Here are 5 things to know about this new bill:
- All residential buildings must create a smoking policy. This covers residential buildings with three or more units, including rentals, condominiums, and cooperatives.
- Smoking policies must be in place by August 28, 2018. The new bill was enacted on August 28, 2017 and requires building owners and managers to be in compliance within 365 days.
- All current and prospective residents must be informed of the policy. The policy must be distributed to tenants and apartment owners annually, and incorporated into leases and purchase agreements. It must also be posted in public areas within the building.
- Failure to comply with this law may result in fines. Any owner who fails to disclose the building’s smoking policy as required may face a $100 civil penalty.
- Smoking disclosure benefits both tenants and landlords. Knowing a building’s smoking policy enables residents to make more informed choices about where they live (especially important for families with young children and older adults). In turn, this benefits landlords by reducing complaints and disputes regarding secondhand smoke.
SMOKING POLICY FOR WARWICK OWNERS CORP.
Property Address: 76-12 35th Ave., Jackson Heights, NY
There is no safe amount of exposure to secondhand smoke. Adults exposed to secondhand smoke have higher risks of stroke, heart disease and lung cancer. Children exposed to secondhand smoke have higher risks of asthma attacks, respiratory illnesses, middle ear disease and sudden infant death syndrome (SIDS). For these reasons, and to help people make informed decisions on where to live, New York City requires residential building owners (referred to in this policy as the “Owner/Manager,” which includes the owner and any agent thereof or governing body) in buildings with three or more residential units to create a policy on smoking and share it with all tenants.
The building policy on smoking applies to any person on the property, including guests.
a. Smoking: inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, little cigar, pipe, water pipe or hookah, herbal cigarette, non-tobacco smoking product (e.g., marijuana or non-tobacco shisha), or any similar form of lighted object or device designed for people to use to inhale smoke.
b. Electronic Cigarette (e-cigarette): a battery-operated device that heats a liquid, gel, herb or other substance and produces vapor for people to inhale.
Smoke-Free Air Act
New York City law prohibits smoking and using e-cigarettes of any kind in indoor common areas, including but not limited to, lobbies, hallways, stairwells, mailrooms, fitness areas, storage areas, garages and laundry rooms in any building with three or more residential units. NYC Admin. Code, § 17-505.
Policy on Smoking
Smoking is not allowed in the locations below:
- Indoor common areas including, but not limited to lobby, vestibule, hallways, basement
- Outdoor common areas, including, but not limited to the back garden
- Outdoors within 25 feet of entrances, exits, windows
Complaints about smoke drifting into a residential unit or common area should be made promptly to Sanjiv Diwan of New Bedford Management. Complaints should be made in writing by email to Sanjiv@nbmgmt.com and should be as specific as possible, including the date, approximate time, location where smoke was observed, description of incident and apparent source of smoke.
You must include a copy of this policy with all Contracts of Sale and Subleases.