Smoking ban in private residences

[dilloduck]

If smokers can vote to ban non-smokers I don't see a problem. ( until thin people start to ban fat people etc etc etc )

 

[signelect]

I live in an apartment complex, middle America type stuff. We have lots of rules, most are ignored or go unenforced. I agree about the grandfather thing but if the rules exist and you buy anyway it is your problem not theirs.

 

[strollingbones]

Well I doubt if whether a neighbor smokes or not will greatly influence someone's decision to buy a million dollar Manhattan condo or not.

Where will the potheads go?

o hell i didnt think about that....you mean they are gonna ban that too....i think its just ciggies lol

 

[Skull Pilot]

No, no one has the right to tell people what they can or can't do in their own homes.

Are you opposed to zoning laws? Do I have the right to open a fish market in my home?

If your property can handle the traffic without impeding the streets and you can meet all the health and safety requirements why not?

I have friends who basically run an auto shop out of their homes but no one can see the cars from the road and since all the work is done inside a garage set back on his land there is no problem with noise so what's the big deal?

 

[manifold]

...I wouldn't be surprised at all to see it applied in single family residential neighborhoods as well, and not just condos and townhouses.

Unless it was part of a Co-op or HOA I would be very surprised. If not, that would require the local government telling you that you cannot engage in a legal activity in your own home and I'd wager that wouldn't pass constitutional muster.

 

[Care4all]

Many New York City smokers may feel like the only place they can legally light up these days is at home--or at least, it used to be.

From the Wall Street Journal:

At least half a dozen Manhattan co-ops are expected to ask shareholders during annual meetings this spring to vote on an all-out smoking ban that would prohibit residents from lighting up in their own homes, real estate attorneys say.

Another dozen co-op or condo buildings are considering such a vote.

The Journal notes that, in New York, it's already illegal to smoke in public areas at any building with more than nine apartments

Last month, the City Council voted to ban smoking in parks, beaches and other public spaces like Times Square..

Condos, Co-Ops To Vote On Smoking Bans

Good idea?

Good idea for future purchasers of properties in those communities.

But not a fair to impose that ban on people who already own their properties, I think.

yep!

 

[Mini 14]

...I wouldn't be surprised at all to see it applied in single family residential neighborhoods as well, and not just condos and townhouses.

Unless it was part of a Co-op or HOA I would be very surprised. If not, that would require the local government telling you that you cannot engage in a legal activity in your own home and I'd wager that wouldn't pass constitutional muster.

Well, I'm envisioning it in the Covenants of subdivisions, again grandfathered-in over time.

Whatever the Covenants are when you purchase would be applicable to your ownership, and you would legally be bound by them, unless amended. You can give "more" rights by amendment, but you cannot take away existing rights without individual acceptance.

 

[Skull Pilot]

Why aren't all the anti smoking people petitioning to make tobacco illegal if it is so harmful and evil?

Rather than skirting the issue with these ridiculous invasive liberty killing propositions put your money where your mouth is and get a real law passed.

But they won't and you know why? They want the fucking tax money that's why.

Well hypocrites, you can't eat your cake and have it too. If you want the tax revenue, you have to put up with people smoking. If you want to ban smoking everywhere then make it illegal and do without the money.

FYI I don't smoke, never have, never will.

 

[dilloduck]

...I wouldn't be surprised at all to see it applied in single family residential neighborhoods as well, and not just condos and townhouses.

Unless it was part of a Co-op or HOA I would be very surprised. If not, that would require the local government telling you that you cannot engage in a legal activity in your own home and I'd wager that wouldn't pass constitutional muster.

I'm not so sure about that. A group of non smokers could certainly gather together and sue because the smell of smoke "bothered" them.
Why aren't nicotine patches provided free for addicts ? We provide methadone for heroin addicts.

 

[Big Fitz]

Many New York City smokers may feel like the only place they can legally light up these days is at home--or at least, it used to be.

From the Wall Street Journal:

At least half a dozen Manhattan co-ops are expected to ask shareholders during annual meetings this spring to vote on an all-out smoking ban that would prohibit residents from lighting up in their own homes, real estate attorneys say.

Another dozen co-op or condo buildings are considering such a vote.

The Journal notes that, in New York, it's already illegal to smoke in public areas at any building with more than nine apartments

Last month, the City Council voted to ban smoking in parks, beaches and other public spaces like Times Square..

Condos, Co-Ops To Vote On Smoking Bans

Good idea?

As a non-smoker who is irritated as hell at smoking, I believe it is up to the property owner to set that rule for his house or condo. That being said, if the condo management wishes to make it a policy of the whole facility, they should be able to do that too. Although it pisses me off to no end to smell cigarette smoke in my apartment from assholes smoking in the hall or from the units next or below me, they have that right.

There should be no law involved.

 

[manifold]

...I wouldn't be surprised at all to see it applied in single family residential neighborhoods as well, and not just condos and townhouses.

Unless it was part of a Co-op or HOA I would be very surprised. If not, that would require the local government telling you that you cannot engage in a legal activity in your own home and I'd wager that wouldn't pass constitutional muster.

I'm not so sure about that. A group of non smokers could certainly gather together and sue because the smell of smoke "bothered" them.
Why aren't nicotine patches provided free for addicts ? We provide methadone for heroin addicts.

Doesn't mean they're gonna win.

On a side note, every time my neighbor does laundry the stench of dryer sheets fills the air and often gives me a headache. That's way worse than the smell of smoke.

And what about barbeque? Can people sue if that smell bothers them?

How about wood burning stoves?

 

[xotoxi]

If i want to hang naked from my chandelier while smoking and eating trans fats and drinking Four Loko that's my business and no one else's

You're description is so vivid that I have a hunch you have already done it.

