What Are Smoking Laws for Apartments in NYC

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What are smoking laws for apartments in New York City? Can you smoke in your own apartment in the city? We’ll demystify this topic in the following video. My name is Chris at Hauseit. Hauseit is the largest For Sale By Owner and Buyer Commission Rebate company in New York City, established 2014. Check us out at https://www.hauseit.com

Smoking laws in New York City are actually quite strict for apartments. There are two existing laws that affect residential buildings with 3 or more residential units. The first is the Smoke Free Air Act of 2002, the second is Local Law 147 which was enacted in 2018. The Smoke Free Air Act of 2002 prohibits smoking in all indoor common areas such as hallways stairwells lobbies gyms and laundry rooms.

More recently Local Law 147 requires residential buildings with three or more residential units to enact a building wide smoking policy that dictates exactly where smoking is allowed or prohibited in all indoor or outdoor areas. This smoking policy is typically included at the end of a building's house rules.

Keep in mind that Local Law 147 only stipulates that buildings need to have a written and public policy that is distributed to all current and future potential residents. It does not require residents to not smoke and leaves that policy decision individually to each building. As a result, the law does not actually specify whether you can smoke in the privacy of your own apartment but rather leaves that to the discretion on a building by building basis.

So, if you are on a condo or co-op board should you not allow smoking at all? Well, the answer depends on what type of building or property owner you are. For example, if you are a condo or co-op building and the units are individually owned then perhaps it might make sense to allow smoking in the privacy of one's own apartment because presumably individual apartment owners will be responsible for cleaning up any smoke related damage that they wish to sell or rent the unit out.

Conversely, if you are a multi-family townhouse or brownstone owner, for example a four family townhouse, well you own all of the apartments in the building and because there is an actual cost and additional vacancy related with apartments that have smoke and odor and significant costs related to cleaning up those odors then it may make sense for you as a landlord to prohibit smoking altogether.

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