On August 28, 2017, the New York City Council enacted Local Law 147 (LL 147), which expressly requires that every residential building in New York establish a written policy stating where in the building smoking is permitted or prohibited, “including common areas and dwelling units, and all outdoor areas of the premises, including common courtyards, rooftops, balconies, and patios, and any outdoor areas connected to dwelling units.” LL 147 further requires that such policy be provided to all tenants or apartment owners and that the policy be publicly displayed in the building. The new law applies to both rental buildings and co-ops and condominiums, and buildings are required to comply with LL 147 within one year of its enactment.

With respect to co-op and condominium buildings, LL 147 specifically requires that apartment owners incorporate the building’s smoking policy into any agreement made by them to rent or sell their apartment, and that boards incorporate the policy into their bylaws or house rules.

How to comply with LL 147:

For boards that already have a smoking policy in place, complying with LL 147 would require nothing more than publicly displaying their smoking policies in their buildings and ensuring that the policy is included in any agreement to lease, sublease or sell an apartment in their building. However, for boards that do not have a smoking policy in place, or that are unsure whether their building contains the requisite policy, it would be wise to consult with your building’s counsel to review your building’s bylaws and other documents to ensure your compliance, and amend those documents accordingly.

Real estate attorney Daniel Levinas and the attorneys at Moulinos & Associates LLC counsel numerous co-op and condominium boards throughout New York, assisting in governance issues, particularly in connection with reviewing and amending bylaws, proprietary leases, and house rules. Should you have any questions regarding your building’s compliance with the city’s local laws, call for a consultation to discuss.

This article was written by Daniel Levinas, an associate of Moulinos & Associates LLC, and is not offered as legal advice.