1
Know the facts
-
Smoke
drifting from lit tobacco products and/or exhaled by smokers
seeps into the living spaces of other tenants and common
areas of the building. SHS travels through lighting fixtures,
cracks in walls, around plumbing, under doors and shared
heating/ventilation.1
-
More than a nuisance or bad smell: Secondhand smoke is
a class ‘A’ carcinogen, like radon and asbestos.
Its toxicity warranted a 2006
report from the U.S. Surgeon General, which included
a section on secondhand smoke exposure in
the home.2
-
Among the many illnesses caused or made worse by SHS are:
lung cancer, asthma, sinus infections, ear infections,
chronic cough, sudden infant death syndrome and heart
disease.3
-
Smoking
is not a right guaranteed under the Constitution.
You have a right to ask landlords/management companies
to protect you from unwanted SHS and to expect reasonable
action.4
-
It’s legal for landlords/management companies of
private and public housing to adopt smokefree building
policies which protect your health and their property.*1
2
Document the problem
- Write
down how often SHS enters your home, when it’s noticeable,
where it seems to come from and how it affects your family.
- Obtain
a letter from a physician stating how the SHS is impacting
you/your family’s health.
- Find
other neighbors also affected by the smoke who will join
you to address the problem.
SPECIAL
NOTE: If you have a serious, pre-existing condition made
worse by secondhand smoke, like heart disease, Chronic Obstructive
Pulmonary Disease, asthma, lung cancer, you may be eligible
to file a Fair
Housing Act (FHA) complaint, requiring landlords to
provide you with ‘reasonable accommodation’.
(See “Fair
Housing Act” fact
sheet.)
|
3
Talk it Out
- Consider
friendly ways to talk to the smoker. Offer solutions.
Smokers are not always aware of their impact on neighbors.
-
Phone, write or meet with your landlord/building management.
-
If necessary, make an appointment. Provide documentation
on health and SHS.
-
List how the smoke is affecting you and ask the landlord
for solutions. Offer solutions: like asking the smoker
to smoke outside or reduce smoking.
-
Follow-up with a letter documenting conversations with
the landlord. Thank him/her/them for their time and ask
for notification when something is done.
NYC:
Smoking in common areas (lobbies, stairwells, hallways,
elevators, laundry rooms, etc.) in all residential buildings
with 10 or more units is illegal. Violations should be reported
by calling 311.
4
Explore legal solutions
-
Last
resort: find an attorney who knows tenant law.
-
Tenants are beginning to bring lawsuits regarding secondhand
smoke, and some are winning.5
-
The basis
for a lawsuit could include: nuisance, quiet enjoyment
breach and breach of habitability.
-
Some cases can be filed by disabled persons under the
Fairness in Housing Act.
-
Caution: Law suits are costly, with no guarantee of winning
and the results can be minor, like, ‘you can break
your lease and move without penalty.’
5
Advocate for Smokefree Housing
-
Gather
support from neighbors to urge your landlord/building
management to write a smokefree policy into the lease
(See “Making
Your Building Smokefree”.)
*indicates
a definition or exception |
