Legal Question in Landlord & Tenant Law in New York

We are 74 and 81 years old and have lived in a high-rise apartment for 34 years.We were permitted to smoke cigarettes in our apartment. This last lease stated that it is now a smoke-free building and we can no longer smoke in our home. (I wish it was that easy to quit.) One line in the lease says "All new tenants agreed to this before they moved in. Since we did not agree to any such thing is there a Grandfather Clause that might help us in this matter?


Asked on 9/20/13, 11:58 pm

1 Answer from Attorneys
kevin connolly Kevin J. Connolly

If your apartment is rent-stabilized, the landlord is in breach of the law. The terms of the old lease must be maintained. Did you sign a new lease with the smoke-free clause? If so, then you'll need legal help. If not, call the DHCR (or have a lawyer do it for you). [email protected]

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Answered on 9/22/13, 1:35 am


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