NYC Tenants Sue Neighbor For Smoking

chernmax

NOT Politically Correct!!
Actually this is not the first case, I read over a year ago a similar case involving heavy smokers in a town house which shared some common exhaust system and the other owners claimed the smoke was coming into their town house through the exhaust, sued and won!!!

Though only in video format, on CNN's website today.

A couple in Colorado, living in their TOWNHOME (purchased dwelling, not rented) has heard from their Homeowner Association that the tobacco odor from their cigarettes has become objectionable to neighbors. They implanted a rule which requires smoking be done outside the home.

After pursuing the matter though the local Court, the judge ruled in favor of the Association, thus causing this couple to exit their home in order to enjoy a cigarette. By the way, Colorado in now entering into the coldest time of the year.

I was saddened to see this couple acquies to the rule, but I would take a different course myself.

I would continue to smoke in my HOME, and let them try to arrest me (there is no legal ordinance, simply the Associations Rule). When they continue to object, I would then create a NEW odor in the home (something like rotting saurkraut), and start smoking outside. At some point, there would surely be a new complaint regarding the new odor. we would then go back to Court. The Judge would THEN have to decide how many different odors can be prohibited.

If that didn't work, I would petition the Court to require the Association to purchase my TOWNHOME from me, at a price that I shall determine (somewhere around 50% above market value).

It is time to fight back people, whether you smoke or not, these things cannot continue.

I have also heard a rumor that California is considering legislation State-Wide to prohibit smoking in ALL homes.

War is coming to America, and is being brought not by Islam, but by our own prejudices and bias.

We demonstrate that we cannot even tolerate each other, thus Islam hasn't got a chance.
 

Warron

Member
I really see these as issues with the buildings construction. If the building had been built correctly and not cheaply, then there would be no odors traveling from one residence to another. Every apartment or townhouse should have its own vents and be properly insulated from one another and there would be no issue.
 

awpitt

Main Streeter
I really see these as issues with the buildings construction. If the building had been built correctly and not cheaply, then there would be no odors traveling from one residence to another. Every apartment or townhouse should have its own vents and be properly insulated from one another and there would be no issue.
Exactly. You made the most valid point so far in this thread. It's not the smoking neighbors’ who are at fault; it's the builder's fault for not building each unit as a fully separate unit. If I'm living in an apartment or townhouse, I should expect not to have a neighbor’s smoke entering MY home. If it does happen, then there’s an issue the landlord must take care of. If someone is going to purchase a home in a multiunit structure, it is up to them to verify that the unit they’re buying is completely self contained.
 
T

toppick08

Guest
Exactly. You made the most valid point so far in this thread. It's not the smoking neighbors’ who are at fault; it's the builder's fault for not building each unit as a fully separate unit. If I'm living in an apartment or townhouse, I should expect not to have a neighbor’s smoke entering MY home. If it does happen, then there’s an issue the landlord must take care of. If someone is going to purchase a home in a multiunit structure, it is up to them to verify that the unit they’re buying is completely self contained.

Or their noises.....
 

vegmom

Bookseller Lady
I really see these as issues with the buildings construction. If the building had been built correctly and not cheaply, then there would be no odors traveling from one residence to another. Every apartment or townhouse should have its own vents and be properly insulated from one another and there would be no issue.

:yeahthat:

I'd either move or start cooking Indian food on a nightly basis again so the neighbor would get the hint (and a good curry will drown out the smell of anything else in a 1 mile radius).
 
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