Secondhand Smoke Complaints: Renter Rights in New Jersey

Secondhand smoke in apartments and rental homes is a common concern for renters across New Jersey. If you are a tenant affected by smoke drifting from another unit or shared space, it’s important to know your rights and the official steps you can take. This guide explains New Jersey health and safety standards for secondhand smoke, complaint processes, forms, and legal protections.

Understanding Secondhand Smoke Laws in New Jersey Rentals

New Jersey state law does not prohibit smoking in all private rental apartments, but several municipalities, landlords, and building policies do restrict or ban indoor smoking. The New Jersey Landlord-Tenant Law provides tenants with the right to a habitable and safe living environment, which can include protection from excessive secondhand smoke.

Landlords are required to maintain rental units in a condition fit for living, free from dangers to health and safety. If secondhand smoke substantially interferes with your use and enjoyment of your home, there may be grounds for complaint.^[1]

When Is Secondhand Smoke a Violation?

Secondhand smoke could be seen as a violation if:

• The lease or building policy specifically bans smoking.
• The smoke is so severe that it impacts health or makes the unit unlivable.
• The smoke enters your unit from common areas covered by smoking restrictions, as in the New Jersey Smoke-Free Air Act.

Steps to Handle a Secondhand Smoke Complaint

If you are experiencing secondhand smoke in your New Jersey rental, follow these action steps to address the problem.

1. Review Your Lease and Building Policies

• Check if there is a non-smoking clause or specific rules regarding tobacco or cannabis use in or near the property.
• Look for any "nuisance" clauses that address conduct affecting neighbors’ enjoyment of their homes.

2. Document the Problem

• Note dates, times, and locations where smoke is present.
• Take photos or videos if smoke residue is visible.
• Collect medical documentation if the smoke has caused or worsened health conditions.

3. Notify Your Landlord or Property Manager

• Send a written complaint using a formal letter or email.
• Mention the lease provisions, your concerns, and any evidence.

The Notice to Cease (no official number) is a formal letter you can submit to request that your landlord addresses the smoke issue. There is no state-issued template, but you can model one based on sample forms available through your county or municipality. For more information, visit the New Jersey Department of Community Affairs Landlord-Tenant Information.

4. File a Complaint with Local Health or Housing Inspectors

• You may contact your city or county health department to inspect for violations under the Smoke-Free Air Act or local ordinances.
• Use Form PH-03: Nuisance Complaint Form (varies by municipality). Example: In Newark, file through the Department of Health & Community Wellness.
• This form is used when a tenant believes unhealthy conditions are present, such as persistent secondhand smoke, that the landlord must address.

5. Consider Mediation or the Tribunal Process

If informal solutions do not resolve the issue, tenants in New Jersey may file a complaint with the Landlord-Tenant Section of the New Jersey Superior Court, Special Civil Part. This is New Jersey’s official tribunal for residential tenancy disputes.

• File Form DC-Civ-002: Complaint (Tenancy) if seeking legal relief, such as rent abatement or an order for repairs.
• Clearly state your complaint, supporting evidence, and desired outcome.

Always keep copies of all communications and official filings.

Relevant Legislation

• New Jersey Smoke-Free Air Act – covers smoking bans in common areas of residential buildings.
• New Jersey Landlord-Tenant Law (N.J.S.A. 46:8-19 to 46:8-26) – sets standards for habitability and tenant protections.
• Additional protections may be in place through local ordinances.

These statutes protect renters’ rights to a livable and healthy home.^[2]

FAQs: Tenant Rights and Secondhand Smoke in New Jersey

1. Can my landlord ban smoking in my apartment building?
   Yes. Landlords and HOAs can create and enforce non-smoking policies, which become part of your lease if disclosed before signing.
2. What if my lease does not mention smoking?
   You still have the right to a habitable home. Excessive smoke that makes your home unlivable may be a violation of New Jersey habitability laws.
3. Who do I contact if my landlord doesn’t take action?
   Contact your local health department or housing inspector. If the issue continues, you may file a complaint with the New Jersey Special Civil Part, Landlord-Tenant Section.
4. Is there a statewide ban on smoking in all apartment units?
   No. New Jersey bans smoking in common areas of multi-family buildings, but individual units may only be covered by lease or local law.
5. Do I need a lawyer to file a secondhand smoke claim?
   No, but legal advice is helpful for complex cases. Resources are available if you need support in preparing your claim.

Need Help? Resources for Renters

• New Jersey Superior Court: Special Civil Part, Landlord-Tenant Section – Tribunal for tenancy disputes.
• NJ Department of Community Affairs: Landlord-Tenant Information – Guidance on tenant rights and complaints.
• NJ Department of Health: Smoke-Free Air – Information and complaint contacts.
• City and County Health Departments – File a nuisance or housing complaint.

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1. NJ Department of Community Affairs: Landlord-Tenant Information
2. New Jersey Statutes Annotated Title 46:8 (Landlord and Tenant)

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