What NYC Property Management Companies Should Know About NYC's Smoking Policy On Residential Buildings

On August 28, 2018, the City of New York has placed as the deadline for all owners of all Class A multiple dwellings, including all cooperative corporations and condominiums to adopt a “smoking policy.  Local Law 147/2017 requires all buildings with 3 or more units to adopt a written policy with regarding to smoking on the premises.  What should be taken into account is that that smoking in the common areas of residential buildings such as lobbies and hallways has already been prohibited.  Also of note, this is not a smoking ban but a policy of smoking in residential units.  Property management companies in New York City should advise their boards in either condos and co-ops and owner of rental units of the upcoming Local law enactment.  They should also start preparing for the implementation in written form.

For condominium and co-operatives, it is implied that the board of managers (condos) or board of directors (co-ops) should adopt a written smoking policy and incorporate it into their by-laws as they would be considered owners. The law provides that “in a condominium, the board of managers shall incorporate the building’s smoking policy into the condominium by-laws or rules” and “in a cooperative apartment corporation, the board of directors shall incorporate the building’s smoking policy into the by-laws or rules of the cooperative apartment corporation.”  This issue that will become central is how will the boards have the ability to amend by-laws without unit owner or shareholder approval.  Amending the proprietary lease in co-ops will also be difficult and most of the time requires a super-majority of owners to do so.  How these boards resolve this issue is one that will be further analyzed as their policies get scrutinized by the City.

So now let's look at how the notice requirement can be met on this rule:
For purposes on residential buildings that are strictly rental the rules are the same without having board approval first which is necessary for condos and coops.  Once a board adopts a policy for smoking, it must be disclosed by “owner” to all “tenants”.  Tenants includes subtenants as well.  The smoking policy must either be provided to each tenant or posted in a prominent location.  A copy of the smoking policy must be provided to all tenants on an annual basis. The annual distribution can be given either by providing a copy to each tenant or by posting the notice in a conspicuous place.

For new tenants or resident the law provides that the condominium unit owner and cooperative tenant-shareholder incorporate the smoking policy into “any agreement to rent or purchase the dwelling unit or shares in the cooperative apartment corporation”.  Therefore it should be incorporated into all new leases going forward.
The penalties for not complying with Local Law 147 can be costly.  Specifically initial penalties will be between $200 and $400 for a first violation.  Second violations will be between $500 and $1,000 in a period of twelve months and between $1,000 and $2,000 for a third and subsequent violations in a period of twelve months.

With right amount of planning complying with new smoking policy in New York City should not be difficult.  For more information on Managing Smoke Free Rental you can click here.

Blue Harbour Property Management is a full service NYC property management company servicing the boroughs of Queens, Brooklyn, Manhattan and the Bronx.  Whether it be a 1 bedroom condo or multi-family building we are able to assist our clients maximize their investments.