This column previously discussed secondhand tobacco smoke in 2006,1 following release of the Surgeon General’s report concluding that secondhand smoke poses a serious health risk.2 To date, 26 states and the District of Columbia have passed comprehensive smoke-free laws.3 However, these laws exempt the place where most Americans spend the greatest amount of time—home. Several California cities have enacted local legislation banning smoking inside multi-unit residences.4 However, New York City does not have such a law and few if any New York co-ops or condominiums have voluntarily become smoke-free.
Absent legislative action, a prohibition on indoor smoking in a co-op or condominium building could be procedurally difficult to enact and may lead to contentiousness between neighbors. In addition, boards may be concerned that banning smoking would result in litigation or decreased apartment values. Nonetheless, boards and managers must address legitimate complaints of occupants who wish to be free of the odor and adverse health impacts of secondhand smoke. This creates a challenge for boards and managers of buildings occupied by both smokers and non-smokers.
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