1. Doris Cajiao
May 14, 2015
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Effective June 1, 2015
Article 13-I Regulation of Smoking in Multiple Dwellings
§ 1399-XX. Purpose
The American Lung Association claims that secondhand smoke involuntarily inhaled by
nonsmokers from other people’s cigarettes is classified by the U.S. Environmental Protection
Agency as a known human carcinogen, responsible for approximately 3,400 lung cancer deaths
and 46,000 heart disease deaths in adult nonsmokers annually in the United States.
Multiple dwellings are apartments in building structures separated by walls and ceilings from
other apartments. Smoke travels through cracks, drafts, holes, and any type of opening. In New
York, it is illegal to sell cigarettes to a person under the age of 18. At the age of 18, the law
permits one to make the decision to smoke, chew, or sniff tobacco, which contain abundant
amounts of nicotine, tar, and poisonous gases such as carbon monoxide, and nitrogen oxide.
Children and the elderly are more susceptible to becoming sick from the inhalation of cigarette
smoke. The purpose of this law is to protect residents in multiple dwellings from health risks
due to exposure to secondhand smoking, which is out of their control.
§ 1399-YY. Smoking Restrictions
1. No person shall smoke in the following indoor areas:
a. A multiple dwelling;
b. Two-family private dwellings.
c. Any public hall or common area in a multiple dwelling.
2. No person shall smoke in the following outside areas:
a. Within fifteen feet of the building entrance of a multiple dwelling or two-family
private dwellings.
b. Within fifteen feet of any ground floor window of a multiple dwelling or two-family
private dwellings.
c. Any common area of a multiple dwelling.

2. Doris Cajiao
May 14, 2015
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§ 1399-ZZ. Definitions
For purposes of this article:
1. “Apartment” is a part of a multiple dwelling consisting of one or more rooms containing
at least one bathroom and arranged to be occupied by the members of a family, which
room or rooms are separated and set apart by walls and ceilings from all other rooms
within a multiple dwelling, not limited to cooperatives, condominiums, town homes,
subsidized apartments, and rent controlled apartments.
2. “Common area” is the residual area of the dwelling that is not considered an apartment
or public hall. “Common areas” may be located inside and outside of a dwelling.
3. “Dwelling” is any building or structure or portion thereof, which is occupied in whole or
in part as the home, residence or sleeping place of one or more human beings.
4. “Enforcement officer” is an officer designated to enforce this article from a village, town,
city, or legislature.
5. “Family” is either a person occupying a dwelling and maintaining a household, with not
more than four boarders, roomers or lodgers, or two or more persons occupying a
dwelling, living together and maintaining a common household, with not more than four
boarders, roomers or lodgers. A “boarder”, “roomer” or “lodger” residing with a family
shall mean a person living within the household who pays a consideration for such
residence and does not occupy such space within the household as an incident of
employment.
6. “Form NS-1” is the form used to file a complaint with the enforcement officer. It
requires information such as the complainant’s name, address, complaint details,
relationship to the accused smoker or apartment in the multiple dwelling where there is
smoking, steps investigating the claim prior to the filing, period of time in which the
smoking has been occurring, and any additional information the complainant may want to
provide in furtherance of the enforcement officer’s investigation of the complaint. This
form is to be filled out by a resident of the same multiple dwelling where the complaint is
being issued unless special circumstances are in place as described in § 1399-BBB.
Enforcement, paragraph 3.
7. “Multiple Dwelling” is a dwelling which is rented, leased, will be occupied, or is
occupied as the residence or home of three or more families living independently of each
other. A “multiple dwelling” shall not include a hospital, monastery, asylum, convent or
a building used solely for commercial purposes.
8. “Public Hall” is a hall, corridor or passageway within a building or structure but outside
of all apartments, providing access to stairways or elevator.
9. “Retaliation” means to seek revenge against another person in bad faith.
10. “Single-family private dwelling” is any building or structure designed and occupied
exclusively for residence purposes by not more than one family.
11. “Smoking” is the burning of a lighted cigar, cigarette, pipe or any other matter or
substance which contains tobacco not limited to e-cigarettes and hookah.
12. “Two-family private dwelling” is any building or structure designed and occupied
exclusively for residence purposes by not more than two families.

