How to Keep Smoke from Another Unit Out of my Apt.
Yes, this is another post complaining about cigarette smoke from a neighbor. I’ve read previous posts on this topic and, as this is obviously a touchy issue, I would like to try a different approach, if possible. I purchased a co-op that I (mostly) love in Park Slope a year ago. The building was built…
Yes, this is another post complaining about cigarette smoke from a neighbor. I’ve read previous posts on this topic and, as this is obviously a touchy issue, I would like to try a different approach, if possible.
I purchased a co-op that I (mostly) love in Park Slope a year ago. The building was built in 1920 and I am on the top floor. During the months before closing, one of the residents in the unit below mine was not around. Shortly after moving in, he returned and I learned for the first time that there was a chain smoker in the building and there is a significant amount of shared air between our units.
The extremity and the frequency of the cigarette (and, occasionally less legal substances) smoke is beyond anything I could have imagined possible. Several times daily, it is as though there is someone smoking in the room with me. Mornings, my place smells like an ashtray. Sometimes I can smell the tobacco on my clothes even when I am outside of my apartment.
I informed the president of the co-op who instructed me to take it up with the tenants, which I have done now many, many times. They are always very nice. Sometimes, the problem seems to get better for a short period (although it has never gone away). It always returns as bad as ever, prompting me to have yet another conversation that sometimes is somewhat effective, sometimes not.
To try and fix the issue, I put in two additional layers of flooring. I sealed all the corners with expanding foam and/or caulk. I plugged the outlets. I even spent over $1100 on an air purifier specifically designed to address cigarette smoke. Needless to say, this continues to be a problem or I wouldn’t be writing here.
To complicate this issue, I have also been getting severe headaches on a regular basis (3-4 a month, each lasting for a day or two). I cannot conclusively tie the headaches to the smoke, as I used to get about one of these headaches once every two or three years. Suddenly the headaches are a regular occurrence. A nurse told me that cigarette smoke can be a trigger for cluster headaches.
I have spent many days in the bedroom to avoid the smoke in the living room and nights on the couch in the living room to avoid smoke in the bedroom. Twice, in desperation, I moved my mattress to the kitchen and slept there to get away from the smoke.
Unfortunately, selling is not an option for me because of the state of the housing market and the building flip tax. Not to mention all the money I have already invested in this unit.
Just writing this down here, the situation feels over-the-top, and at times it is. But nothing has been exaggerated or distorted. I would love any suggestions about regarding my options. What do the people on Brownstoner suggest? Is there something I have overlooked?
OP –
Please ignore the nonsense from the defensive smoker posters. You’ve already made reasonable attempts to deal with it directly with the smoker tenant. Your next step is to go after the board re: § 235-b – warranty of habitability.
“To comply with its duties under § 235-b, a co-op board must make reasonable efforts to eliminate or alleviate the hazardous condition, such as taking steps to prevent the neighbors from smoking in the hallway and elevators, taking preventive care to properly ventilate the neighbor’s unit so that the secondhand smoke does not seep into the tenant’s apartment and sealing cracks in smoking units. Some co-ops even banned smokers from buying into the building. If these remedial measures are ineffective, the co-op board may be within its rights to declare the smoking tenant in default.
“If a co-op board fails to take these or similar measures, a tenant may ask a court to order the board to take steps to remedy the problem or to award a maintenance abatement, and the tenant may be entitled to legal fees.
http://cooperator.com/articles/1724/1/QampA-Secondhand-Smoke/Page1.html
What exactly is the reading comprehension problem everyone seems to be having???
DeLepp — OP’s apartment IS in a pre-war building! You recommend speaking to the smoker — again, can you read? OP has, many times. Why would the coop get involved? Coop board members have a fiduciary responsibility to the corporation which certainly includes protecting the value of the corporation’s assets. A building that smells strongly of cigarettes is a building that no one will want to buy into. As I stated above, there are certainly already rules in place in the coop’s governing documents that would be applicable in this situation, and the board is legally obligated to enforce them.
south brooklyn, apt is saleabe to a smoker.
“dh — OP cannot “man up or move out” as explained. Under the current circumstances, as described, this apartment isn’t even saleable. Wonder if the seller specifically timed selling the place while the chain smoker was out of town, or only showed it when smoker was at work or something?”
yeah – i wasn’t referring to the OP – i feel for them. i realize smoke smell for non-smokers is highly offensive.
i’d try to talk to the guy, i feel most smokers have the same attitude as me, and don’t wanna bother anyone. is it possible he doesn’t know he’s making everyone uncomfortable?
Why would a coop care if someone smokes? Why would they get involved when they probably have much bigger issues(as a treasurer of one I’ve got a list as long as sorrow).
Act like an adult and speak to smoker, get board/shareholders to make smoking illegal per house rules(unlikely see above)or move to pre-war where you can open the GD window.
dh — OP cannot “man up or move out” as explained. Under the current circumstances, as described, this apartment isn’t even saleable. Wonder if the seller specifically timed selling the place while the chain smoker was out of town, or only showed it when smoker was at work or something?
quote:
Most RS tenants do have a sense of entitlement!
uh… and the denizens of new condos and musty old co-ops don’t? please..
*rob*
“Its true, the city is full of smokers, dog-poopers, aggressive car drivers, holier-than-thou-cyclists, geese-gassers and other undesireables. What ya gonna do.”
man up or move out
“Smoking is a choice not an entitlement”
This is why I asked if smoker is a hold-over tenant (RS) and not an owner. Most RS tenants do have a sense of entitlement! OP uses the word tenant to describe so there is confusion as to what type of resident he is. IMO that makes a huge difference in how to handle situation.