Each year, an estimated 28 million multi-unit housing residents are exposed to secondhand smoke
in their home or apartment that came from somewhere else in their building like a nearby apartment. Every person living in multi-unit housing deserves to breathe smoke-free air.
The Problem
No level of secondhand smoke (SHS) exposure is safe. SHS exposure occurs when nonsmokers breathe in smoke exhaled by smokers or from burning tobacco products. It kills more than 400 infants and 41,000 adult nonsmokers* every year. Exposure to SHS among US nonsmokers has declined, but progress has not been the same for everyone. SHS incursions in multi-unit housing (MUH) were greater among women, younger adults, non-Hispanic blacks, Hispanics, and those with lower income.
*Infant deaths due to secondhand smoke-related Sudden Infant Death Syndrome. Deaths among nonsmoking adults due to secondhand smoke-related lung cancer and heart disease.
What is secondhand smoke?
Toxic secondhand smoke is a mixture of the smoke from the burning of any tobacco product and the smoke that is exhaled by a smoker. There is no safe level of exposure to secondhand smoke. Even minimal exposure has been shown to be harmful.
Health Effects of Secondhand Smoke
Secondhand smoke causes numerous health problems in infants and children, including more frequent and severe asthma attacks, respiratory infections, ear infections, and sudden infant death syndrome (SIDS)
Exposure to secondhand smoke has immediate adverse effects on the cardiovascular system and can cause coronary heart disease and stroke.
Nonsmokers who are exposed to secondhand smoke at home or at work increase their risk of developing lung cancer by 20–30%.
“Clean air isn’t a luxury, it’s a basic human right.”
Marijuana Smoke
Smoke is harmful to lung health. Whether from burning wood, tobacco or marijuana, toxins and carcinogens are released from the combustion of materials. Smoke from marijuana combustion has been shown to contain many of the same toxins, irritants and carcinogens as tobacco smoke.
Health Effects of Secondhand Marijuana Smoke (SHMS)
Research shows that smoking marijuana causes chronic bronchitis and marijuana smoke has been shown to injure the cell linings of the large airways, which could explain why smoking marijuana leads to symptoms such as chronic cough, phlegm production, wheeze and acute bronchitis.
Smoking marijuana can harm more than just the lungs and respiratory system—it can also affect the immune system and the body's ability to fight disease, especially for those whose immune systems are already weakened from immunosuppressive drugs or diseases, such as HIV infection.
How does secondhand smoke affect me if I don’t smoke in my home?
Secondhand smoke in multi-unit dwellings cannot be contained. Cleaning the air and ventilating buildings cannot eliminate the health hazards of secondhand smoke. Air movement from one unit to another in multi-unit dwellings is significant. In some case, up to 65% of air is shared between units. Exposure to secondhand smoke is dangerous to all residents' health, especially children and seniors.
Differences in Secondhand Smoke Exposure
Racial and Ethnic Groups:
Cotinine levels have declined in all racial and ethnic groups, but cotinine levels continue to be higher among non-Hispanic Black Americans than non-Hispanic White Americans and Mexican Americans.
Income:
Secondhand smoke exposure is higher among people with low incomes.
The Solution
Interventions are warranted to promote smoke-free building policies in MUH to protect all residents, employees, and visitors from SHS and SHMS exposure. Continued efforts to implement smoke-free building policies in all MUH, along with comprehensive smoke-free laws to eliminate SHS exposure in indoor public areas and workplaces, are critical to protect against this known and preventable health hazard.
What is Smoke-Free Housing?
Smoke-free housing protects the health of all New Yorkers, saves money for landlords and property owners, and is strongly supported by the public. A 100% smoke-free building is one where smoking is prohibited anywhere on the premises (including within individual apartments and common indoor areas) or a building where smoking is restricted to a limited outdoor area.
What are the benefits of smoke-free housing?
Residents can enjoy a healthier home and breathe cleaner, smoke-free air in their apartment and throughout the building.
Owners will reduce property damage and turnover costs. They may also be able to save money on insurance by decreasing the chance of fire.
What laws protect New Yorkers from secondhand smoke in their buildings?
The New York City Smoke Free Air Act (SFAA) prohibits smoking and e-cigarette use in the common areas of residential buildings with three or more units. Common areas include hallways, stairwells, laundry rooms and lobbies. Smoking includes the use of cigarettes, cigars and water pipes (hookah).
Q. What can I do if smoke enters my apartment because my neighbors smoke in common areas?
You may call 311 to report a violation of the SFAA, or visit on.nyc.gov/smokingcomplaint and click on the Building tab, then click on Report smoking at a location covered by the Smoke Free Air Act. To file a complaint by phone or online, you must provide the building address and contact information for the landlord or management company. All information shared with 311 is confidential.
Q. What can I do if smoke enters my apartment because my neighbors smoke in their unit?
The Smoke Free Air Act does not stop people from smoking inside their apartments. This means the New York City Health Department cannot respond to complaints of smoke traveling from one apartment into another.
However, follow these steps to report the issue to your landlord and elected officials:
Write down the details of when the smoke enters your apartment, where it comes from and any health problems the smoke causes (such as coughing or problems breathing). Track this in a journal or calendar. Include as much detail as you can.
Write to your building owner or building manager. Describe the problem in detail and ask for help. You can also suggest solutions, such as filling cracks between apartments or examining the ventilation system. Keep copies of any communications and responses.If you decide to speak with your neighbor, use a friendly approach. Let them know the smoke is entering your apartment and affecting you or your family’s health.
If you need help speaking with your neighbor, contact the New York Peace Institute at
212-577-1740 or info@nypeace.org.
If these steps do not solve the problem, keep writing to your building owner or building manager.
Visit NYCSmokeFree.org to learn more about how to advocate for smoke-free housing.
Q. What if the building owner or manager refuses to help?
Consider talking with a lawyer about your legal rights. For more legal information, visit these websites:
nycourts.gov/courts/nyc/housing
housingcourtanswers.org/answers/for-tenants
publichealthlawcenter.org/topics/tobacco-control/smoke-free-tobacco-free-places/housing
Smoke-Free Multiunit Housing
Quitting is
Better Together
You don’t have to wait for the government to act. Even if you smoke, You can decide to make your home smoke-free. This is the safest thing to do for your children, other family members, pets, and guests.
SCT Smoke Free
DISCLAIMER: SCT Smoke Free will not provide legal advice over the internet, over the phone, or in person. The information on the website is not legal advice but curated information from various New York government agencies and organizations. Finally, the information contained on this website is not guaranteed to be up to date. Therefore, please seek the advice of competent legal counsel licensed in New York.