Can You Stop People From Smoking Outside Your Building?
Q: I live in a condo building in New York City that is next to an elementary school. I understand that city and state smoking laws require a 100-foot smoke-free perimeter around school entrances. This would include the sidewalk in front of my building for at least 25 feet in both directions from our entrance. A board member and their spouse, in spite of complaints from multiple residents and the no-smoking signs posted by the city health department, regularly smoke directly in front of our entry. The smoke drifts into the lobby when the doors are open. What can we do?
[…]
City law prohibits smoking in indoor common areas of buildings, though it’s not clear if a secondhand smoke case can be made in your situation. But there are other avenues. The smoking could create a violation of the housing maintenance code if the smoke interferes with the peaceful living of residents, or it could create a nuisance case, both of which could be brought in State Supreme Court, said Adam Leitman Bailey, a real estate attorney. Start by checking the board’s policies and writing a letter to the board about the drifting smoke.
“Court will work, but it’s expensive,” Mr. Bailey said. “Even when buildings can afford it, why waste your money when there are other methods that are less expensive?”
[…]