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Condo smoking laws

Started by uptowndude
over 14 years ago
Posts: 70
Member since: Nov 2010
Discussion about
Anyone know if a condo or condo board can legislate that their building is a non-smoking building? Or strictly enforce rules that prohibit smokers from having their cigarette or cigar smoke from infiltrating someone else's apartment?
Response by NYCMatt
over 14 years ago
Posts: 7523
Member since: May 2009

Yes.

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Response by uptowndude
over 14 years ago
Posts: 70
Member since: Nov 2010

Such as?

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Response by saiyar1
over 14 years ago
Posts: 182
Member since: Jun 2010

Stop smoking. Its bad for everyone

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Response by Socialist
over 14 years ago
Posts: 2261
Member since: Feb 2010

except Phillip Morris

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Response by uptowndude
over 14 years ago
Posts: 70
Member since: Nov 2010

It is bad for everyone, yet there are suckers born every day who still shell out the big bucks for cigarettes.

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Response by Riversider
over 14 years ago
Posts: 13573
Member since: Apr 2009

Ariel West(Condo) banned smoking. Also one of the Lincoln Tower Coop buildings did the same. It's a tough question and balancing act. Many think they should be allowed to do anything in their apartments and others take issue with the smoke seeping through the vents.

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Response by uptowndude
over 14 years ago
Posts: 70
Member since: Nov 2010

If the smoke seeps through vents and ends up in someone else's apartment, then the smoker should be responsible, in my opinion.

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Response by saiyar1
over 14 years ago
Posts: 182
Member since: Jun 2010

In any apartment, tenant should have to disclose of they smoke. The rules should state that if a neighbor smells smoke then the offending tenant must pay a steep fine. If mistakes in the accusation process happen, tough shit since no one deserves to breathe cancer fumes. If someone fails to disclose their smoker status and are caught, even steeper fines are levied. Basically make it so painful to cause second hand fumes that it's just not worth it to smoke anywhere but outdoors.

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Response by uptowndude
over 14 years ago
Posts: 70
Member since: Nov 2010

What if they smoke on a terrace below you and the fumes come directly into your apartment?

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Response by truthskr10
over 14 years ago
Posts: 4088
Member since: Jul 2009

LOL, what's next,fines for cooking indian food?
Id rather live in a building with an entire floor of smokers rather than the 3rd floor near a tunnel or bridge.

How about those american spirit smokers, I think their tobacco is organic.

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Response by uptowndude
over 14 years ago
Posts: 70
Member since: Nov 2010

Can you get cancer from inhaling the smells of Indian food?

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Response by jsw363
over 14 years ago
Posts: 235
Member since: Dec 2008

Rental buildings have prohibited new tenants from smoking in buildings--new developments had also intended to ban smoking, but I don't know how this played out during the recession. Condos, obviously would operate differently, but I can definitely see them enforcing anti-smoking rules aggressively depending on the board composition.

http://www.nytimes.com/2009/11/16/nyregion/16smoke.html

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Response by saiyar1
over 14 years ago
Posts: 182
Member since: Jun 2010

If the smoke from the terrace gets into an apartment, then yes, it should be a fine.

And cooking smells don't give cancer.

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Response by jim123
over 14 years ago
Posts: 121
Member since: May 2008

Condo boards can pass by-laws (not legislation) to ban smoking in the units or other areas that affect other tenants in their unit - but it's not an easy sell. Some have argued it increases the appeal and therefore value of a building. Others have argued the opposite. I've had some problems (not recent) with smoke infiltrating my unit and the board refused to change the by-laws arguing that it "violates the smokers' rights." I have heard of some successful lawsuits against smokers who refuse to curb their smoking when it affects others' health/comfort.

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Response by uptowndude
over 14 years ago
Posts: 70
Member since: Nov 2010

I think we know second hand smoke is a health hazard. If smoke from one apartment infiltrates another, it should be up to the smoker to find a way to stop that infiltration; not the other way around. If they can't and it persists, the health of the non-smokers is in jeopardy and the smokers should be forced to find somewhere else to kill themselves.

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