Legal Question in Landlord & Tenant Law in New York

tobacco smoke and landlord responsibilty

Hi,

For one year i have been sick because of excessive tobacco smoke coming into apartment. I live in a co-op that i own. Recently a representative from building management came to inspect my apartment after i wrote him several letters asking for help regarding the smoke.

I feel terrible and very victimized after letting this man into my home. He treated me badly, and i feel tried to push me around with his tone and what he said. He said that there was nothing he could do, and that if i live between two smokers that is just my problem to deal with. He said that his legal responsiblity was to inspect the apartment for defects, and the responsibiltiy ended there because i own the apartment. He said, that i only lease shares in the building? And that if i am suseptible to smoke, then i should move. I told him that the excessive smoke makes me sick, and he replied ''Ya but to what extent?''

Im sorry to ramble on. I guess what im asking is, is what he said true? I thought someone in this co-op building should have some responsibilty to make sure the air is clean and not full of choking smoke?

I feel terrible over this. I would greatly appreciate any help or advice. Many thanks.


Asked on 7/28/05, 1:50 am

1 Answer from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: tobacco smoke and landlord responsibilty

You might be able to sue on nuisnace theory. It is not a sure thing but it is possible.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

Read more
Answered on 7/28/05, 10:23 am


Related Questions & Answers

More Landlord & Tenants questions and answers in New York