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The co-op or condo could also make the claim that smoking within a certain distance from the building's exterior creates an environment that is detrimental to the health of the building's residents.
Courts have upheld House Rules that prohibit smoking anywhere within a building, including residential units because of the effect of second-hand smoke. The same argument could probably be made that smoking too close to the exterior of a building affects the health of the residents from smoke that is drawn into apartments and building-wide air circulating equipment.
Apparently they can.
Starting August 28, 2018, all residential buildings with three or more units in New York City will be required to adopt a written smoking policy. This applies to rentals, co-ops, and condos.
The new ordinance, called Local Law 147, does not require buildings to ban smoking outright. On the contrary
Read things carefully. This would be over reaching for a private cooperative.
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No -
Private coops do not have control of the public areas outside the perimeter of the building in regards to people smoking.
(As much as some board members might like to.)
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