thanks so so much for your insight in this terrible situation I find myself into. but I was not aware. yes I reported to the board and my understanding and the board's notice stated you can smoke inside your unit but one MUST take all steps to make sure it wont travel to other units??
where can I locate this information regarding not smoking inside your unit/apartment. yes I live in a coop and I am a shareholder. it will be very helpful if this information is make available to me I have searched nyc.gov etc and it seems they are stating inside unit is ok??? help

I did NOT read this (see link), but it took all of two seconds googling to find it. I googled "no smoking in coop apartments." I'm sure there's more.

https://breathefreely.org/wp-content/uploads/2019/06/SFHNY-CoOp-Guide.pdf

This was in the general info, so I guess you have to find your coop's proprietary lease and bylaws, etc. If your building is like mine, however, those documents can be very outdated until you petition your board to make appropriate changes (not easy).


"In Brooklyn, NY, co-op buildings can implement smoke-free policies, restricting smoking in common areas and potentially within individual units, and can enforce these policies through lease amendments and potentially by taking smokers to housing court.

Co-op Buildings and Smoking Policies:
Co-op buildings can adopt smoke-free policies that restrict smoking in common areas (hallways, stairwells, lobbies, etc.) and potentially within individual units.
These policies can be implemented by amending the proprietary lease, which requires the support of a certain percentage of shareholders (often two-thirds or three-quarters).
A smoke-free policy can cover all areas of the building, including balconies, decks, and patios, and even a designated building perimeter.

Enforcement of Smoking Policies:
If a co-op board finds evidence that a shareholder is violating a smoking policy, they could take them to housing court.
A judge might consider the circumstances and potentially rule against eviction, especially if the resident is a long-standing tenant.

Secondhand Smoke Issues:
Co-op boards are responsible for ensuring that smoke doesn't permeate from one unit to another.
If secondhand smoke is entering another apartment, the board may need to take action, potentially including excluding smokers from the building.

Local Laws
As of August 2018, a local law requires all residential buildings with three or more units to have a smoking policy.
This law requires building owners to create and share a policy on smoking with current and future tenants.

Smoke-Free Housing Benefits:
Smoke-free policies can provide health benefits for residents and pets.
They can also offer potential financial advantages to owners by avoiding costly repairs due to cigarette and smoke damage.

Tenant Rights:
Tenants can ask their building owners to make their building smoke-free.
If a building has a smoke-free policy, tenants can report secondhand smoke issues to the building owner or manager.
If a building does not have a policy on smoking, tenants can still advocate for smoke-free housing."

If this is a co-op, check the proprietary lease. The lease for my co-op states "“The lessee shall not permit unreasonable cooking or other odors to
escape into the building.” We gave every resident a memo to state they must conform and obey the proprietary lease or be subject to a fine and it has helped some.

You want to focus on the 2018 law that requires co-ops to have a smoking policy (as DP included in earlier reply). Demand the smoking policy from your board and mgmt.
It's possible they never adopted one.

Our co-op is revising ours to include requiring any smoker to use air filters with HEPA and charcoal filters. We are including language that masking the smoke with air freshener or incense is not permitted.

I would also suggest that you request maintenance of any building ventilation. After an uptick in smoke complaints, we discovered that not all roof fans were operating correctly.

yes the HEPA air filters are an excellent proposal. I did get one air purifier in my bedroom and it did not work. but yes why should we have to take all sort of precautions when it is the perpetrator the one who must take all the steps to make sure the smell dont travel to other units? thank you so much

THANK YOU all! I am looking to have a proposal to amend our proprietary lease so our coop can go smoke free to include the units as well. I was given an inspection as my one time friend and my neighbor below complaint that I was making noises, which I did out of frustration. the good thing is as the super was living my place, my next door neighbor was coming home, and actually complaint about the same issue stating he knows it comes from down below because he saw the smoke coming out of his place. what a relief. I truly hope this gets resolved, I returned my air purifier it did not work.
lets see how this process will go.

thank you every bit of information is greatly appreciated.
how can I mention to management that I am proposing to make our coop smoke free, I would like to show then the information regarding the 2/3 voting needed to amend the proprietary lease?

how can I obtain a copy of the proprietary lease? should I request our Management company?

The Proprietary Lease will have (should have) been part of the paperwork you received when you purchased your unit. Look there.
You can also reach out to Management as well as the Board. If that fails, reach out to a neighbor who you think might have it. A lot of my neighbors come to me for the documents they should have kept track of, knowing that I probably have it "here somewhere" and can eventually produce it for them. The HOUSE RULES are within the Proprietary Lease.

Hi
Speak to your co-op attorney. He will tell you if the shareholders want a smoke free co-op you need the majority vote. I asked my co-op attorney at our Annual meeting. Bring this up at the Annual meeting. Also find out if your neighbor is smoking and there are others joining him/her because that becomes a different issue and then you can call the cops. Call your police dept to confirm.

thank you, yes I will look into it. I have the paperwork, and I can have management submit a copy as well. thank you for your help