Legal Question in Landlord & Tenant Law in New York
tobacco smoke and landlord responsibilty
Hi,
For one year i have been sick because of excessive tobacco smoke coming into apartment. I live in a co-op that i own. Recently a representative from building management came to inspect my apartment after i wrote him several letters asking for help regarding the smoke.
I feel terrible and very victimized after letting this man into my home. He treated me badly, and i feel tried to push me around with his tone and what he said. He said that there was nothing he could do, and that if i live between two smokers that is just my problem to deal with. He said that his legal responsiblity was to inspect the apartment for defects, and the responsibiltiy ended there because i own the apartment. He said, that i only lease shares in the building? And that if i am suseptible to smoke, then i should move. I told him that the excessive smoke makes me sick, and he replied ''Ya but to what extent?''
Im sorry to ramble on. I guess what im asking is, is what he said true? I thought someone in this co-op building should have some responsibilty to make sure the air is clean and not full of choking smoke?
I feel terrible over this. I would greatly appreciate any help or advice. Many thanks.
1 Answer from Attorneys
Re: tobacco smoke and landlord responsibilty
You might be able to sue on nuisnace theory. It is not a sure thing but it is possible.
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