Secondhand Smoke Complaints: New York Renters’ Rights Guide

If you’re a renter in New York State and exposed to secondhand smoke from a neighbor, you may wonder how to protect your health and what official steps and rights you have. Secondhand smoke in multi-unit housing is a common health issue for renters—addressed carefully by state and local regulations. Understanding your options can ensure you live in a safer, healthier home while respecting both your rights and those of your neighbors.

New York Health and Safety Standards for Secondhand Smoke

Secondhand smoke exposure in apartments isn’t just unpleasant—it can pose serious health risks. In New York, tenants are protected by state and local laws that require your landlord to provide a habitable (liveable) rental unit. This means the unit must be reasonably free from health hazards, which New York State Real Property Law §235-b calls the “warranty of habitability.” If secondhand smoke threatens your health or safety, this protection may apply.

When Is Secondhand Smoke a Violation?

• If your lease prohibits smoking in units/common areas, any smoke that enters your apartment could violate your lease—and you can ask your landlord to address it.
• If smoke infiltrates because of poor maintenance (cracks, vents), the landlord may be obligated to fix those issues.
• Secondhand smoke that triggers health issues or violates disability accommodations (like asthma) may also be a violation under state or federal law.

For New York City residents, the NYC Smoke-Free Housing Law requires landlords of buildings with three or more units to adopt and disclose a smoking policy, but doesn’t automatically ban smoking.

What Steps Should You Take If Exposed to Secondhand Smoke?

You don’t have to navigate this issue alone. Here’s a practical outline to help you address a secondhand smoke complaint with your landlord and, if needed, with local agencies or housing authorities.

• Document Exposure: Keep a journal of dates and times when you smell smoke and how it affects your health.
• Check Your Lease: Look for clauses about smoking, use of premises, or maintenance standards.
• Politely let your neighbor know about the smoke—sometimes a friendly conversation resolves things quickly.
• Notify your landlord in writing (email or letter), describe the problem, and request repairs or enforcement if your lease bans smoking or requires habitability.
• If ignored, or if you suffer health impacts, you may file a complaint with local health or housing authorities, or seek mediation.

Using Official Forms for Secondhand Smoke Complaints

• HP Proceeding Form (Housing Part of NYC Civil Court)
  Use this if your landlord fails to address your complaint about unsafe conditions (including secondhand smoke) in New York City rentals.
  – HP Proceeding Application (HP Action): This form initiates a case for repairs or habitability issues. For example, if your landlord refuses to fix air leaks causing secondhand smoke to enter your unit, you can use this form to ask the court to order repairs.
• NYC 311 Online Complaint (for NYC residents only)
  – File a Housing Complaint online: Use this for reporting safety violations, including persistent secondhand smoke, especially if it's causing you health issues or violating building smoking policies.

In areas outside NYC, contact your local housing authority or code enforcement office to report violations of health and safety standards.

The Tribunal Handling Residential Tenancies in New York

Residential tenancy disputes—including habitability and secondhand smoke complaints—are generally handled by the New York City Housing Court (in NYC) or local Civil Courts elsewhere in the state. Statewide, the New York State Division of Housing and Community Renewal (DHCR) also oversees rent regulation and tenant complaints.

Your Rights under the Law: Warranty of Habitability

All New York renters are covered by the warranty of habitability (§235-b), requiring your landlord to maintain your home in livable, safe, and healthy condition. If secondhand smoke creates unsafe living conditions, you have the right to request repairs or relief—and even seek a rent reduction if conditions are severe.

What If the Problem Continues?

• If your landlord doesn’t resolve the issue, you can file an “HP Proceeding” in Housing Court or pursue mediation instead of litigation.
• Contact a local attorney or legal aid if you face retaliation or threat of eviction for requesting healthy living conditions.

Most cases resolve through written complaints and fixing building issues. For persistent problems, official legal steps offer further remedies and protection.

Frequently Asked Questions (FAQ)

1. What is the warranty of habitability in New York?
   All renters are protected by this law (NY Real Property Law §235-b). It means your apartment must be safe, healthy, and fit for living—free from dangerous conditions like secondhand smoke.
2. Does my landlord have to ban smoking in the building?
   No; however, if your lease or building policy bans smoking, your landlord must enforce it. In NYC, landlords must disclose their building’s smoking policy to all tenants.
3. How do I document secondhand smoke problems for a complaint?
   Keep a log with dates, times, and effects on your health. Take photos or videos of smoke entry points if possible, and save any communications with neighbors and your landlord.
4. What government agency can I contact if my landlord does not address the smoke issue?
   In NYC, file an HP Proceeding with Housing Court or report through 311. Outside NYC, contact your local code enforcement office or the Division of Housing and Community Renewal (DHCR).
5. Can I get my rent reduced because of secondhand smoke?
   You may be eligible for a rent reduction if the smoke significantly affects your living conditions. You’ll need to go through the court or DHCR to prove this.

Summary: Key Takeaways

• New York law protects renters’ right to a smoke-free, habitable home.
• Document all secondhand smoke issues and communicate with your landlord clearly and in writing.
• Use official complaint forms or Housing Court if your landlord does not take action.

With a clear understanding of your rights and the right documentation, you can take meaningful steps toward healthier apartment living.

Need Help? Resources for Renters

• New York State Division of Housing and Community Renewal (DHCR) – Office of Rent Administration
• New York City Housing Court (for HP Proceedings)
• NYC 311 Online Portal for reporting housing problems in New York City
• DHCR Contact Information – for questions or to file other complaints statewide
• LawHelpNY: Legal resources and tenant support

---

1. New York State Real Property Law §235-b — Warranty of Habitability
2. New York City Housing Court
3. NYC Smoke-Free Housing Law and Policy Disclosure
4. NYC 311 – Housing Complaint Portal
5. Division of Housing and Community Renewal (DHCR) Rent and Complaint Forms

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations