There are more than two hundred fifty toxic chemicals in secondhand smoke. Children and adults are being exposed to secondhand smoke from neighboring apartments. Based on these findings, New York City has enacted a provision to ensure that tenants and/or purchasers of rental, cooperative and condominium units of Class A residential buildings in New York City are informed of where smoking is permitted in these buildings, and that prospective tenants and purchasers are informed before signing a lease or purchasing a unit.

Residential leases and contracts of sale will have to include a rider disclosing a building's policy on smoking, similar to other already enacted policies requiring the disclosure of information regarding history of bed bugs and lead paint.

Even if a smoke-free building policy is adopted, smokers cannot be evicted for being a smoker as long as long as they comply with the smoking policy.

This law requires Landlords to disclose the smoking policy of the building to existing tenants, shareholders and unit owners as well as to prospective tenants, shareholders and unit owners. It also requires that tenants, shareholders and unit owners be promptly notified upon adoption of any material change to the building's smoking policy.

Fines and penalties will be imposed on anyone violating these laws.

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