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I think the sidewalk is public domain, no?
How can a coop dictate a shareholder can only smoke 25 feet from a building entrance>?
Seems like a stretch.
Signage is usually placed on the building facade by the entrances; I believe it could be Local Law 127. Hope this helps
I belive such a rule appieles to public housing also and a coop cannot dictate or enforce such a rule.
The co-op or condo could also make the claim that smoking within a certain distance from the building's exterior creates an environment that is detrimental to the health of the building's residents.
Courts have upheld House Rules that prohibit smoking anywhere within a building, including residential units because of the effect of second-hand smoke. The same argument could probably be made that smoking too close to the exterior of a building affects the health of the residents from smoke that is drawn into apartments and building-wide air circulating equipment.
No -
Private coops do not have control of the public areas outside the perimeter of the building in regards to people smoking.
(As much as some board members might like to.)
Apparently they can.
Starting August 28, 2018, all residential buildings with three or more units in New York City will be required to adopt a written smoking policy. This applies to rentals, co-ops, and condos.
The new ordinance, called Local Law 147, does not require buildings to ban smoking outright. On the contrary
Read things carefully. This would be over reaching for a private cooperative.
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I believe this applies to public housing only and not private cooperatives:
Although not covered by the HUD rule, condo and coop boards may adopt house rules and/or policies within their governing documents prohibiting smoking outside of the building in common areas such as garden areas, patios, roof decks, and terraces. While a board can request and encourage that people do not smoke around the perimeter of the building, they generally do not have the legal authority to enforce building policies on public property.
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