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Another Apartment Second Hand Smoke Q — Brooklynian

Another Apartment Second Hand Smoke Q

mpmav1
mpmav1
edited November -1 in Park Slope
Seeking advice.

We are trying to decide if we want to move out of our apartment at the beginning of August. The biggest factor in making us not want to stay is that the neighbor smokes, and during the winter, when they have their windows up, our unit smells like a chain smoker lives here. My wife is allergic to it, thus making mornings generally miserable. The biggest factor keeping us here is that the landlord, who is really an amazing landlord, just dropped our already low rent by another $150 a month.

I guess my question, after that long rant, is has anyone had any success in fixing the age-old problem of 2nd hand smoke from the neighbors? We purchased a really expensive air purifier, which was some help, but not a ton. I think I can get the landlord to do anything: We have talked to him and he is sympathetic, but basically has no ideas for what he can do to resolve. Basically, they have a right to smoke in their unit. Can we seal off our unit somehow?

Any ideas are appreciated.

Comments

  • meredithb
    meredithb
    Just wondering when you say your wife is allergic to secondhand smoke, does she have an extreme inflammatory response to it?

    If so, I'd say move.

    Otherwise, Febreze.
  • brooklynjack
    brooklynjack
    Yea, you've brought this up before. You really are in a tough spot

    I guess you could cover the entire floor of the apt, including closets, with plastic that was completely sealed then put down wall to wall carpet on top; makes a great noise barrier too.

    Ultimately you are putting your LL in the position of choosing between you and the other tenant. I'm sure that given enough time and money you could prevail but is it worth it?
  • chelsea
    chelsea
    The same companies that do soundproofing can seal up apartments for odors. You can try and google to find one. Good luck. I feel for you. Allergic or not, second hand smoke is not good for anyone.
  • sherrij
    sherrij
    Your landlord could always designate your building a smoke-free building.

    http://www.smokefreehousingny.org/landlords_qa.html

    And see the special note at the bottom here: http://www.smokefreehousingny.org/tenants.html You could potentially get FHA accommodations for your wife's allergy, depending on how severe or if there are other underlying conditions.

    Smoking is a huge hazard - both to the health of the tenants and to the safety of the building. Can't hurt to ask... ?
  • brooklynjack
    brooklynjack
    So, what's going on with this? I found this article which you might find helpful

    http://www.wikihow.com/Stop-Secondhand-Smoke-Coming-Into-Your-Apartment

    will the LL pay to have someone come in a seal the place/ Caulking and foaming weather stripping puting sealers on the electrical outlets etc.
  • mpmav1
    mpmav1
    Both really interesting points... Thanks!

    Re: designating the building smoke free, I'm sure he'd love to. However, the smokers are the rent controlled folks in the building. Their contract allows them to smoke: thus, there is nothing he can do.

    We have not decided what are are going to do yet... still weighing all the options.
  • scarlett
    scarlett
    That bites. Wanna trade with me and my landlord's curry stench?
  • mpmav1
    mpmav1
    Who doesn't love a good curry in the morning?
  • brooklynjack
    brooklynjack
    OK There are a couple of things. Is the LL willing to make this a non smoking building?

    A lot depends on the lease that the rent stabilized tenant has and without seeing the lease there is no way of knowing what can be done. However. In looking over Blumberg form 327 https://www.blumberglegalforms.com/Forms/327.pdf which is a standard Rent Stabilized Lease there appears to be a couple of things.

    In paragraph 20 of this lease the tenant agrees to abide by the rules and that these rules can be changed. Rule 1 is no sounds, smells, or lights that might annoy other tenants.

    This is a common thing to include in the lease and I’d be surprised if wasn’t included


    Paragraph 8 says that the tenant is responsible for repairs if they are caused by his or her act. It is possible that in this case the LL can require the tenant, at his or her expense, to repair the apt so the smoke doesn’t seep out
  • mpmav1
    mpmav1
    Thanks BrooklynJack!! You at least give some standing for a possible argument. That might really be all I need...

    I guess the tenants are scared whenever my landlord calls as they are terrified of loosing their rent control (they pay $335 a month: knowledge acquired from my talkative monthly bug sprayers).

