Smoking rights of owners and neighbors and warranty of habitability
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The building manager sent letters to all tenants and smoking tenants specifically regarding an increasing issue with smoking in the building. Smoking is prohibited in all public areas by law and building policy. Tenants are allowed to smoke in their own apartments but must prevent smoke from ventilating into hallways or interfering with other tenants' health, safety, and comfort. Smoking tenants must properly seal and ventilate their units, such as by opening windows when smoking or using an air purifier, at their own expense, to avoid issues with non-smoking neighbors. Failure to comply could result in eviction.
Smoking rights of owners and neighbors and warranty of habitability
- 1. ADA M LEITM A N BAILEY, P.C. WE GET R ESULTS Smoking: Rights of Owners and Neighbors and Warranty of Habitability
- 5. LETTER TO THE ENTIRE BUILDING Dear Tenants, We have written to you before about the increasing problem of smoking at the Ludlow. It is becoming necessary for us to take sterner measures. Smoking in or on any of the halls, corridors, lobbies, public spaces and amenity spaces of the building is absolutely forbidden, not only by building policy, but by New York City law. As a result, violation of this law will lead to extreme measures. This includes the loss of apartments by tenants who themselves or by their guests and families violate this policy. Tenants who violate this will be responsible not only for the loss of their apartments but for reimbursing the Ludlow for its attorneys’ fees in enforcing this policy. Further, it is imperative that all tenants confine any cigarette smoke to their own apartments. This, they may do by opening windows to clear the smoke or by using various devices to remove the smoke from the air. Ventilating cigarette smoke from the apartment into the corridors of the Ludlow is forbidden and will be considered interference with the health, safety, and comfort of other tenants of the building. This is called a nuisance and is also grounds for eviction. We want life at the Ludlow for both smokers and nonsmokers to be as healthy and congenial as possible. We therefore ask that the smokers show consideration for their neighbors and be sensitive to their needs. I would like to thank everyone in advance for the anticipated help with this. Best Regards, Jayson Chaney Ludlow Building Manager
- 6. LETTER TO THE SMOKING TENANTS Dear Tenants, We have previously contacted you with regard to the problems associated with your smoking of tobacco products. We are trying to accommodate your rights to your individual privacy, but must also answer to the health concerns of other tenants in the building. I call your attention to paragraph 15 of your lease, a portion of which reads as follows: The Tenant shall not permit conditions to exist in The Apartment that are unhealthy or unsanitary. The Tenant will neither permit The Tenant's health or safety nor the health or safety of any other persons living or working in the Building to be endangered by any conditions in The Apartment, regardless of whether such conditions in The Apartment require repair or are a matter of cleaning and maintenance of The Apartment. While this language does not restrict your right to smoke in your own apartment, if you so choose, it does forbid you to do so in such a way as to interfere with the health and safety of other tenants. Therefore, if you are to continue smoking in your apartment or to allow others to smoke in your apartment, it will be necessary for you to allow the management to attend to the sealing of your apartment as effectively as possible. That, however, is not enough. When you are smoking, it will be necessary for you to ventilate the smoke out of the apartment through open windows, weather permitting, and if the weather is not permitting, for you to run machinery in the apartment that cleans the smoke and its products out of the air. Both the purchase of that machinery and the running of it will have to be at your expense. We have done some research on the matter and would like to point out to you that a number of machines are commercially available for the purpose. We take no responsibility for either the effectiveness or the safety of the machines in question and list them here only as a place for you to start your research in how to handle your smoking habit. 1) Alive Air Purifier 2) Rabbit Air Purifier 3) IQAir Health Pro Air Purifier 4) Austin Air 5) Blue Air Purifier 6) Sharp Plasmacluster Air Purifier
- 7. 7) Alen Air A350 8) Oreck XL 9) Honeywell 50250 10) Friedrich Air Purifier It is extremely important for you to do research yourself to determine which, if any, of these machines could or would resolve the situation for you in an acceptable manner. At the Ludlow, we place heavy emphasis on the comfort and safety of all of our residents, smokers and non-smokers alike. We therefore look forward to your cooperation in this matter. Best Regards, Jayson Chaney Ludlow Building Manager
- 8. PUBLICLY POSTED ATTENTION: ALL RESIDENTS Smoking of all kinds is prohibited in all public areas of this building, in all of the amenity rooms of the building, in all of the stairwells, elevators, corridors, lobbies, roof decks, and other spaces of the building available to tenants with the exception of their own apartments. Smoking inside apartments is only permitted to the extent allowed by law. All smoke within an apartment must be ventilated to the outside by a window or fan or scrubbed out of the apartment air with a properly functioning recirculating filter device.