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Co-ops and Condos Must Adopt Smoking Policies This August

Real Estate Legality, Real Property

This summer, co-ops and condos will have to adopt formal smoking policies in New York. Local Law 147, also known as Disclosures of Smoking Policies for Class A Multiple Dwellings, will be enforced on August 28, 2018, a year after it was enacted by the New York City Council. The new local law requires rental apartment buildings, co-ops and condos to implement a smoking policy for the building. The law defines a smoking policy as a “written declaration that states in clear and conspicuous fashion where smoking is permitted or prohibited on the premises”.[1]

Who Does the Policy Apply To?

The smoking policy must specifically address where residents and guests may or may not smoke, including all common areas, individual units, courtyards, rooftops, balconies and patios. The policy will be binding on all future tenants and purchasers of co-op and condo units. The board will need to add the policy to their by-laws, proprietary lease or house rules. Additionally, the policy will have to be incorporated into any agreement to rent the unit or purchase the unit or shares.  The local law however does not apply to “any tenant in occupancy of a rent controlled or rent stabilized dwelling unit prior to the adoption of the initial smoking policy … or any family member who succeeds to the rights of such tenant”.[2]

Disclosure Requirements

Once buildings adopt a smoking policy, they must provide copies of the policy to all residents in the building and/or post a notice of the policy in a permanent location in the building. The board will need to redistribute the policy on an annual basis to all residents. If the building makes a material change in the policy, the board will need to provide a written notice to all residents and post the modifications in a prominent location in the building. The board will also need to retain copies of the policy, the annual disclosure and each notification of a material change to provide to the department upon an investigation.

Penalties

Civil penalties will be applied to anyone who violates the new local law. For first time violation, individuals can be fined up to $400. For second violations within a twelve month period, penalties go up to $1,000, and for third or subsequent violations the fines can reach up to $2,000.


[1] Local Law of the City of New York 2017/147. Available at: http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=3028946&GUID=E8E7774B-D4D0-43BB-B7E9-919852FABED8&FullText=1. Accessed on June 29, 2018.

[2] Ib. Section 17-502(5).

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