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• NYC's First Non-Smoking Apt Building Set To Open  

So some apartment buildings are now banning smoking for new tenants. Existing tenants who smoke will be allowed to continue to puff away.

That's not the case with the new East Harlem building at 1510 Lexington Avenue, which will be the city's first completely non-smoking residence, where tenants won't even be allowed to walk outside and light up in the immediate perimeter of the building. Even the construction workers can't light up.

"We feel that you're impacting, in a rental, so many people around you that we would like to offer the public an opportunity to live in a smoke-free environment," said Kinne Yon of Kenbar Management, which runs the building that will house 298 units.

The family-owned company gave CBS 2 a tour of the building, still under construction. The East Harlem development features upscale apartments, with concierge service, a large gym, and gardens. Smoking will not be allowed anywhere on the property.

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Smoking Ban May Now Include Your Apartment  

Some city landlords have begun prohibiting tenants from smoking inside their apartments, because of the dangers of second-hand smoke. A study recently found that secondhand smoke causes at least 35,000 deaths from heart disease and 3,000 deaths from lung cancer in nonsmokers nationwide each year--and New Yorkers are even more at risk because their dense urban environment. As one tobacco expert put it: "Smoke doesn't know to stop at a doorway. It fills the full capacity of every indoor location in which the cigarette is smoked." So at least one major real estate company is now stepping in to stop the smoke before it starts. . . .

Should renters be allowed to smoke in their apartments?(polling)

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READERS' COMMENTS For Some Smokers, Even Home Is Off Limits  

Landlords Move to Ban Smoking in Apartment Buildings 

The movement to ban smoking in New York City has grown so quickly that no place seems immune -- certainly not restaurants or bars, and public beaches and parks may not be far behind. Now the efforts are rapidly expanding into the living room.

More landlords are moving to prohibit smoking in their apartment buildings, telling prospective tenants they can be evicted if they light up in them.

This month, the Related Companies will ban smoking at some of its downtown apartment buildings because of health concerns about secondhand smoke, according to company officials.

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• For Some Smokers, Home’s Off Limits 

More landlords are moving to prohibit smoking in their apartment buildings, telling prospective tenants they can be evicted if they light up in them.

This month, the Related Companies will ban smoking at some of its downtown apartment buildings because of health concerns about secondhand smoke, according to company officials.

Smokers who already live in any of these buildings will not be affected, according to Jeff Brodsky, a president of Related, which is a national developer with 17 buildings in Manhattan.

But any new renters must promise not to smoke at home, even if they continue to elsewhere.

Kenbar Management, a local developer, is going a step further. When its new project, 1510 Lexington Avenue, opens in December, smoking will be banned in all 298 units, in addition to private and shared terraces.

And the typical smoker’s refuge — directly outside the building — is also off limits; tenants must agree not to smoke on any of the sidewalks that wrap around the building, which takes up most of a block in East Harlem, according to Kinne Yon, a Kenbar principal.

The trend has predictably divided smokers and nonsmokers in New York. . . .

So far, about 50 public housing agencies have now forbidden smoking, according to Betsy Feigin Befus, a lawyer with the National Multi Housing Council, a landlord trade group that has tracked the efforts.

Other cities, through legislation or by initiatives of developers, have taken similar steps.

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• 3 counties work to get smoke-free apartments 

Three metro counties will spend about $204,000 from state health-improvement grants over the next two years to help apartment landlords and renters make their buildings smoke-free.

They start the effort with a survey showing that half of local renters would consider moving to a smoke-free building, including 16 percent of smokers.

"We know that many people want to live in smoke-free environments, and we know that can improve public health," said Lisa Mueller, who administers the state grants for Hennepin County.

Hennepin, Ramsey and Dakota counties, as well as Minneapolis, are pooling part of their state grants to hire the nonprofit Association for Nonsmokers Minnesota to advise them on voluntary non-smoking efforts in multi-unit housing.

The association used part of that grant money to conduct the renters survey. It was conducted by Wilder Research and released to coincide with the annual Great American Smokeout, a stop-smoking effort started in 1974 in Minnesota.

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No Smoking in Balconies and Patios 

A group of residents that successfully lobbied the City Council to ban smoking in common areas of apartments and condominiums wants the prohibition expanded to balconies and patios.

Santa Monicans for Non-Smoking Renters Rights also wants the creation of non-smoking sections for multi-family residential buildings, including units. And the group says landlords and condo owners should be forced to disclose smoking and non-smoking units to potential tenants and buyers.

"When someone smokes on a balcony or patio, the smoke is pulled into neighboring units because of the difference in air pressure," said group member Myra Morris, who called this "an intrusion."

A press release issued by the group claims that once secondhand smoke has drifted into a unit, it attaches to walls, floors, furniture and rugs and outgases back into the room, even if no one is smoking. The group looks to an article from January of this year in the journal Pediatrics as proof of the existence of what is called "third-hand smoke."

"If smoke is coming into your unit on a regular basis, you are at risk for illness," group member Barbara Bronie said "Cities have a responsibility to protect the public's health."

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• Tenants demand tougher anti-smoking laws 

"We shut the doors, we shut the windows, which is pretty inconvenient and not guaranteed to stop all the smoke anyway," he said.

Horelick is part of a group of residents who are calling on the City Council to expand an ordinance that bans smoking in all common areas of apartments and condominiums to also apply to balconies and patios, arguing the current regulations, while a step in the right direction, don't go far enough.

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• Housing authorities ban indoor smoking 

Alan Pape doesn't like going into smokers' apartments. But as the maintenance mechanic for the North Bend City/Coos-Curry Housing Authorities, it's part of the job.

"When you have to stand in them for two or three hours at times and breathe in second-hand smoke -- I know it's not good for me," Pape said.

