Need to know what should be the grilling and smoking policy in a brownstone with 4 units. I am working on drafting additional riders to specify pet policy, smoking and grill uses.
Can I demand no smoking policy in the whole building or at least in common areas? Can I also forbid grills in less than 10 feet from the building in the two units that share the building?


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  1. oops … misread this and thought it was coops.

    probably because coops have to think about these rules as they apply to the tenant/shareholders.

    landlords can pretty much do what they want, so that it was a landlord asking didn’t occur to me.

  2. It’s your property so I would be surprised if you can’t define terms on those issues other than service animals, which can’t be banned.

    As a person who used to work with dogs, I think a weight limit is silly. It’s either dogs or no dogs, possibly with a number limit. People with small dogs often neglect excising them (they think a small dog need less exercise for some reason, which is false) and the lack of exercise leads to more destructive and noisy behaviors. Dogs of any size can bark excessively or tear up things and I personally think cat urine is far more offensive than anything I dog can do to a property.

    We currently have a dog and when renting never felt that a pet deposit on top of security was a problem, so add that if you’re uncertain. Our last LL actually preferred the dog over children b/c they said children of previous tenants had caused more damage than any dogs ever had (and it was so apparent in our apartment), but you can’t ban children 🙂

  3. If this is a multifamily with unregulated rentals, and you are the owner, you have a lot of leeway and control on riders. You can bar both smoking and grilling entirely, as neither are protected classes. Tenants with service animals are protected, but pet-owning in general is not. You can find pet riders on the web. Here’s an old thread with some rider suggestions (probably more old threads, and more sample riders can be found on the web, too): http://bit.ly/dGn3uY

  4. why set a weight limit for dogs? i’m assuming you’re suggesting an upper weight limit but in my experience, the smaller dogs are the much bigger nuisance. most large dogs that i’ve been around in the city are quite well trained and generally quiet–except the one that lived next door to the son of sam but that’s a whole other story. on the other hand, beagles are known howlers and those little toy things just DON’T! SHUT! UP! when they’re not being carried around the city in those ridiculous handbags.

  5. I’m one of those annoyingly sensitive folks who hates the smell of animals, is really bothered by smoke, is allergic to dogs and cats and feels irritated at the least bit of pet hair, etc., etc. And I really think apartments are almost always kept in better condition with no smoking or pets, making the transition between tenants a million times easier. So, I strictly forbid smoking anywhere in the building or on the property. Had a smoker in an apt once, and damned if the whole building didn’t end up smelling as a result. I’m very sensitive to it, so for all subsequent tenants, I’ve put it in the lease.

    I definitely forbid pets.

    There’s nowhere to grill here, but there are certainly local laws regarding it (no grills on fire escapes or balconies, and something about distance from the building)…

  6. I think if you look up the law, you will find grilling requirmements already.

    If everyone agrees to non-smoking in the building, go for it. I think it is now a plus on resale. Other way is to forbid, but grandfather in current smokers. Though this not a plus for other sales – if you have to smell it from others, you lose the advantage of being in a non-smoking building.

    Pets – you have to go with the owners’ preferences. A cat or two usually bothers no one – as long as they aren’t allowed to wander the halls and shed hair on the stairs to bother the allergic, and as long as the owners clean up such that the stairs don’t smell of cat urine.

    If you don’t want dogs, forbid them. If you do, you can allow them, allow below a certain weight limit (that’s common), or allow at all, or above a certain weight limit, on application/dog interview. Personally, having lived in such a building, I wouldn’t want to get into approving or disapproving specific dogs – either forbid them altogether, allow a certain number per apartment, and/or set a weight limit. Buyers want to know before they get into contract and secure a mortgage anyway – the dog interview comes too late in the process. You can also grandfather in current dogs that don’t fit within the new requirements, or dog owners (who could then replace an out-of-requirements dog with another such dog when one died).