Smoke-Free Air Act: Tenant/Landlord Factsheet - NYC Health

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Smoke-Free Air Act: Tenant/Landlord Fact Sheet

Smoking or vaping any substance is prohibited in common indoor areas of buildings with three or more residential units.

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

In all common indoor areas of the building, building owners must display either:

Separate “No smoking" and "No electronic cigarette use" signs.

A single sign that says “No smoking or electronic cigarette use".

Owners of residential buildings are responsible for all violations reported concerning the Smoke Free Air Act and may incur penalties if they fail to comply with the law.

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.

Owners of residential buildings with three or more units are required to create a policy on smoking and share it with current and future tenants. Building owners may adopt a smoke-free policy, including within apartments, but they are responsible for compliance.

Disclosure of Policies on Smoking in Residential Buildings: What You Need to Know (PDF)

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Sample Policy on Smoking (PDF)

Other Languages:
Español |
Русский |
繁體中文 |
简体中文 |
Kreyòl ayisyen |
한국어 |
বাংলা |
Italiano |
العربية |
Français |
ײִדיש |
اردو

You can report a violation of the Smoke-Free Air Act online or by calling 311.

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