We have leased a condo in New York City. Another tenant on the same floor refuses to stop smoking and our son has asthma. Is there some kind of governing board that handles a problem like this?

Answer 1

Short Answer: Yes, there is a governing board. Here's how you might work through them to resolve your issue.

Properly, you must work through your landlord to resolve this situation. (Check your lease to confirm this.)

(See the Discussion section, for an example.)

Best practices indicate that with a medical note verifying your son's condition, request that your landlord 'seal' the unit, to prevent intrusive material, and be prepared to invest in whatever 'air cleaner' technology you can purchase that improves the air quality in the unit for your son.

In addition, you can encourage your landlord to bring up the matter with the board so that they can inform the 'smoker' of this complaint.

In today's atmosphere, second-hand tobacco smoke is a nuisance for more than just your son. Potentially the board could require the 'smoker' to 'seal' that unit, too, to contain the second-hand smoke.

Alternatively, you could approach the 'smoker' personally, and work through these details without involving the landlord or the board, but in that case, you could be liable to the landlord for any 'damage' your solution might cause.