Tenant Claims He Moved Out Due to Secondhand Smoke

Landlord condominium owner sued tenants for five months' rent that came due after tenants moved out in August 2001. Tenants had broken their lease, but claimed a breach of warranty of habitability and constructive eviction due to secondhand smoke coming from a neighbor's apartment. Landlord asked the court to dismiss tenants' claim without a trial, saying he had no control over the neighbor tenant. The court ruled against landlord. The court said that landlord is responsible for providing tenants with an apartment that's safe from dangerous conditions, including secondhand smoke. A trial was needed to determine the facts. Tenants claimed that the new neighbor smoked in the hallways and his apartment constantly. Despite tenants' installation of air filters, and requests that the neighbor tenant stop smoking, the neighbor continued to smoke and tenants' apartment still smelled of smoke. One of the tenants was recovering from cancer and very allergic to smoke. And landlord didn't ask the condominium board to take any action against the smoker.

Poyck v. Bryant: NYLJ, 9/1/06, p. 22, col. 1 (Civ. Ct. NY; Hagler, J)