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hello, I am writing this post hoping to get an answer, more than an answer a solution to a seriouos problem with my downstairs neighbor and his daily non stop marijuana smoking. I am living a daily nightmare, now to the point that I do not longer look forward to get home. What was once my sacred place of comfort, it now reeks of smoke that sticks to my sheets, blankets, sofa clothes. getting in my room it feels like I am walking into an ashtray, this is how my unit smells like nowadays. a big ashtray. I have lost the will to do laundry at this point since I change bedsheeets one day just to have the smell impregnated two days later. I come home late from work, but I am forced to take a walk outside so I can fall sleep in an stupor of tiredness. I am now dealing with breathing issues, sneezinng and constant coughing. it all started last year, one day the smell so strong shocking to me as he never did it prior to his first two years following to that day. It seems he spents his days at his unit more often than previous years. and he has a roomate now with whom he engages on weed smoking amost daily. when confronted he denied it. but the one time I build the courage to ask to speak to him, he invited me in and well... the smell was so ovewhelming. yet right in front of my face he denied it. his eyes red and he stting in the corner of his sectional sofa. all this time he had gaslit me and now I had the proof right there. I told him how can you breath here. he had opened the windows but this weed smell sticks to clothes sheets, etc. the smell lingered all over his place...
some days the smell is less potent , but comes friday and saturday and it is unbearable. I dont smoke at all in fact, I have a very sensitive sense of smell. I started getting sick, constant sneeezing, I now cough often even got my ENT doctor to explain in a letter how detrimentla second hand smoking specially marijuana smoking can cause to cronic rhintis and sinus. Second hand smoke as it is well known is extremely dangerous to all of us who dont smoke. I notified the board and the board distributed the regulations prohibiting smoking in common areas in the building, and how each unit must take precautions if they are smoking units to prevent to smell to emanate to other units. But as all coop units in Jackson Heights are in its majority old building that are not inmune from the smoke to travel upwards. I am desperate and the board has told me they will send this shareholder a letter which I dont know if it will do any good at all. He has already lied to me and pamphlet previously sent has not deter him at all. specially weekends when he has company. The super is trying to help but dont seem to be available. I am experiencing extreme discomfort on a daily basis, and the health risks that compromises my breathing. not one deservers to live like this, no onve deserves to feel unwelcome at his/her own place. please help!!
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.
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I don't know if this will help, but you do have the law on your side: all indoor spaces in NYC are now Smoke-Free. Smoking of any kind, indoors, is illegal. If you live in a coop/condo, have you reported it to the building manager? The super has no power in this situation. If you live in a rental, you can investigate housing court. I would start by reaching out to your local assemblyperson, congressperson, and borough president's office and get their advice. I understand any concern about possible retribution by this tenant.
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