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Re: you can smoke if it is an apartment

Posted by Anna on July 21, 1999 at 21:39:48:

In Reply to: Re: Probably not posted by Jimbo on July 21, 1999 at 20:56:05:

: >> It is infact more like a "Rooming House", each peson pays seperate rent for thier bedroom & we share common space; kitchen, living room etc. I say that I believe it is zoned as Multiple Family because the LL got in trouble earlier this year for not having a kitchen on each floor, & for renting rooms in the attic. Before there were no kitchens in this house at all.
: >> A sour tenant was asked to leave & refused, LL tried to evict him for non-payment; same tenant reported LL to authorities for violating Zoning Laws. LL was forced to install a kitchen on each floor & relocate tenants that were living in the attic.
: >> Seperate radiators in each room, no exchange of air between rooms. Today I Installed a Window Fan & Set It on Exhaust - Blowing Out.
: >> There is no lease or prime tenant, I pay cash & get a reciept, I have every reciept since I moved in 6-1/2 years ago.
: >>>>>>>>>> As far as I can tell, all they can do is ask me to smoke outside & if I refuse they can ask me to leave. If I don't leave can the evict me & on what grounds ? As long as I keep paying my rent on time what could they do ? What if they refuse to accept my rent ? -- Jimbo Haven't spoken to LL or tenants yet, I am hoping the exhaust fan set on high will do the trick <--

The exhaust fan sounds good: until November...

OK: now it sounds MORE like 2 or 3 apartments in one house, and there is no law against smoking (tobacco) in your own apartment, as far as I know. However, there is a law against smoking in the 'public areas', like the hallways outside of the apartments. Seperate apartments would have a locked door on each floor so that only the residents of that floor have access to that floor's kitchen? (and living room, if any?)

Your landlord does not need any reason at all to ask you to leave; he only has to give you thirty-days notice & sue for eviction in court. It would be the same if you had a lease, but he would have to wait until 30 days before the lease expires. This is true for all tenants who are not rent-stabilized or rent-controlled. Suggestion: get the facts at the Dept of Buildings (it sounds like he was required to install those kitchens to be granted a Certificate of Occupancy for converting the house from sigle-family to Multiple Dwelling)

Seperate leases?: This is something I've read about on this message board, but don't understand: a landlord gives seperate leases (written or oral) to each of two or more roommates in one apartment. Before this, I thought that the rule was: ONE lease for each apartment... but I've not seen any legal reference to this subject one way or the other: anyone out there know the answer?

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