Smoking policy disclosure SIGN- NYC (Code § 17-506.1.)
NYC Residential Building smoking policy disclosure
In August 2017, New York City passed Local Law 147, which requires residential buildings with three or more residential units to create a policy on smoking and to share or disclose it with current and future tenants.
On August 28, 2017, New York City Mayor Bill De Blasio signed Local Law 147,1 which goes into effect on August 28, 2018. Local Law 147 amends the Administrative Code of the City of New York (“NYC Administrative Code”) to require that all class A multiple dwellings—i.e., buildings with three or more residential dwelling units—adopt a written smoking policy for the building that is disclosed to all residents and incorporated into all leases, purchase agreements, and building governing documents. Local Law 147 does not dictate the contents of a building’s smoking policy.
NYC Administrative Code § 17-506.1- CLICK HERE TO BUY NOW
LOCAL LAW 147
Pursuant to Local Law 147, the owner(s) of each building in New York City with three or more residential dwelling units must establish a written smoking policy for the building no later than August 28, 2018. In the context of condominiums or cooperatives, Local Law 147 defines “owner” as the board of managers or board of directors, respectively. NYC Administrative Code § 17-506.1.
The building’s smoking policy must address all indoor locations of the premises, including common areas and dwelling units, as well as all outdoor areas of the premises, including common courtyards, rooftops, balconies and patios and any outdoor areas connected to the dwelling units. The building’s smoking policy must apply to all its tenants,3 shareholders, and/or unit owners and their invitees as well as other persons on the premises. NYC Administrative Code § 17-506.1(a)(2).
A copy of the building’s smoking policy must be posted in a prominent location and/or provided to all tenants, shareholders, and/or unit owners. The building’s smoking policy also must be incorporated into any agreement to rent or purchase a dwelling unit, including a dwelling unit in a condominium or shares in a cooperative. Finally, the building’s smoking policy must be incorporated into the bylaws or rules of the condominium or cooperative. NYC Administrative Code §§ 17-506.1(b)(2)-(5).
Failure by owners to adopt and disclose the building’s smoking policy could result in civil penalties assessed by one of several New York City agencies. In addition, failure of any tenant-shareholder, condominium unit owner, or tenant who rents or leases a dwelling unit to another person to disclose the building’s smoking policy could result in civil penalties. NYC Administrative Code § 17-508(e).