Asked by user in New York.
We live in a 4-apartment building. Our lease prohibits smoking. We have been inhaling strange odors since we moved into our apartment.
I’m sorry this is happening to you.
New York law prohibits smoking in the common areas of residential buildings with 3 or more units. To report a violation, you can call 3-1-1 or file a report online.
Because your lease prohibits smoking, the tenant who is smoking is in breach of the lease. The best way to deal with this is to:
If your landlord fails to resolve the problem, you may need to meet with a lawyer to discuss your legal rights. You may be able to break your lease on the basis that your landlord is failing to provide a safe living space (see NY Real Property Law 235-b). There are, however, certain steps you must take before breaking the lease (including informing your landlord in writing). For this reason, it’s a good idea to meet with an attorney before doing so. If you can’t afford an attorney, consider contacting New York’s legal aid services.