The New York City Council has passed Local Law 147 of 2017 ( click here) requiring the “owner” of all multiple dwellings in the City of New York to adopt a smoking policy for the public and private areas of each building on or before August 28, 2018. The law defines “owner” to include the owner of record of any rental building (one or more units), the board of managers of a condominium or the board of directors of a cooperative. The policy must be in writing, must be posted in a conspicuous place in the building and must be included as part of any lease, renewal lease or sublease package. In the case of a coop or condo, the policy must be adopted into the house rules or bylaws. The law also takes into account the rights of existing tenants and those with rent stabilized or rent controlled tenancies.
The failure to adopt such a policy could result in monetary penalties from the NYC Department of Health.
If you would like to discuss Local Law 147 or have Rosenberg & Estis, P.C. draft a smoking policy for your properties, please do not hesitate to contact us.