Coop owner disputes with smoking issues

[coopowner]

Jurisdiction

New York

I am a new board member of my coop and dealing with some issues that we have in the building. Our building manager is unfortunately mostly useless and we need a new company. Right now we have two coop owners disputing that one is smoking in their apartment and it is causing a problem. The accused claims they are not smokers and claims that the other unit owner is a pothead and is smoking marijuana. I know that there is a general no smoking policy in New York in restaurants and in common areas but I don't know about the building. I did some research and it seems there is a smoking policy law? Is this applicable to our building so we can make it a no smoking building and end this problem once and for all? Thank you.

 

[Zigner]

I am a new board member of my coop and dealing with some issues that we have in the building. Our building manager is unfortunately mostly useless and we need a new company. Right now we have two coop owners disputing that one is smoking in their apartment and it is causing a problem. The accused claims they are not smokers and claims that the other unit owner is a pothead and is smoking marijuana. I know that there is a general no smoking policy in New York in restaurants and in common areas but I don't know about the building. I did some research and it seems there is a smoking policy law? Is this applicable to our building so we can make it a no smoking building and end this problem once and for all? Thank you.

An internet forum is not where the board of a coop should be seeking legal advice. Speak to the board's legal counsel (i.e. the board's attorney). If the board doesn't have legal counsel, then the board needs to get it.

 

[adjusterjack]

I did some research and it seems there is a smoking policy law?

The law requires that you have a policy. Doesn't require that you ban smoking. A ban is up to you. Enacting a total ban would have to conform to whatever requirements the co-op rules and regulations have for the board to act.

What the Law Means for Condos and Co-ops - New Citywide Smoking Policy for Residential Buildings to Go Into Effect This August

Starting August 28, 2018, all residential buildings with three or more units in New York City will be required to adopt a written smoking policy . This applies to rentals, co-ops, and condos. The new ordinance, called Local Law 147 , does not require buildings to ban smoking outright. O…

cooperatornews.com

 

[adjusterjack]

If the board doesn't have legal counsel, then the board needs to get it.

Amen to that.

 

[Michael Wechsler]

@adjusterjack is exactly correct that New York requires a smoking policy (yet another New York Local Law - 147). But that alone may not going to solve the problem you're discussing. Trying to enforce any smoking policy is very difficult. How do you prove conclusively someone is smoking and that it is emanating only from a particular apartment? It's very difficult.

The following is not legal advice and I'm just sharing my own experience. In the event you don't have a no-smoking policy in the building (e.g., a smoke free building), in New York you'll need a supermajority of shareholders to create a new policy to do so.

I have seen an instance of a similar dispute except the party accused of smoking accused the reporting party of making excessive noise - another challenging policy to enforce. In this instance, the resident who was smoking often did so from their balcony. They believed they weren't seen and kept denying that they were smoking. A neighbor who detested the smoking was able to obtain a video from a friend who lived in the building across the street. That was the evidence needed to nail down a violation for smoking. But in that instance, it had much to do with the disposal of the cigarettes in the landscaping area by tossing the butts off the balcony. The moral of the story is that you should certainly use your attorney and possibly have a letter sent, but be aware that this warning might be the limit of what you can do unless you can obtain some type of evidence. Good luck.