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There Are 10 Responses So Far. »

1. Comment by Phil on 11 February 2008:

   Well I don’t smoke, and I do have some respiratory issues that are made worse by tobacco smoke. I suppose that I have more sympathy for the lawyer who says that he’s trying to protect his child from second hand smoke. I haven’t been there personally, so it’s really hard to say how bad the smoke situation really is.

2. Comment by Mike on 12 February 2008:

   The lawyer any day of the week. I deal with this issue from time to time as a property operator and I lean on the side of the none-smoker.

3. Comment by Florida Builders on 12 February 2008:

   I can appreciate this problem. Once I rented an apartment and I lived upstairs of a man and woman who smoked like chimneys not in there apartment but on there balcony. With my doors and windows open I felt ill from the smoke as it wofted up to my apartment. I did not want to leave my windows closed during nice breezy days but suffered non the less. I truly liked these people as they were always outside on the balcony and chatted with everyone and I knew it was a losing battle. If I had to rent again I would check this out first and be sure that there was not a smoke stack leading to my apartment.

4. Comment by Mark Harrison on 13 February 2008:

   For perhaps the first time in my professional life, my sympathy is with the lawyer on this one.

5. Comment by Mark Harrison on 13 February 2008:

   For perhaps the first time in my professional life, my sympathy is with the lawyer on this one.

6. Comment by HELP!!! on 22 March 2008:

   I am going through this very situation right now!! I need help. I have serious asthma. The building owner refuses to enforce the smoking ban in common areas of the building. PLUS!!! The people directly downstairs are smoking like it is going out of style. It constantly seeping into my apartment making it unbareable for me to stay. I cannot move as I have a rent controlled apartment and I am a student on a very low budget. Besides I have been living here for 20 years.

   CAN SOMEONE PLEASE HELP!!

   I NEED A LAWYER TO SUE THE BUILDING OWNER NOW!!

7. Comment by snow on 31 March 2008:

   Take a look at the Selbins’ argument, in the New York Times article.
   http://cityroom.blogs.nytimes.com/2008/02/08/second-hand-smoke-at-the-ansonia-prompts-lawsuit/?scp=2-b&sq=tenant+sues+tenant+over+smoking&st=nyt

   I’ll bet he is now extremely well versed in the byways of NYC’s specific anti-smoking laws, and could help you. I’m thinking of contacting him myself. Don’t believe all the anti-litigation-lawyer comments on this link, by the way. Fresh air inside your home should be a given. My sense is that you have a very good case.

8. Comment by stupid on 7 April 2008:

   Shut up already!

9. Comment by Elise on 13 August 2008:

   Hey HELP!! I did contact snow’s suggestion, he is a consumer action expert not a second hand smoke. Have you tried HUD? I have gone through even worse than the both of you. If you are in New York City and you live in a multi-dwelling building with over 30 units (check that) you should be calling 311 and filling out New York Health and Mental Hygiene Department online smokefree forms. Also you should keep a diary. You should ask your neighbor downstairs if you can work something out to alleviate the smoke conditions. You should ask your landlord first to put up smokefree signs in the hallway, and other common areas. If they don’t that’s when you call 311 and start filling out online smokefree forms from the New York Health and Mental Hygiene Department. You should check out dylos air monitoring machine because believe it or not the courts want to see that you have measured the air, they want evidence of it, and that you have duly notified your landlord by return receipt mail (expect retaliation but hey what can they do to you that they haven’t already done to you?) with full detail and that you have made public testimony, even be it a blog. I have 20 inch box fans with 3M Filtrettes on them, I keep track of when they went on and when they were full, its evidence. I’ve been fighting for my right to breathe since June of 2007 and I am still fighting. This is not legal advice, this is my experience. Hope it helps.

10. Pingback by Smoke Free Apartment Complexes Gain Popularity : The Real Estate Bloggers on 15 August 2008:

    [...] a complete smoking ban on their whole properties. No longer will tenants have to deal with the smell of cigarette smoke wafting into their apartment through the air [...]

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