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Posted by MikeW on July 21, 1999 at 16:54:52:

In Reply to: Re: Probably not posted by Anna on July 21, 1999 at 16:08:55:

Missed the line in the original post stating that you all pay separate rents to the LL.

Without a lease, the LL would have the final say. The rest should be how I stated above. Without a lease, he only has to give you 30 day notice to vacate. He doesn't need to give you a reason. However, the other tenents don't have any leverage on you unless they can get the LL to put pressure (which it sounds like they're doing).

As far as the heath laws, I'm not sure how they apply here. I've only seen them applied to commercial property. Since you don't smoke in a public area, you shouldn't have a problem in that regard.

The LL is the key in this one.

: Multiple Dwelling?: It sounds to me like you all rents rooms in a rooming house: you share one kitchen, one living room? A multiple dwelling is a house with seperate quarters for three or more families to live inde[endently: e.i.: with their own kitchens...

: Smoking: how is the house heated? radiators in most rooms? or forced air thru floor/wall vents? Yes: it might make a difference: with forced air, no one smokes alone: one room smokes, the whole house gets second-hand smoke! There might even be laws against it in rooming houses, hotels, etc. There most certainly are in office buildings in NYC! That's where to look: the new smoking laws, not the housing laws... Try the search feature on the NYC site.

: ps: have you spoken to any of your housemates about this? How many of them smoke too? If there is no law against smoking, a vote should decide it. (if there is a law, one non-smoker could win...)

: : It sounds like there are no written agreements of any kind involved here. In that case, inforcing any kind of arbtrary rule here may not be possible.

: : However, there are other issues. You say there is no lease. Who is considered the prime tenant (ie. who rented the apartment, who does the LL recognize as the holder of the apartment)? If that is not you, the prime tenant could revoke your tenancy, and start eviction proceedings at will. While the smoking issues would be irrelevent to the case, it might provoke the prime tenants to take that action.

: : : I live in a house-share situation; about 7 of us share a house in Staten Island, that I believe is zoned as a multiple family dwelling...??
: : : We each have our own private bedrooms & share the rest of the house, the Landlord lives in another house down the street, we each pay seperate rents based on the size of our bedrooms. There is no lease.
: : : Today I recieved a letter from the landlord stating that others are complaining about my smoking (smoking has always been allowed in your private room as long as you keep your door shut, which I do). The Letter says that "We(?) have agreed that everyone must smoke outside only and not in private rooms."
: : : I didn't agree to anything and I don't know
: : : who "We" is that agreed to this. I have lived in this house for 6-1/2 years, longer than anyone else & smoking has always been allowed in your own private room. No-one has said a single word to me about my smoking. There are others here that smoke also.

: : : Do I have the right to smoke in my own room ?
: : : Can the landlord & others order me to smoke outside ?
: : : I haven't spoken to the landlord or anyone else yet.
: : : Was hoping I could get some answers here first

: : : Fell free to E-Mail me with any info, Thanks

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