Some houses in new York are practicing a policy of “smokefree”. If this is not your case, and the neighbor’s smoke bothers to live, most likely will have to negotiate with neighbors on their own or ask the help of the landlord.
The Department of Health recommends that you document the facts and circumstances, when the smoke gets in your apartment, and after that apply to landlords or directly to the neighbors in search of a compromise.
Unfortunately, legally to solve this problem is almost impossible. Precedents, however, the trial did nothing and did not end. In the case of Iven against Maccarone the judge ruled in favor of the owner of the condominium, who smoked in his apartment.
Alternatively, you can ask your neighbor to smoke in another room or use smokeless ashtray. Association of public health also reminds us that you have the right to ask your landlord to seal the existing cracks and holes in walls to ensure that the smoke does not enter the apartment. Also, you should carefully check the ventilation system.
The city Council recently passed a law requiring owners of apartment buildings to the policy of «no smoke» was introduced in all homes by August 2018, so perhaps soon the time will come when something will change at the legislative level.
