cooking odors--again--please help!

[Joe Cohen]

The situation that I noted in my earlier point has escalated. My upstairs neighbor came down last night and said that if the odors don't stop he is going to sue, complain to the landlord, etc. etc.
Would much appreciate some suggestions, as this situation is starting to becoming really annoying. Yes, my girlfriend's cooking does produce strong odors, but we do vent the kitchen and keep a fan running. It is an old building I am not responsible for that.
Any suggestions re my rights in this would be much much appreciated.

[Phil Cohen]

I'm not well-versed on neighbor issues. But others frequenting this board are, and your situation is not minor. Surprised by the lack of response.

[mjr203]

I'd tell him to take a long walk off a short pier.

[Phil Cohen]

That was my initial, visceral reaction too. But then again, if the fumes are really bad, doesn't the guy upstairs have a right to not smell them? I think the situation may be a bit more complicated than it appears at first blush.

[Chimera]

How strong could cooking smells possibly be??? Sounds like this guy has some sort of hidden agenda, or he's just a bully.

[Phil Cohen]

Yes, he can be a bully--but, at the same time, cooking smells can get pretty bad. I am not sure from the post what kind of smell is at issue here. But he mentioning Polish so, if this is, say, cabbage, that can permeate a building.

If, for the sake of argument, the tenant above is not a bully, but there are really pervasive smells here, and the tenant below is being reasonable and venting his kitchen but it isn't working, what are the rights of both parties? As he says, he is not running a restaurant, but evidently there are cooking fumes produced that are bothersome. It is an interesting question and I don't have an answer. Maybe somebody knows of some specific cases that can guide this tenant.

[Cranky Tenant]

There was an interesting item on the news the other day when Gilles Coffee warehouse, in Brooklyn, was fined for air pollution. One of their neighbors didn't like the smell of coffee.

A number of years ago someone in by building was cooking cabbage several times a week and the small was just awful

I would imagine your enighbor could claim the cooking orders interfere with his right to peaceful enjoyment of his apartment, and or create a nuissance. If your girlfriend is cooking some food your neighbor finds repulsive, having to smell it could be quite irritating.

[Joe Cohen]

I appreciate the replies. No, it is not cabbage--just strong, spicy food. I keep the apt. vented and can barely smell the food.
Is he a bully? A bit of that, but mainly just hypersensitive.
As for the last point raised--isn't cooking food "peaceful enjoyment of the premises" for me? Don't I have a right to do that? This is not like playing loud music.

[Chimera]

Maybe he's just jealous that you aren't sharing your delicious spicey polish food!

[Phil Cohen]

Yes, you do indeed have a right to use your stove, and I would tend to think that if he wanted to really press the issue he wouldn't get very far. It's not as if you are generating noxious smells from chemicals or whatever.

[Cranky Tenant]

I agree with Phil. I doubt a court would want to rule on household cooking because it could generate more cases than they would ever be able to hear.

People do have a right to cook for themselves and their guests in their apartments.