Requires owners of multiple dwelling properties to develop, implement and distribute smoking policies

Summary of provisions

Section 1 provides the legislative findings.

Section 2 amends public health law by adding a new section 1399-y, which provides that owners of multiple dwellings are required to develop and implement a written smoking policy that details where and when smoking is permitted or prohibited on the premises, including indoor locations, common areas, outside areas around entrances, doorways and air intake units. The smoking policy must be distributed to current tenants within 30 days of the effective date of this act or after the policy has been amended. The smoking policy must be posted in the common areas of the building, incorporated into leases and condominium bylaws and distributed to current and prospective tenants. A copy of the smoking policy must be provided to all tenants on an annual basis, upon request to any person and made available for inspection by the enforcement officer. Definitions are also included.

Nothing in this section shall authorize an owner to adopt a policy that the owner is not otherwise authorized to adopt. For tenants of rent-controlled or rent-stabilized buildings, the smoking policy will only apply to the extent provided in the existing lease or sublease agreement.

Owners who violate the provisions of this section are subject to a civil penalty. The enforcement officer of this act is defined by subdivision one of section 1399-t of the public health law. The enforcement officer shall issue a warning to an owner who violates the provisions of this section and allow the owner 30 days to comply if it is the first offense. Before the enforcement officer imposes a civil penalty, the owner shall be notified by writing of the reasons, Failure to comply within the timeframe will result in imposition of a civil penalty of not less than five hundred dollars. Any person may register a complaint under this article with the appropriate enforcement officer.

The provisions of this section shall not be construed to restrict local jurisdictions from enacting more stringent laws, rules or regulations.

Section 3 provides the effective date.

Justification

Secondhand smoke is often involuntarily inhaled by nonsmokers. Exposure to secondhand smoke increases a Person's risk of health hazards, such as lung cancer, asthma and. heart disease. The only way to completely protect a nonsmoker is to prevent exposure of secondhand smoke. In buildings with multifamily units, smoke can spread between units through air ducts, floor cracks, wall cracks and elevator shafts.

This bill will create a framework for owners of apartment buildings, cooperative apartment corporations and condominiums to create, implement and distribute a smoking policy for tenants. Building owners are permitted, but are not required, to restrict smoking within their properties. This bill requires that building owners create and distribute a written document that details when and where smoking is or is not permitted, thereby providing information to current and prospective tenants to make informed decisions. This bill will also help reduce the number of conflicts between nonsmokers and smokers and between owner(s) and tenants because the smoking policy will be incorporated into leases and contracts of sale.

Legislative history

A.10498-A of 2012 - referred to codes

Fiscal implications

None to state.

Effective date

This act shall take effect one year after it shall have become a law.