In some houses in New York, they practice a “no tobacco smoke” policy. If this is not your case, and a neighbor’s smoke break prevents you from living, you will most likely have to negotiate with your neighbors yourself or ask for help from the landlord.
The Department of Health recommends documenting the facts and cases when tobacco smoke enters your apartment, and after that, contact the homeowner, or directly to the neighbors – in search of a compromise.
Unfortunately, it is practically impossible to solve this problem legally. Precedents were, however, the trials did not end with anything. In the case of Iven v. Macherone, the judge decided in favor of the owner of the condominium, who smoked in his apartment.
Alternatively, you can ask your neighbor to smoke in another room, or you can use smokeless ashtrays. The Health Association also recalls that you are entitled to ask your landlord to seal up the existing cracks and holes in the walls so that the smoke does not enter the apartment. Also, the ventilation systems should be checked carefully.
The city council recently passed a law requiring multifamily apartment owners to ensure that a “no smoke” policy was introduced in all houses by August 2018, so, probably, there will soon come a time when something will change at the legislative level.
Image credit: Angle-weixin