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Posted by JJ on August 08, 1999 at 13:09:27:

In Reply to: Cigarette smoke from downstairs posted by Kara on August 07, 1999 at 16:37:33:

: Are there any laws concerning or governing cigarette smoke in apartments? I am a non- smoker and the woman downstairs smokes compulsively and 24/7. It rafts into our bedroom. I think I should be able to leave my windows open in 80 degree heat and not have to smell the disgusting wet cigarette smell in my lungs. Is there any way that I can break the lease or be moved to a differnt apartment in the complex. This is a health issue, to me & my boyfriends, we all know second hand smoke is just as dangerous as firsthand.

Here's one New York Times answer; use search on this message board for other suggestions

Curb the Smoke Next Door By BLAINE RODERIQUE 06/10/98

Q: How can I stop second-hand
smoke from seeping into my apartment?

A: John Gadd, a spokesman for the New York City
Department of Health, said that while the city does have
a law that prohibits smoking in most public places --
including common areas of residential buildings -- the
law does not prohibit smoking in the private living areas.
Contact the Health Department at (212) 442-1849 for
tips on dealing with second-hand smoke. You might
also consider petitioning your building's management to
go into apartments surrounding yours to seal around the
pipes, in order to contain the smoke at its origin. In this
case, Gadd said it might be useful for you to approach
the residents of adjoining apartments to ask them
personally to allow building maintenance workers to
enter their apartments. Additional information about the
city's Smoke-Free Air Act, which became law on April
10, 1995, may be obtained by calling (212) 442-1849.

Adapted from "Real Estate Q.&A.," by Jay Romano, The
New York Times, Nov. 23, 1997.

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Comments:
: : Are there any laws concerning or governing cigarette smoke in apartments? I am a non- smoker and the woman downstairs smokes compulsively and 24/7. It rafts into our bedroom. I think I should be able to leave my windows open in 80 degree heat and not have to smell the disgusting wet cigarette smell in my lungs. Is there any way that I can break the lease or be moved to a differnt apartment in the complex. This is a health issue, to me & my boyfriends, we all know second hand smoke is just as dangerous as firsthand.

: Here's one New York Times answer; use search on this message board for other suggestions

: Curb the Smoke Next Door      By BLAINE RODERIQUE   06/10/98

:                 Q:   How can I stop second-hand
:                 smoke from seeping into my apartment? 

:                 A:   John Gadd, a spokesman for the New York City
:                 Department of Health, said that while the city does have
:                 a law that prohibits smoking in most public places --
:                 including common areas of residential buildings -- the
:                 law does not prohibit smoking in the private living areas.
:                 Contact the Health Department at (212) 442-1849 for
:                 tips on dealing with second-hand smoke. You might
:                 also consider petitioning your building's management to
:                 go into apartments surrounding yours to seal around the
:                 pipes, in order to contain the smoke at its origin. In this
:                 case, Gadd said it might be useful for you to approach
:                 the residents of adjoining apartments to ask them
:                 personally to allow building maintenance workers to
:                 enter their apartments. Additional information about the
:                 city's Smoke-Free Air Act, which became law on April
:                 10, 1995, may be obtained by calling (212) 442-1849. 

:                 Adapted from "Real Estate Q.&A.," by Jay Romano, The
:                 New York Times, Nov. 23, 1997. 



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