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Smoking Tenant

Posted by Renee on December 06, 2001 at 10:30:42:

I'm renting the first floor of a two family house in Brooklyn. Prior to moving in, I explained to the landlord that my 4 year old has asthma and is a former preemie. When we moved in, we realized there was someone smoking in the house and approached the landlord. It turns out that the tenant who is renting a room in the basement apartment is a smoker and his room seems to be under me and my son's bedroom. I approached the landlord again and found out that the smoker is a problem tenant and they're trying to get him out, but it will take awhile (they've already called the police on him at least once). My question is, can I deduct the purchase of room air purifier out of my rent as it was my understanding that this was a smoke free environment and the smell is starting to aggravate my son's asthma.

My other concern is when I went to the BIS website and put in my address it was listed as a two family house. If it's a two family house, should there be anyone living in the basement to begin with? We occupy the first floor and another family occupies the floor above us.

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