Maybe others can input about similar situations; here is mine- with some questions.
I rent in Westchester through a federal subsidy. I just moved into a new apartment, a fairly large apartment complex, at the beginning of the Summer. A couple of months ago, I wrote the management; both thanking them for the apartment and informing them of a problem.
The problem is that the tenants below mine chain smoke and my apartment is constantly filled with second-hand smoke. Not just a smell, but a constant permeation. I informed them that I just had surgery and was recovering from a serious illness and cannot be subjected to the conditions outlined.
Although I didn't cite these following specific details in the letter; as a non-smoker I constantly have the taste of cigarette smoke in my mouth and my throat, lungs and chest hurt. Even more significantly; I am freaking out over the possibility of acquiring further health problems from this!
I requested some sort of compromise where the downstairs tenants would reserve a small part of the apartment for not smoking/resulting in clean air above in my apartment for that reserved section.
With no response a couple of months later - I spoke with someone from the management office by phone, who informed me that the smoking tenants were contacted.
I informed him that the conditions still persisted. He suggested that I talk to the tenants myself, (something that I stated in the letter that I wanted to avoid).
He said that, if speaking to the tenants didn't solve the problem - for me to simply give the management proper notice and find another place to live.
I requested of the Housing Authority, (who coordinate the lease process and pay part of the rent), information regarding withholding of rent from a landlord. I was told that they cannot withhold their portion of the rent without a court order. I was cautioned that if I withhold my portion of the rent; the landlord may evict me.
Hopefully, someone can give me a bit of insight into this type of situation, as these are my questions...
)) Isn't this a clear violation of the implied Warranty Of Habitability? (It is a detriment to my health).
)) Should the fact that the tenants are enjoying their activity (smoking) have any bearing on the by-product that is being distributed into my environment?
)) What if the tenants, instead, enjoyed playing with a motorized machine that constantly spewed carbon monoxide into my apartment? (Which cigarette smoke actually contains.) How would that (hypothetical situation) be any different?
)) If I, in fact, had to move; should the landlord pay any related costs like a realtor's fee (how I found this place) or moving costs?
I could see how someone reading this might just suggest for me to move out as the simplest solution - but I just went through a lot to find this place and move. Besides, I like the apartment.
And, to clarify, I am just looking for clean air -- not a major legal endeavor.
Any input would be appreciated.