Advisories

Reminder: August 2018 Deadline for Buildings to Adopt Smoking Policies

As previously reported in this Client Advisory for December 2017, a New York City local law adopted last year provides that all cooperatives and condominiums have until August 28, 2018 to adopt a written policy on smoking and incorporate that policy into the By-Laws or House Rules.  The policy must address whether smoking is permitted in all indoor areas of the building, including common areas and individual apartments or dwelling units, as well as outdoor areas such as courtyards, terraces or balconies, and rooftops.  The policy must apply to residents, guests, and any other persons who may be on the premises.

Cooperative and condominium boards may wish to consult with their legal counsel, if they have not already done so, to develop their written smoking policy.  Once the new policy is adopted, a copy must be distributed to all shareholders or unit owners, or posted in the building.  The policy must also be disclosed and incorporated in the contract of sale or lease whenever a shareholder or unit owner sells or leases a unit.

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