New York, NY In 2017, the NYC Council passed Local Law 147 requiring owners of multiple dwellings in the city to adopt a smoking policy for buildings’ public and private areas on or before August 28, 2018.
The new law defines “owner” to include the owner of record of any rental building, the board of managers of a condominium, or the board of directors of a cooperative. The policy must be in writing, posted in a conspicuous location in the building and be part of any lease, renewal lease or sublease package. In the case of a coop or condo, the policy must be adopted into house rules or bylaws.
“The failure to adopt a smoking policy could result in monetary penalties from the NYC Department of Health,” said Adam Lindenbaum, member, Rosenberg & Estis, P.C.
Policies might cover whether or not residents are allowed to smoke in apartments or on terraces. The law takes into account the rights of existing tenants and those with rent stabilized or rent controlled tenancies.
“Owners or boards in control of multiple dwellings must memorialize such a policy in writing to provide residents with the ability to make an informed decision about the levels of risk of second hand smoke in a particular building,” said Lindenbaum.
The deadline is now approaching, and many owners have not yet taken action to meet requirements.
Rosenberg & Estis, P.C. has been working with owners and managers to draft smoking policies for a variety of different properties.
Founded in 1975, Rosenberg & Estis, P.C. is widely recognized as one of New York City’s pre-eminent real estate law firms. Rosenberg & Estis provides full service representation and advice in every aspect of real estate, from performing due diligence and evaluating financing, to handling joint ventures, acquisitions and leasing, construction and design team agreements, land use and zoning matters, co-op and condo offering plan filings, as well as the litigations and negotiations which sometimes ensue when deal making. Rosenberg & Estis’ wealth of experience in New York real estate makes it the ideal thought partner for owners, developers, not-for-profit corporations, educational institutions, sponsors, equity investors and lenders in both real estate transactions and in all court venues.
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