By March, Pape won't have to worry about nicotine-stained walls or smelling like an ash tray at the end of the day.

The two boards of commissioners for the housing authorities adopted a no-indoor-smoking policy for the apartments and buildings they own. The Woodland Apartments Preservation Inc. and Powers Housing Development Inc. -- apartments managed by the housing authorities -- also passed the same policy. The agencies provide section 8 and low-income housing North Bend, Coos Bay, Myrtle Point, Coquille and Port Orford. Woodland and Powers have units in Empire and Powers. Ned Beman, the executive director of the Housing Authorities, said the policy will likely impact 475 residents. He estimated that about 21 percent smoke.

The policy bans smokers from lighting up inside units or other buildings owned by the agencies. Those who smoke will be allowed to -- but outside at least 10 feet from a neighbor's door. It goes into effect on March 1.

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• Cigarette smoke wafting onto neighbor's patio brings lawsuit 

This is the story of two neighbors and a dispute over secondhand smoke in the Sacramento suburb of El Dorado Hills.

It seems like a minor story, especially with everything that's wrong in California: . . .

In short, the state is a disaster. You'd think with all those problems that a dispute between neighbors over cigarette smoke wouldn't generate much interest but it has garnered more response in the local newspaper than anything the paper has reported in recent memory --and frankly, the Sacramento Bee has been doing a bang-up job uncovering all sorts of graft, waste and corruption in state government. Does this story resonate at the national level? Here's the deal:

A California couple has filed a lawsuit seeking relief from their next-door neighbor's second-hand cigarette smoke.

Richard and Donna Ganguet were the first to move into a gated community for people age 55 and older. That was 2006. Today, they claim the cigar and cigarette smoke wafts into their yard from the property of neighbor has caused an intolerable situation. . . .

The responses --over 600 on the newspaper's website-- are all over the board. . . .

I had a problem a few years ago with heavy smoking neighbors. No amount of pleading would get them to take their smoke somewhere other than directly into my windows.

I fixed the problem by putting an old piece of fish in a bowl, hooking up a small, quiet fan right behind it, and placing the rig right next to the fence. Worked like a charm - inside two days, the neighbors moved their smoking area away from my side and didn't come back to it.

Don't get mad, get even.

What do you think? How do you resolve this problem between two neighbors?

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• Apartment building going smoke-free  

Russell Chandler has smoked for more than 50 years, but he is willing to curb his habit to be more neighbourly.

He is one of approximately 90 tenants of the South Chatham Village Apartments who will have to adapt to a smoking ban coming effect at the apartment complex, Jan 1, 2010.

"There's no hard feelings that they're doing that," Chandler said.

Martin Vanderzwan, chairman of the apartment's board of directors, said the smoking ban has been motivated by reducing the risk of fire and reducing the known health effects of secondhand smoke.

He said most of the residents responded to a survey on implementing the ban.

"It was almost unanimous that we should have a nonsmoking policy," Vanderzwan said.

There are 67 units in the building, including seven or eight units occupied by smokers, he said.

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Push to limit smoking rekindled  

The controversial legislation -- first introduced by Supervisor Chris Daly last year and now being pushed by Supervisor Eric Mar -- would forbid smoking in a slew of new settings, adding to existing bans in bars, restaurants, parks, transit stops and taxicabs.

The bill would expand no-smoking zones to include farmers markets and the outdoor seating areas of restaurants, cafes and coffee shops. Smoking would also be prohibited while waiting in lines at ATMs, theaters, athletic events and concert venues.

Apartment buildings and other multiunit residences would also have new areas with no-smoking signs. Smoking would be prohibited in common areas of apartment buildings, including hallways, elevators, parking lots, lobbies, waiting areas, bathrooms, laundry facilities and recreation areas.

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Agencies ban smoking 

The North Bend City and Coos-Curry Housing Authorities have adopted a no-smoking policy for the apartments and buildings they own.

Also, the Woodland Apartments Preservation and Powers Housing Development adopted a no-smoking policy earlier this month.

The no-smoking policy will go into effect March 1.

Residents will be allowed to smoke outside their units 10 feet from their neighbors' doors. They will not be allowed to smoke inside the units or other buildings owned by the agencies.

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• El Dorado Hills couple sues neighbor over cigarette smoke  

"In a senior community, you think we'll all be compatible and have the same values," said Richard Ganguet, a retired El Dorado County sheriff's deputy.

But three years after settling into their single-family home in El Dorado Hills' Four Seasons development, the Ganguets are suing their next-door neighbor over cigar and cigarette smoke they say wafts into their backyard and house.

Because of the smoke, the couple say, they no longer sit on their patio. They also try to sandwich in swims in the side-yard lap pool between their neighbors' smoking sessions.

Doug Smith, attorney for the neighboring homeowner, Florence Solone, said the issue is a trivial one that should be resolved by neighbors talking with each other, not with a lawsuit in El Dorado Superior Court.

But disputes between neighbors over secondhand smoke are increasingly making their way into courtrooms and city council chambers.

With smoking banned in workplaces, restaurants and bars, Californians are less willing to tolerate the smell of smoke in their houses or backyards, said Robin Salsburg, a staff attorney with the Oakland-based Public Health Institute's Public Health Law and Policy program.

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Menlo Park council considering beefed up smoking ordinance  

The Menlo Park City Council may consider a new smoking ordinance as soon as January that could ban lighting up in apartment and condominium buildings.

At a study session Tuesday night, council members agreed the city's existing 16-year-old ordinance needs updating and should likely include more restrictions on smoking.

However, most council members said they aren't yet ready to go as far as Belmont, where a law banning smoking in multilevel residential buildings went into effect at the beginning of this year.

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