3. Doris Cajiao
May 14, 2015
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§ 1399-AAA. Excepted Smoking Restrictions
This article shall not apply to:
1. Single-family private dwellings.
2. For purposes of excepting smoking from multiple dwellings, this article does not include
hospitals, monasteries, asylums, convents and buildings used solely for commercial
purposes.
§ 1399-BBB. Enforcement
1. The owner, manager, operator, or other person having control of any area subject to the
provisions of this article, shall inform and be responsible for informing individuals
smoking in an area in which smoking is not permitted that they are in violation of this
article.
2. The owner, manager, operator, or other person having control of any area subject to the
provisions of this article, shall be responsible to post signs in areas where and
surrounding areas where smoking is not permitted. The signs will contain a drawing of a
building structure with a circle and line over the building structure with the words
“Smoking is NOT permitted in this building” above the drawing.
3. Residents may bring complaints to the attention of the owner, manager, operator, or other
person having control of any area subject to the provisions of this article, in order to try to
mitigate the issue with the smoking party. The owner, manager, operator, or other person
having control of any area subject to the provisions of this article, shall make reasonable
efforts in contacting the smoking party in order to provide the party with an opportunity
to stop smoking in the restricted areas as described in this article. If the smoking party
does not cease the objectionable behavior, the owner, manager, operator, or other person
having control of any area subject to the provisions of this article, is to inform the
resident complainant of the reasonable attempts, at which time, the resident complainant
may register a complaint with the enforcement officer.
4. Complaints may be registered with the enforcement officer designated to you by county,
where the alleged violation took place.
5. Form NS-1 must be filled out by the complainant resident and submitted to the office of
the enforcement officer in order to file a complaint. The owner, manager, operator, or
other person having control of any area subject to the provisions of this article, as the
neutral party, shall not fill out form NS-1, unless special circumstances are deemed to
exist by the enforcement officer, at which time the enforcement officer may use
discretion in allowing the owner, manager, operator, or other person having control to fill
out form NS-1. For purposes of this article, special circumstances may be found to exist
when the owner, manager, operator, or other person having control takes the initiative to
process a complaint. Such complaint shall be approved by the enforcement officer prior
to a formal complaint being issued.

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May 14, 2015
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6. The enforcement officer is responsible to review form NS-1, inspect the premises where
smoking is being alleged, provide the party in violation of this article with notice of the
complaint and investigation, and thereafter proceed with any additional measures deemed
necessary to making a finding.
7. If the enforcement officer determines that a violation of this article has occurred, a civil
penalty shall be imposed, pursuant to section thirteen hundred ninety-nine CCC of this
article.
8. Any party to the complaint in disagreement of the decision of the enforcement officer
may appeal the decision to the designated commissioner of the village, town, city, or
legislature by county.
9. Subsequent to the appeal being determined, the enforcement officer may collect the
penalty imposed immediately. If unpaid within ninety days, legal action to collect shall
be imposed.
§ 1399-CCC. Penalties
The enforcement officer may impose a civil penalty for a violation of this article in the following
US$ amounts:
a. First violation: $500
b. Second violation: $1,000
c. Third violation: $2,000
d. Fourth violation: $3,000
e. Recurring violations: $4,000 per occurrence
§ 1399-DDD. Retaliation
1. No owner, manager, operator, or other person having control of any area subject to the
provisions of this article, shall file a complaint in bad faith to the enforcement officer in
retaliation for any reason with a person renting, leasing, or occupying an apartment in a
multiple dwelling.
2. If the enforcement officer determines that the owner, manager, operator, or other person
having control of any area subject to the provisions of this article, filed an unmerited
complaint in bad faith in form of retaliation, the enforcement officer may use discretion
in punishment, similar to the civil penalties imposed to smoking parties in section thirteen
hundred ninety-nine-CCC of this article.
3. No resident of a multiple dwelling shall file a complaint in bad faith to the enforcement
officer in retaliation for any reason against a neighbor in their multiple dwelling.
4. If the enforcement officer determines that the resident filed an unmerited complaint in
bad faith in form of retaliation, the enforcement officer may use discretion in punishment,
similar to the civil penalties imposed to smoking parties in section thirteen hundred
ninety-nine-CCC of this article.