Posted by Dave on January 26, 2001 at 18:24:57:
I recently purchased a co-op apartment in a pre-war converted co-op in Manhattan. My downstairs neighbor, a rent stabilized tenant from before the conversion, has a relative who visits 3-4 nights a week, and is a heavy smoker. I always know when he is visiting because the cigarette smoke penetrates into my apartment with such strength that it is unbearable. I have already replaced a portion of the flooring and a closet to stop the smoke to no avail. It seems to be coming through the floors in numerous locations. I have spoken with the neighbor's relative as well and explained the problem, but he is unwilling to modify his habits. It seems that this neighbor's conduct violates a provision of my lease (and the neighbor's lease) concerning odors and interference with other tenants, but all the tenant is doing is permitting a guest to smoke in her apartment. I know there is plenty of anti-smoking momentum these days, but can I (legally) prevent him from smoking in his relative's apartment, or alternatively, compel the neighbor or the co-op to pay to remediate this problem (if such remediation is even possible)? Help!
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