New York Smoking Rules for Renters: Laws & Landlord Disclosures

If you’re moving into a rental unit in New York, it's important to understand how smoking is regulated in your building. State and local laws set rules about where smoking is allowed — and landlords must often disclose their property’s smoking policy in writing. Knowing your rights can help avoid disputes and protect your health and home.

Understanding Rental Smoking Policies in New York

Landlords in New York have the right to ban smoking in rental buildings, including inside individual apartments and shared areas like hallways or courtyards. The law also requires landlords to clearly communicate their smoking policies. Here’s what you should know as a renter:

• Disclosure Required: In New York City, building owners of residential properties with three or more units must adopt a formal smoking policy and provide written disclosures to current and prospective tenants¹.
• What’s Included: The policy must state where smoking is allowed or prohibited. This applies to cigarettes, electronic cigarettes (vaping), cigars, and similar products.
• Lease Agreements: Landlords may include a non-smoking clause as part of your lease. Make sure you read and understand this section before signing.
• Enforcement: If a building is designated smoke-free, violations by tenants may lead to lease penalties or even eviction if the lease is breached².

Local ordinances, especially in New York City, may set stricter requirements than statewide law. Always check your building’s written rules and city regulations.

What Landlords Must Disclose

According to the New York City Smoke-Free Air Act, all multi-unit residential building owners must:

• Adopt a written smoking policy for all rental units and common areas
• Share this policy with new tenants before lease signing
• Annually share any policy changes with current residents

Outside NYC, while state law does not require formal written disclosure, most leases will mention if smoking is or is not allowed. If you’re unsure, ask your landlord for the policy in writing for your records.

Legal Protections for Renters

While landlords can set their own smoking rules, renters are protected against unclear or unfair enforcement. If you did not receive a smoking policy and are affected by secondhand smoke, you may have grounds to file a complaint or seek resolution.

Relevant Official Forms and How to Use Them

• Sample Lease Addendum — Smoking Policy (NYC): While not a state-issued form, the NYC Department of Health provides sample language for smoke-free policies that landlords may use. Ask your landlord for any addendum before signing your lease.
• Tenant Complaint About Building Conditions: In NYC, if you’re exposed to secondhand smoke against policy, file a complaint with the NYC Housing Preservation & Development (HPD) or dial 311. Outside NYC, contact your local health department or housing authority.

Example: If your lease says smoking is not allowed, but you notice neighbors regularly smoking in common areas, you can submit a complaint through 311 or with your building’s management, referencing the no-smoking policy included in your lease or annual disclosure.

Tribunals Handling Rental Disputes

In New York, the main body for residential tenancy disputes is the New York City Housing Court (for NYC) or your local County Housing Court. They handle issues like lease enforcement and tenant-landlord disagreements.

What Laws Apply?

The relevant laws include:

• New York State Real Property Law (RPL) § 235 — tenant and landlord rights
• New York City Health Code, Article 175 — Smoke-Free Air Act requirements

Check your city or county for any extra local rules or stricter provisions, especially in New York City.

Action Steps if You Have a Smoking-Related Issue

• Request a copy of your building’s smoking policy from your landlord, if not provided.
• Review your lease agreement to see what it says about smoking.
• If rules are unclear or not followed, contact your landlord in writing to clarify or address the issue.
• File a formal complaint with your local health department or housing authority if violations persist.

Frequently Asked Questions

1. Can my landlord ban all smoking in my apartment?
   Yes, your landlord can prohibit smoking inside your unit if this is stated in your lease or building policy. Make sure you get the policy in writing.
2. What if secondhand smoke from other units affects me?
   If your building’s policy bans smoking and you’re impacted by neighbor smoke, report it to your landlord or building owner. If unresolved, file a complaint with your local housing authority (NYC tenants can use 311).
3. Do landlords have to tell new tenants if smoking is allowed?
   In NYC, landlords must disclose their building’s smoking policy in writing to new tenants and post it for current residents. Outside NYC, this should be in your lease, but disclosure is not always required by state law.
4. Where can I find the official smoking policy for my building?
   Ask your landlord or property manager for the written policy. In NYC, it should also be in common areas or given with your lease documents.
5. What laws protect New York renters on smoking issues?
   Laws like RPL § 235 and the NYC Health Code Smoke-Free Air Act offer protections and set disclosure requirements.

Summary and Key Takeaways

• New York law allows landlords to set and enforce smoking policies, but written disclosure is required in NYC.
• Always check your lease for smoking rules before moving in. Ask for written policies if they aren't provided.
• If you experience violations or confusion, contact your landlord first and keep records, then escalate to your local housing authority if needed.

Need Help? Resources for Renters

• NYC 311 Smoking Complaint and Housing Resource
• New York Courts: Help for Tenants & Landlords
• NYC Department of Housing Preservation & Development: Tenant Rights
• New York State Real Property Law (Tenant & Landlord Rights and Responsibilities)

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1. NYC Smoke-Free Air Act FAQ for Owners (NYC Department of Health)
2. New York State Real Property Law § 235

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