The deadline for compliance with the new New York City Local Law is upon us. By August 28th, 2018, New York City building owners with more than three (3) class A dwellings are required to comply with the city’s new smoking notice law.
Last August, Mayor Bill de Blasio signed Local Law 147 into effect which requires most New York City building owners to adopt a smoking policy for their buildings and post that policy in writing in a clear inconspicuous fashion where smoking is permitted or prohibited on the premises.
The Mayor signed the law into effect on August 28th, 2017. At that point building owners had 365 days, a full year, to comply. And that deadline comes up on August 28th, 2018.
The smoking policy should address all interior locations of the dwelling including: common areas, dwelling units, and all outdoor areas of the premises including courtyards, rooftop balconies, patios and any outdoor areas connected to the dwelling units.
If the owner fails to comply with this law, New York City can issue a violation — and that violation can be as high as $2,000 for multiple violations.
The law does not specifically prohibit smoking within an apartment (which can be prohibited in a lease) nor does it broaden the existing laws concerning smoking in the common areas (which is already prohibited in multiple dwellings). Instead, the intent of the law appears to be the notice provision, which requires a building owner to put tenants and perspective tenants on notice of the building’s policies.
Contact me today with any questions or comments.
Jordi Fernandez Law, P.C. is moving. As of June 15, 2018, my new office will be 420 Lexington Avenue, Suite 2920, New York, New York 10170.
Jordi Fernandez Law, P.C.
420 Lexington Avenue, Suite 2920
New York, NY 10170