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• Even home isn't haven for smokers 

What if a smoking habit meant not only going outside on work breaks, but getting kicked out of your home?

That's what happened to Erin Carey and Ted Baar, a couple evicted from their Boston condo after neighbors complained that excessive cigarette smoke was seeping into their apartments. In what experts are calling one of the first cases of its kind in the United States, a Boston housing court jury upheld the eviction, even though their lease did not prohibit smoking. Ms. Carey and Mr. Baar's heavy smoking - one pack a day each - was a nuisance to neighbors, much like excessive noise, the jury found.

The case could set a precedent. "We're looking at a potential nationwide impact," says Edward Sweda

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There are many, many cases where tenants have been evicted for nuisance and interfering with the habitability of neighboring apartments. Having that extend to smoking is logical
David Grossman, managing attorney of housing at the Hale and Dorr Legal Services Center at Harvard Law School, on the couple evicted from their Boston condo after neighbors complained that excessive cigarette smoke was seeping into their apartments.