I don’t discriminate against smokers, although some landlords do. A “No Smoking” policy is no different than a “No Pets” policy. Landlords have the right to decide whether they’ll allow pets and/or smoking in their units, because both of these can alter the state of the rental in a negative way. The Federal Fair Housing Acts prohibit discrimination on the basis of race, color, religion, national origin, gender, age, familial status (having children), and physical or mental disability (including alcoholism and past drug addiction). In addition, many states and cities also prohibit discrimination based on marital status or sexual orientation. But smoking is a different issue altogether.
Pets can destroy carpet and walls. Smoke leaves an odor and also deposits a brownish (nicotine?) stain on the walls and ceilings. This picture was taken recently. My tenant — a diehard smoker — had lived in this unit a little over a year, and the ceiling was covered with this brown stain. Talk about second hand smoke! It’s nothing that a coat of paint won’t take care of, but some landlords just don’t want to deal with it. As you can see, the painted section is about 10 shades lighter.
When I have smoke stains on the walls, I sometimes just wwash them down, if they’re in good shape otherwise. But ceilings are difficult, so it’s easier to just paint over the stains. As you can see in the photo, if you use good paint one coat will cover.
Or, if you just don’t want to deal with it in the first place, just don’t. It’s your right.