 

[Mini 14]

The underlying issue here is property rights.

I didn't go to the hearings on my condo issue, but from what my lawyer told me, the Judge ruled that my purchase of the property in the original sale, as well as the fact that I had no mortgage, made it a "slam dunk" in terms of the Condo Association having no basis for action to bind me to a new rule. As I said, it was 5 years ago, and I won, so I haven't given it a lot of thought, but I seem to recall the lawyer implying that had I had a mortgage, or bought the unit through a resale, there might have been open avenues for the Association.

I just see the whole issue of taking away a right (in my case it was services) that was not addressed in the sales contract as problematic and Constitutionally shaky.

Now when I sell, the buyer will be have to agree to be bound by the Associations CURRENT rules, so they effectively get what they were seeking, they just have to wait until I have exhausted my right to use and enjoyment as spelled out in the original contract.

 

[Skull Pilot]

If i want to hang naked from my chandelier while smoking and eating trans fats and drinking Four Loko that's my business and no one else's

You're description is so vivid that I have a hunch you have already done it.

Everything but the smoking and a few things I'll keep to myself.

 

[dilloduck]

Unless it was part of a Co-op or HOA I would be very surprised. If not, that would require the local government telling you that you cannot engage in a legal activity in your own home and I'd wager that wouldn't pass constitutional muster.

I'm not so sure about that. A group of non smokers could certainly gather together and sue because the smell of smoke "bothered" them.
Why aren't nicotine patches provided free for addicts ? We provide methadone for heroin addicts.

Doesn't mean they're gonna win.

On a side note, every time my neighbor does laundry the stench of dryer sheets fills the air and often gives me a headache. That's way worse than the smell of smoke.

And what about barbeque? Can people sue if that smell bothers them?

How about wood burning stoves?

I see it as a case of minorities being told how to behave by the majority. Smokers have been successfully labeled as pariahs yet govts happily take their tax money and spend it on facilities that smokers can't smoke in. Everyone knows that the only reason they keep it legal is because it's profitable for the majority.
I have been asked by my apartment manager to quit smoking or move because a neighbor complained. Before I moved in I made it clear that I was a smoker and was told that it was allowed. I will be moving because someone doesn't like a smell. The noise she makes is apparently of no concern.

 

[Immanuel]

I believe a Co-op has the legal right to make that call, same as a hotel. I also think it would be practically unenforceable, same as a hotel.

On a personal note, I'm not allowed to smoke indoors at my current rented house... I like it. I'll probably be an outdoor only smoker from here on out.

That is, until I'm a non-smoker which I think will happen reeeaaaalll soon... nyuk nyuk nyuk...

As a non-smoker, let me wish you the best of luck on becoming a non-smoker.

Immie

 

[Big Fitz]

Unless it was part of a Co-op or HOA I would be very surprised. If not, that would require the local government telling you that you cannot engage in a legal activity in your own home and I'd wager that wouldn't pass constitutional muster.

I'm not so sure about that. A group of non smokers could certainly gather together and sue because the smell of smoke "bothered" them.
Why aren't nicotine patches provided free for addicts ? We provide methadone for heroin addicts.

Doesn't mean they're gonna win.

On a side note, every time my neighbor does laundry the stench of dryer sheets fills the air and often gives me a headache. That's way worse than the smell of smoke.

And what about barbeque? Can people sue if that smell bothers them?

How about wood burning stoves?

On a side note, every time my neighbor does laundry the stench of dryer sheets fills the air and often gives me a headache. That's way worse than the smell of smoke.

You might want to be careful if this is frequent. I worked for a guy researching a case revolving around dryer sheet surfactants and causing multiple chemical sensitivity. Many chemicals in those used as 'fragrences' are often the same chemicals in industrial settings called hazardous. It comes down to concentrations but acetates, formaldehyde and linalool and other chemicals often don't go away, they build up in the body.

 

[dilloduck]

I'm not so sure about that. A group of non smokers could certainly gather together and sue because the smell of smoke "bothered" them.
Why aren't nicotine patches provided free for addicts ? We provide methadone for heroin addicts.

Doesn't mean they're gonna win.

On a side note, every time my neighbor does laundry the stench of dryer sheets fills the air and often gives me a headache. That's way worse than the smell of smoke.

And what about barbeque? Can people sue if that smell bothers them?

How about wood burning stoves?

On a side note, every time my neighbor does laundry the stench of dryer sheets fills the air and often gives me a headache. That's way worse than the smell of smoke.

You might want to be careful if this is frequent. I worked for a guy researching a case revolving around dryer sheet surfactants and causing multiple chemical sensitivity. Many chemicals in those used as 'fragrences' are often the same chemicals in industrial settings called hazardous. It comes down to concentrations but acetates, formaldehyde and linalool and other chemicals often don't go away, they build up in the body.

How about allergies ? Are you going to be asked to move because the neighbor is allergic to your cat ?

 

[Immanuel]

I am 100% opposed to governmental "anti-smoking" laws such as forbidding a bar from allowing people to smoke inside their place of business. IMHO that choice belongs to the bar owner. In this case, it is the owners of the co-ops and condos that are making that decision and I believe they have that right. However, I would oppose the vote if I lived there and they did not grandfather in the rights of those who live there now.

I am also a non-smoker and I find the smell of cigarette smoke to be disgusting. Funny thing is though, that I like the smell of cigars and pipes. /shrug

Immie

 

[Quantum Windbag]

As long as its done with a vote, yeah its a good idea.

You realize that, if this goes through, condo boards could theoretically tell you not to have sex in your bedroom. Are you really willing to allow your neighbors the power to tell you you cannot do something simply because they take a vote?