How would I file a claim with the American Disabilities Act?
Here is a link to the American's with Disability Act form:
The person that files, must be the person injured. I strongly recommend having a documentation trail as well as a physician write on a script pad that the individual must live in a smoke-free environment. You can also have Surgeon General 2006 report on smoke-free housing. All of this should have been shared with the Property Management Companies before filing. You should also meet with the property manager and also put in writing that the next step you will be taking is filing an ADA complaint. Document that you have tried to resolve in a reasonable manner. ADA should be your last resort and do not accept "smoke eaters", fans or foaming outlets and pipe voides. Go with what the Surgeon General recommends as the only way to eliminate smoke exposure - a smoke-free policy.