• Home
  • /Blog
  • /New Smoking Policy Rule Goes Into Effect Next Year For Class A Residential Properties

New Smoking Policy Rule Goes Into Effect Next Year For Class A Residential Properties

ShareShare on FacebookTweet about this on TwitterShare on LinkedIn
Posted By Kristen Hariton

Starting next year, Class A multifamily properties will have to create and distribute a Smoking Policy for their buildings – see the full text of the law here

What’s a Smoking Policy?

(back to top)

According to the new law, a Smoking Policy means “a written declaration that states in a clear and conspicuous fashion where smoking is permitted or prohibited on the premises of a Class A multiple dwelling.”

What should the Smoking Policy include?

(back to top)

The Policy must address all indoor and outdoor locations of the building, including:

  • common areas
  • dwelling units
  • common courtyards
  • rooftops
  • balconies
  • patios
  • outdoor areas connected to dwelling units

The policy impacts all residents, tenants, owners, lessees and sub-lessees, and invitees of tenants – anyone on the property.

Does this rule impact current smoking laws?

(back to top)

From the rule, “the provisions of this chapter shall not be interpreted or construed to permit smoking, using electronic cigarettes, or using smokeless tobacco where it is prohibited or otherwise restricted by applicable laws, rules, or regulations.”

Basically, the Smoking Policy for a building must comply with established city law – the Policy may not allow smoking in certain areas if current law prohibits smoking in those areas.

How do you communicate the Policy?

(back to top)

Upon adoption, copies of the Policy must be provided to all tenants (including individual owners – see below), or posted at a prominent location in the building. If the owner chooses to distribute the Policy, it must be distributed annually going forward (no dates specified in the law, though agencies may add clarity here).

The Policy must also be included in future lease agreements, purchase or share agreements, and subleases.

Additionally, written notification must be provided in the event of a material change to the Policy. Copies of all Policy documentation, notices, and material changes must be made available to agency inspectors/departments upon request.

How does this affect condos and co-ops?

(back to top)

Condos and co-ops must also abide by this rule, with the board of managers, directors, or governing body standing in for the “building owner.” The word tenant, as used in the law, covers all Class A dwellers, including individual unit owners and tenant-shareholders (as well as anyone occupying an owned unit as a lease or sublease).

The Policy must also be incorporated into building rules and bylaws.

Are individual unit owners liable?

(back to top)

Yes – it will be unlawful for tenant-shareholders, individual unit owners, or tenants who lease or sublease a unit to fail to disclose the Policy.

How will this be enforced?

(back to top)

Per the law, owners who fail to comply with the Policy rules will be liable for a $100 penalty per violation. Failing to have the documentation during inspections/on request will result in fines of $100 per violation, with $50 penalties handed down to individuals smoking/using electronic cigarettes as prohibited by the existing laws.

Separately, steeper penalties of up to $2000 per infraction could be handed down for related infractions tied to designated smoking room regulations or employer policies.

When does this law go into effect?

(back to top)

365 days after it becomes law (signing). The sign date was August 28th, 2017, so this requirement should be in effect before September 2018.

As always, we’ll provide any additional details as released by the DOHMH, HPD, or DOB. Until then, you’ll want to incorporate Policy development into next year’s compliance plan.

Kristen Hariton

Kristen Hariton is the Product Marketing Strategist at SiteCompli. A member of the SiteCompli team since March 2013, Kristen has learned more about compliance and property operations than she ever thought possible. When she's not sharing the latest industry trends, changes, and updates, she's planning her next adventure to Walt Disney World.

Related Articles

Don’t Miss Out on
Critical Compliance Changes!

Stay up to date on real estate news, critical compliance changes, and industry-wide best practices.

Enter your email here and we’ll contact you right away!