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Smoking in Rent Stabilized Apartment

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Smoking in Rent Stabilized Apartment

Postby brooklynstabilized » Fri May 18, 2018 4:51 pm

Hi Guys,

So my Mom stopped smoking MONTHS ago due to being diagnosed with COPD. My landlord sent an email saying that he smells smoke and marijuana smoke, and that we need to stop immediately. I know that he knows my Mom used to smoke, so I'm assuming he still thinks she does. It seems like he's trying to make things up in order to get us out of our apartment. Nobody every smoked Marijuana or even smokes Marijuana so he's just making that up. My question is this... Even though my Mom no longer smokes, Is he allowed to make that rule up even though it's not on our lease? We've been here over 40 years. I know for new tenants he can institute that rule in their lease. And I know in PUBLIC housing it's a law now, but I didn't see that for private housing. Is he legally allowed to tell us this when it's clearly not on our lease? Please advise. Thanks.
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Re: Smoking in Rent Stabilized Apartment

Postby TenantNet » Fri May 18, 2018 5:19 pm

If something like that ever goes to trial, a good tenant attorney could wipe the floor with the LL's claim. The court would want details and proof that it's happening even before they deal with her right to smoke..

Congrats on her quitting. I was a long-term smoker and know how difficult that is. But for RS units, unless the building prohibited the smoking when she moved in and stated in the original lease, then they cannot prohibit smoking within her apartment. So even if she was smoking, that's her right. Of course smoking in the halls and common areas are controlled by the LL and by NYC law.

An email from the LL is not considered a legal notice (but don't tell him that). The lack of a legal notice might be sufficient to get a case kicked out of court.

Yes, he's making things up and that's harassment in my opinion.

Here's some info:
https://www1.nyc.gov/assets/doh/downloa ... dences.pdf

and
https://www.brickunderground.com/rent/w ... ighbor-nyc

You can google around and find more. Also search the forum - this has been discussed many times.
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