Is Smoking A Recognized Disability Under The Fair Housing Act? No.

I get this question from time to time:  "Do you have a list of recognized disabilities under federal law and/or the Fair Housing Act (FHA)."  Unfortunately, the answer is no.  There is no complete list of disabilities to review like a checklist.  Now, that being said, many disabilities are universally recognized while others are appropriately certified by a medical/mental health care professional.  There is, however, one habit or custom that is not recognized as a disability under applicable law:  smoking.

While legal under federal law, when it has been raised, the courts have concluded that smoking is not a disability.  The cases have noted that a resident who smokes may not invoke the anti-discrimination laws (such as the FHA or Americans with Disabilities Act (ADA)) seeking a policy change to permit them to smoke indoors, because "Congress could not possibly have intended the absurd result of including smoking within the definition of 'disability,' which would