Is smoking allowed in my apartment building?

  1. Smoking or vaping any substance is prohibited in common indoor areas.
  2. Common indoor areas of residential buildings include:
    • Hallways
    • Stairwells
    • Lobbies
    • Laundry rooms
    • Other work areas of the building used by tenants or by maintenance and building personnel
  3. The law does not prohibit smoking and vaping in apartments or other private residences, except in areas where child day care centers or health care facilities operate and are open or employees are working.

What can I do if smoke enters my apartment because my neighbors smoke in their apartment?
The Smoke Free Air Act does not stop people from smoking inside their apartments. This means the Block Management and NYC Department of Health and Mental Hygiene cannot directly respond to complaints of smoke traveling from one apartment into another.

But you can follow these steps to report the issue:
1. Write down when the smoke enters your apartment, where it comes from and any health
problems it causes (such as coughing or trouble breathing) in a journal or calendar. Include as
much detail as you can.
2. Send this to Info@block.nyc. Describe the problem in detail.
We may be able to provide solutions, such as filling cracks between apartments or checking the ventilation system.
3. If you do to speak with your neighbor, use a friendly approach. Tell them the smoke is entering
your apartment and affecting you or your family’s health. If you need help speaking with your
neighbor, contact the New York Peace Institute at 212-577-1740 or info@nypeace.org.
4. Visit nycsmokefree.org to learn more about how to advocate for smoke-free housing.