I live in a co-op that went smoke free about 6 months ago. My neighbor who lives below me likes to keep her window open and claims that I am smoking in my apartment and the smoke is drifting into her window. She is leaving harassing notes (unsigned) threatening to call the police and the board of directors and have me evicted. I have received no such complaints from the Board, however, she keeps leaving these harassing notes. I don't want to open a can of worms and call the Board, however, I am feeling increasingly more uncomfortable in the building. I also don't want to open a legal battle, but I just want to be left alone. If she has a legitimate claim it should be made with the Board of the co-op. What is my best course of action?
NYC co-ops are a different animal than most apartments, but in general, they tend to have restrictive covenants, such as going smoke-free. And they should also set out how disputes are to be handled. You may want to try and do the "neighborly" think and either speak to your downstairs neighbor about this, perhaps even invite her into your place so she can smell it's smoke free, but if she continues harassing you (and you can prove it's actually her) you may need to involve the Board. Just be 100% you're not violating the smoke-free provision.
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