I live in a co-op in westchester, NY that I own. I have been harassed by one individual neighbor that continually text, calls, and knocks on my door to have me stop smoking in my apartment. I gave them a letter, along with sending it certified to cease and desist, and then the managment attorney sends me a letter stating that I am violating the house rules. However, in the house rules it clearly states that I can smoke within the confines of my co-op. They are stating that the odor is going into the hallways and into other peoples co-ops. However, I have my windows open and a fan going all the time as a courtesy. I also made a police report as the neigbor is now knocking at my door constantly late at night - 11:25pm and continually texts and letters at my door. The Management Lawyer states its a Notice to cure - smoke/unsafe Conditions/odor nuisance. Yet no other neighbors are complaining and there are other people in my building who smoke as well with NO issues. I have lived here over 14 years with not one complaint. What rights do I have?
Dear Mamaroneck Shareholder:
A straight forward answer is that smoker's have little to no right to interfere with the comfort and safety of neighbors. Judges are well-schooled in the proven science of adverse health reaction to second hand smoke exposure. You will need a lawyer to help you deal with this New York State cooperative's may conduct their own in-house tribunal on lease violation charges based on the Pullman doctrine. And a shareholder who is on the losing end of a shareholder vote has almost no way to avoid eviction in a court challenge.
I have forty years experience in the specialty of Housing Law and Tenant's Rights advocacy. The answer I provided to you does not create an attorney and client relation. You are free to check my office contact information at my AVVO profile. The answer offered is in the nature of general information, and should not be considered as tailored legal advice. I offer answers as a service to the community with my firm belief that you should try gain a good outcome for your legal issue and to avoid a bad outcome if you can.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline