- Smoking and use of electronic cigarettes is not permitted in any interior common area of the building. This includes the entire lobby area, hallways, stairwells, laundry room and any other common area not within the walls of an individual unit.
- Smoking and use of electronic cigarettes is prohibited within twenty (20) feet of the perimeter of the building, to prevent second-hand smoke from seeping into the building and affecting the air quality of the lobby, units on the lower floors and exterior common areas such as the building’s entrances.
- Smoking is not permitted on roof decks.
- Smoking is not allowed in apartments that have been sublet.
Smoking Guidelines In Permitted Areas
- Smoking and use of electronic cigarettes is permitted in individual apartments. Shareholders (“Proprietary Lessees”) must take all necessary measures to prevent smoke and odors from emanating from the apartment into common areas of the building or neighboring apartments. Such measures shall include, but are not limited to, installation and use of an air filtration/purification system sufficient to be effective for the size of the apartment, the sealing of duct work, electrical outlets and switches, and the closing of all gaps within the apartment capable of allowing smoke and odors to emanate from the apartment into adjoining areas.
- Proprietary Lessees are responsible for compliance with this policy by any persons in occupancy of the unit, including guests and other visitors.
- Failure to comply with this Smoking Policy by smoking in prohibited areas or allowing second-hand smoke and odors to permeate beyond an apartment is considered “objectionable conduct.” Objectionable conduct is considered a violation of the Proprietary Lease.
- The City is authorized by law to impose fines for non-compliance on both the Co-op corporation and individual Proprietary Lessees. Complaints regarding violations of the policy should be addressed to the Property Manager.
- This policy is part of the House Rules. A copy of this Policy will be displayed in a prominent location, distributed to residents, and must be included in every application for the transfer of shares or the subleasing of an apartment.
The NYC Administrative Code defines smoking as “inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, or any form of lighted object or device which contains tobacco.” The law applies to the use of electronic cigarettes as well.
Lincoln Spencer’s Smoking Policy applies to any smoke or odor-producing burning substances, regardless of the nature or legal classification of the substance. Cigarettes, cigar stubs, pipe tobacco, incense and any other smoke causing substances must be completely extinguished prior to disposal and must be properly disposed of in accordance with fire safety considerations and the Corporation’s policies and House Rules.