Prospect Heighters Weigh In on Mayor's Call For Residential Smoking Policies

A new bill was introduced this week that would require owners of New York City residential buildings with three or more units to create a smoking policy for their buildings and inform prospective tenants and purchasers whether smoking is allowed inside apartments—as well as on balconies, courtyards and rooftops.

“Smoking kills and people have the right to know if they are going to be exposed to secondhand smoke,” said Mayor Bloomberg, in a statement. “We pursued this proposal in response to complaints from New Yorkers. It won’t ban smoking in residential buildings, only ensure that New Yorkers can choose a smoke-free place to live.”

The new law is similar to other disclosure policies such as a history of bed bugs or lead paint, and would require landlords to provide a disclosure form to tenants and apartment purchasers stating the building’s smoking policy before a lease or sale is finalized. Similar laws have been passed in Maine and Oregon, and several local jurisdictions.

The law would not be a ban on residential smoking, but rather a way for prospective tenants to know whether smoking is permitted or not.

Area residents were mixed on the proposal, with some wondering how the law would work in practice.

"What will happen to people already living in the building? Will people be grandfathered in?" asked Bergen Street resident Megan Pachal.

Marvin Tyson, a retired engineer who lives on Vanderbilt Avenue, said he didn't think landlords should have the right to ban tenants from smoking in their own apartments.

"I don't smoke inside of my home," he said. "But I feel that people have their own rights to make their own decision."

But Pat Vignona, a 29-year-old doctor who lives on Prospect Place, said that since he's a non-smoker, he would like the opportunity to know what a building's smoking policy is before moving in.

"I like like it," he said. "We're not smokers so we'd prefer not to have smokers in our building."