We should all be told before we have this discussion whether or not the home owners in question ever agreed not to smoke befor moving in.
Assuming that they did not, here goes:
We are all supposed to have an extensive package of basic rights protected by Federal state and local governments.
We often forget that these rights do not include protection against ever being offended or smelling something bad.
We are undergoing an alarming shift in our basic societal values. We are moving away from an ideal where societal and legal space is made for individuals to stand out in ways good or bad, so long as the burden of outstanding behaviour does not counterbalance the rights of others.
We are moving toward a herd mentality in law and in our daily lives in which any offense to the sensibilities of the herd is punishable.
Perhaps the occasional bad smell is not too great a price for freedom. Others paid much more to establish our right of going against the herd.
Mad Scientist Living in Your Midst