Legal Question in Landlord & Tenant Law in New York

help needed distressing situation

Hello, I live in a co-op apt that i own in staten island new york. I am very ill and upset emotionally. I have been forced to abandon my apartment because of a chronic cigar smoker that lives above me. The smoke was bearable until recently when i contacted the board of health and asked for their help. My neighbor upstairs hinted to others that he planned on being spiteful now to me, and he has done that by increasing the cigar smoke to such a level that it has caused me vomiting, migraines, dizziness. It is to the point that i just ran out of the apartment in confusion, and went to live with my sister, while i frantically look for another place to live which has been distressing. Everyone I contacted for help including the superintendant, building management, board of directors in my buidling, the board of health, told me there was nothing i could do that he has the right to smoke. In additon, i get the sense that the superintendant and building managment have not taken the situation seriously or realized the pain it has caused me. If you would have any advice for me i would really be grateful. Many thanks for your time.


Asked on 4/04/06, 1:35 am

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: help needed distressing situation

This is a very difficult situation to have your sensitive health force you to abandon your home. I understand that you would be happy with the installation of some sort of air filter in his or your apartments to relieve the impact of the smoke that 'escapes' into your apartment.

This is a classic situation of 'nuisance'. This is a case for which the law can offer a remedy, but you must in some way document that the smoke is excessive.

You are welcome to a consultation for no fee. Email is best to set up an appointment.

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Answered on 4/05/06, 9:07 pm


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