No Smoking in Co-op Building

[foggymountain]

To add to the recent problems about tobacco sales, my building has just notified tenants that it would appreciate it if nobody smoked indoors. This is when I have just completed a 100 pipe collection and am near the end of putting away a 4-5 year tobacco supply. It is very disturbing. It will not take long for them to identify and warn individual smokers, which are few. Then most likely personal letters will go out, followed by court action. This is not just about smoking. There is a certain type of self righteous person who uses rules that exist, and gets new rules made just to be able to tell others what to do. A pox on them!

 

[piperl12]

I say make em take you to court! Until it is deemed illegal how can they tell you what to do in your own home. I'd make em fight for it!

 

[vinvin]

I agree with piperl12! Seriously I don't think they have much of a right to tell you what you can or cannot do (given that what you are doing is still legal) within your own home! A pox on their house and those like them!

 

[photoman13]

If you are renting and it isn't in your lease I don't see how they can force this new rule upon you. If it continues to be a problem and you are heavily invested in the hobby I would just move.

 

[flmason]

Moving can be a real pain especially if you might need to pay a company to pack your items before moving them.
Perhaps the building might have a smokers deposit similar to a pet fee. The landlord might go for something like that. Perhaps a good air purifier could also help.
Most landlords should replace carpet and paint the dwelling upon move out. As long as the air smells ok coming from the A/C that might work.
I hope all can be worked out amicably for you and your family.

 

[johncorosz]

Depending on where you live and the rental laws in that area they can do to you what they did to me. The girl above me complained about smoke and incense. Finally I got a letter stating they would not renew my lease with no reason given. When I pressed the issue they said "it was a decision they were making" and that was the end of it. I called several lawyers who agreed that they have that right. As long as they decide not to renew your lease they are breaking no laws. You can't even sue for discrimination as they do not have to say specifically why you are not being renewed.

 

[foggymountain]

Oh, they will have to fight for it. I am not giving up smoking. I will try not to antagonize the neighbors more than necessary by not smoking too much in rooms next to the other apartments, but I will certainly not stop smoking. As far as moving goes, I have been in this location most of my life and love it here. If someone else doesn't like it, let them move. This was a great building until the place went co-op and the rich people moved in. If we go to court, we go.

 

[piperl12]

Spoken like a true patriot! I'm with you foggymountin they will pry my pipe out of my cold dead hands along with my Smith and Wesson .44

 

[gnatjulio]

If this is a new rule, is it possible that it only applies to new tenants and not current tenants that have been living there for most of his life without such an intrusive rule?

 

[nsfisher]

Hang in there mate and fight for your rights. Don't you dare crumble to the man. We, here in Canada have been given the shaft at every turn, in regards to tobacco use, but I will be double damned if I let someone tell me I cannot smoke in my home.

 

[piperl12]

Gettin dern near time we pick up the musket again I dare say if it comes to that!

 

[gnatjulio]

+1 piperl12....

 

[keith929]

“Bad laws are the worst sort of tyranny.”

-Edmund Burke

 

[dochudson]

I'm guessing an open window and a fan might keep you from being busted.
I say make em take you to court! Until it is deemed illegal how can they tell you what to do in your own home. I'd make em fight for it!
my suggestion is be sure you never move into an area that has an HOA.

 

[ravkesef]

I'm not a lawyer, but the governing principle was established in English law by Prime Minister Pitt who decalred: "The poorest man may in his cottage bid defiance to all the forces of the crown. It may be frail - its roof may shake - the wind may blow through it - the storm may enter - the rain may enter - but the King of England cannot enter."This principle was further brought into american law by one of the framers of the Constitution who said: "Exalt the citizen. As the State is the unit of government he is the unit of the State. Teach him that his home is his castle, and his sovereignty rests beneath his hat."

Basically it means that a person may do as s/he wishes within the confines of his/her home, provided that the act would not be illegal outside it--i.e., building a nuclear device, to invoke an extreme example.

The co-op association may state that smoking in the apartment is illegal because it would be so in the common areas of the building, but then so is walking around naked or having sex for that matter.

In the other words, in the opinion of this non-lawyer, you may have the law on your side, but only your attorney can give you the best advice, and then, you'd most likely have to do to court, and have the court declare the association's rule to be an unconscionable intrusion into your rights as a citizen.

 

[numbersix]

There is a certain type of self righteous person who uses rules that exist, and gets new rules made just to be able to tell others what to do. A pox on them!

Very sorry to hear it Foggy... good luck to you.

 

[jsiddle]

Ya I wouldnt take that crap...

 

[captainprophesy]

Keep fightin the good fight brother! good luck and keep us posted to this frickin lunacy! :x
I swear we are living in a movie... and we are about to get to the part where all the action starts!

 

[cigrmaster]

If the owners of the building have decided to amend their bylaws to make the building non smoking, you will have a tough time in court. If they have not amended them but are just asking people to abide by the new rule then they don't have a leg to stand on. If they are amended then there would have been a vote taken by the owners, and I believe a certain percentage have to vote for things to get ratified. I know co-op buildings all over the city are going non smoking. It is a disgrace and it should not be allowed. I would go out and get high end ozinator and start running it after every smoke and in different rooms. I would stick it facing your front door so that it leaks outside into the hall and people will start getting use to that smell.

 

[foggymountain]

Thanks for the encouragement guys. I don't believe that co-op rules apply to me because I am not an owner. I am a rent controlled tenant left over from when it was a rental bldg. I do not intend to stop smoking in this apt until a judge tells me I have to stop. If I get called to court I will try to get the ACLU to represent me, but they did let me down once before. We will see.