My neighbor’s cigarette smoke drifts into my apartment, which irritates my eyes and lungs. Management won’t address this problem, so what can I do about it?
In New York City, smoking is prohibited in the common areas of most residential buildings. “This includes hallways, stairwells, laundry rooms, and lobbies,” said Altagracia Pierre-Outerbridge, attorney and founder of Outerbridge Law representing residential tenants, condo owners and landlords.
However, the city’s smoking law does not generally ban tenants from smoking inside their apartments unless the building has adopted a smoke-free policy.
Secondhand smoke is a potential habitability issue
If the smoke is coming into your apartment from a common area, a call to 311 may be appropriate. You can also make a complaint online via the 311 website. “If the smoke is coming from another apartment, the issue often becomes one of lease enforcement, nuisance, or habitability,” Pierre-Outerbridge said…