A reminder to all co-op and condo boards: you have until August 28, 2018 to comply with Local Law 147, which requires owners of multi-family buildings to adopt and post a smoking policy by that date.
The policy must be in writing, must be posted in a conspicuous place in the building, and must be part of any purchase, lease, renewal lease, or sublease package. In co-ops or condos, the policy must be adopted into house rules or bylaws. Depending on your governing documents, you may need a shareholder or unit owner vote to adopt the policy the board decides on. It is important to evaluate your governing documents and know what you need to do to accomplish your goal.
The failure to adopt a smoking policy could result in monetary penalties from the NYC Department of Health. Owners or boards in control of multiple-unit dwellings must memorialize such a policy in writing to provide residents with the ability to make an informed decision about the levels of risk of secondhand smoke in a particular building.
Boards that have not already done so should deliberate and consult their managment and attorney so that they will have a policy in place, distributed, and on display before the August 28 deadline. Some coops and condos may already be in compliance with their existing smoking policies, but it is important to confirm in view of the potential sanctions. The second step is advising shareholders and unit owners to include the smoking policy in any lease, sublease, or apartment purchase contract they enter into.
