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smoking in the hallway

Posted by Kay on December 22, 2001 at 14:30:30:

My downstairs neighbor comes out of his apt. to smoke in the hallway. The smoke seeps up and into my apt. I've asked him to stop, told the super and the owners, but so far he hasn't stopped, saying only, "life isn't fair," when I asked him if he would just smoke in his own apt.

I'm assuming it is illegal to smoke in shared spaces. Where would I go to find the actual law?

Can I write a letter to the landlord saying I'm not going to continue paying rent until they get him to stop? Should I include a letter with my next check saying that's what I'm going to do unless they get him to stop. I'd like to include documentation of the law in my letter which sanctions my not paying rent, if I choose to do so. I can also just call them again and say that I'm going to stop paying without actually putting it in writing.

I love my place and don't want to risk losing it, but it really seems unfair. (I know life isn't fair, but still...)

Please advise.

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