New Bill to Require Building Owners to Disclose Smoking Policies

A new bill was introduced this week that would require owners of New York City residential buildings with three or more units to inform prospective tenants and purchasers whether smoking is allowed inside apartments – as well as on balconies, courtyards and rooftops.

“Smoking kills and people have the right to know if they are going to be exposed to secondhand smoke,” said Mayor Bloomberg, in a statement. “We pursued this proposal in response to complaints from New Yorkers. It won’t ban smoking in residential buildings, only ensure that New Yorkers can choose a smoke-free place to live.”

The new law is similar to other disclosure policies such as a history of bed bugs or lead paint, and would require landlords to provide a disclosure form to tenants and apartment purchasers stating the building’s smoking policy before a lease or sale is finalized. Similar laws have been passed in Maine and Oregon, and several local jurisdictions.

A spokesman for a local real estate company said that the firm is taking a wait-and-see approach to the bill. Bruce Caines of Dermot Realty Management Company—which owns 25 Lafayette, 99 Lafayette, 266 Washington, and several other buildings in Fort Greene—told Patch:

"It's not like they're mandating anything other than letting tenants know the policies regarding smoking inside and outside. This will certainly make us think about what we would like to do [regarding smoking], but I don't foresee us making any immediate changes."

He added that any landlord who decides to ban smoking altogether could have trouble enforcing it.

"There are always challenges for landlords in enforcing things," he said. "When we are asked to do something we need to see how much support we will get [from the city] in terms of enforcing it."