For co-op and condo residents in New York City, dealing with secondhand smoke from neighboring units can be more than just a nuisance, it can affect health, quality of life, and even property values. While residents may have the right to smoke in their own apartments, that right does not extend to creating conditions that interfere with others’ ability to enjoy their homes.

This issue was recently highlighted in a March 29, 2025 New York Times Real Estate column, where a northern Manhattan co-op shareholder shared concerns about persistent marijuana smoke entering their apartment. In response, Debra J. Guzov explained what steps shareholders can take to address the problem, both informally and through their co-op board.

“Even co-ops without smoking restrictions have nuisance clauses prohibiting conditions that interfere with other shareholders’ quiet enjoyment of their homes,” Ms. Guzov noted. She emphasized the board’s responsibility to act when complaints arise and underscored the importance of reviewing proprietary leases and bylaws to understand shareholders’ rights.

“Co-op boards have a responsibility to maintain the building in a way that protects shareholders’ investments, and allowing secondhand smoke to spread unchecked could reflect poorly on the building’s management,” she said. “Taking swift and decisive action is in order.”

Read the column here.