Donnelly v. Cohasset Housing Authority

A woman sued the local housing authority because of exposure to secondhand cigarette smoke, which she claimed was drifting in from the apartment below hers. A lower court ruled against the tenant’s claims that the drifting secondhand smoke (1) violated the covenant of quiet enjoyment; (2) violated her lease; and (3) constituted negligence. The court of appeals disagreed, finding that the tenant had provided sufficient evidence to proceed to a trial on her three claims. However, the appeals court agreed with the lower court’s finding that there was no discrimination based on a disability in the case.


Donnelly v. Cohasset Housing Authority, 62 Mass.App.Ct. 1104 (2004).

  • United States
  • Oct 1, 2004
  • Appeals Court of Massachusetts


Plaintiff Joann Donnelly

Defendant Cohasset Housing Authority

Legislation Cited

Massachusetts General Laws Chapter 186 section 14

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product