    My thought is maybe my LL would be willing to say to the neighbors that if they don't open the windows and be careful with their smoke in the winter, this may be grounds for removal. Maybe this threat alone would be enough to get them to open their windows.

    I'm also thinking of asking the landlord if he would allow us to leave if the smoke gets really bad again during the winter and he can't fix it.
  • brooklynjack
    brooklynjack
    Mpmav1 wrote:
    I guess the tenants are scared whenever my landlord calls as they are terrified of loosing their rent control
    Are they rent controlled or rent stabilized? Most rent regulated apts are rent stabilized unless these folks have lived there a long time. Buildings built from 47 to 74 are likely stabilized
  • stewart
    stewart
    I may have missed something along the line. Have you spoken to the tenants about it? They may not realize that the smoke travels. And I would think if you mention your wife's allergy they'd at least be sympathetic. Unless you have some reason to believe they'd be aggressively beligerent.
  • bobo
    bobo
    another option is asking the landlord or the tenant to put the air purifier in their apartment
  • mpmav1
    mpmav1
    stewart wrote: I may have missed something along the line. Have you spoken to the tenants about it? They may not realize that the smoke travels. And I would think if you mention your wife's allergy they'd at least be sympathetic. Unless you have some reason to believe they'd be aggressively beligerent.
    No, they are not aggressive. We have tried speaking but there is a serious language barrier. We tried, it really did not come across, got really confusing, and then ended awkwardly. Maybe we could get a letter translated or something.
  • mpmav1
    mpmav1
    BrooklynJack wrote: [quote=Mpmav1]
    I guess the tenants are scared whenever my landlord calls as they are terrified of loosing their rent control
    Are they rent controlled or rent stabilized? Most rent regulated apts are rent stabilized unless these folks have lived there a long time. Buildings built from 47 to 74 are likely stabilized

    Controlled... apparently. This is all second hand knowledge, however. They have lived there for like 25 + years or something.
  • goretex6
    goretex6
    Mpmav1 wrote: [quote=stewart]I may have missed something along the line. Have you spoken to the tenants about it? They may not realize that the smoke travels. And I would think if you mention your wife's allergy they'd at least be sympathetic. Unless you have some reason to believe they'd be aggressively beligerent.
    No, they are not aggressive. We have tried speaking but there is a serious language barrier. We tried, it really did not come across, got really confusing, and then ended awkwardly. Maybe we could get a letter translated or something.

    what language do they speak?
  • mpmav1
    mpmav1
    Flexichick wrote: what language do they speak?
    Spanish.
  • ejc
    ejc
    Mpmav1 wrote: [quote=Flexichick] what language do they speak?
    Spanish.

    Mamacita...go translate! :lol::lol::lol:
  • longtimesloper
    longtimesloper
    Should be easy enough to have someone who speaks Spanish go over there and talk to them for you
  • anastasia beaverhausen
    anastasia beaverhausen
    Flexichick wrote: [quote=Mpmav1][quote=Flexichick] what language do they speak?
    Spanish.

    Mamacita...go translate! :lol::lol::lol:

    Her Spanglish is atrocious!!
  • boogieknight
    boogieknight
    OP, how many units in your building? The $335 a month could just be the landlord never having raised rents to market level to an old-time tenant. That would explain why they'd be scared everytime the landlord calls. A sweetheart deal in a non-controlled apt. can be revoked at the end of their lease (assuming oldtimers would even have one) or with a month's notice.

    If they're rent-controlled, they are there forever. The whole family, after mom and dad grow old and die, their children will be there, and their children's children. And they'd know that, and wouldn't be terrified everytime the landlord called.

    The other part of this story - those people have a right to smoke in their own homes.

    You can:
    1)move,
    2) spend a lot of your own money converting someone else's property into a smoke-proof pad,
    3)convince your landlord to spend a bunch of money converting your apt. into a smokeproof pad,
    4) assuming a non-controlled apt., nicely point out to your landlord that unless the smoking stops, he can either lose your monthly rent (I assume way more that $335 a month, or convince the smokers to knock it off by pointing out to them that he can likely get a non-smoker in their place for at least 3x their rent in about an hour.

    All's fair in love and war.
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