Living

Banning smoking in apartments, condos

What every association and owner should know

Published

13 years ago

April 4, 2013

WBadmin

(Washington Blade photo by Phil Reese)

By DAVID A. RAHNIS

Many urban dwellers are waking up to the concerns surrounding secondhand smoke in their apartment cooperatives and condo buildings. To date, approximately half of all states (including D.C.) have passed comprehensive smoke-free laws. However, these laws typically exempt a person’s home. There is no effort on the horizon to ban smoking in all multiple family dwellings in D.C. This situation could create a dilemma for non-smokers trying to coexist with smokers in a residential environment. Nationwide, the number of residential buildings becoming voluntarily smoke-free appears to be growing.

The secondhand smoke issue is usually raised when a resident complains about the smell of smoke entering his or her apartment from other apartments or areas within the building. Attempting to address those complaints, building management will often undertake an investigation or some corrective action to address the smoke odors. Often, these initial efforts may fall short and residents will contend that only a full building-wide smoking ban can resolve the problem.

The first step for any coop or condo when facing this issue is to review the building’s governing documents for any provisions pertaining to smoking. If a board determines a smoking ban to be in the best interest of the building, the most effective way to do so is through an amendment to the governing documents. For example, in the cooperative setting, an amendment to the Proprietary Lease and/or By-Laws is the most effective means of enforcing a ban. Residents should examine the procedures and voting requirements necessary to amend the governing documents. In the cooperative setting, the most appropriate venue for obtaining shareholder consent would be a special meeting of the shareholders, held in accordance with the by-laws. A court is more likely to uphold a smoking restriction adopted by a supermajority of apartment owners rather than by simple board action.

At this point, there is only one local case involving smoking in the cooperative environment. In David Schuman v. Greenbelt Homes, Inc. (a 2011 Prince George’s County, Md. Circuit Court case now on appeal), a non-smoking cooperative townhouse owner sued building management and his neighbor on the grounds that secondhand smoke from his neighbor violated the nuisance clause of his mutual ownership contract. The non-smoking owner claimed that he suffered from coughing, sneezing, congestion and watery eyes for years due to the secondhand smoke. In an attempt to alleviate the problem, the management company caulked around baseboards, plumbing and electrical outlets in both homes. Such efforts did not satisfy the non-smoking owner.

However, the Circuit Court ruled in favor of the management company, noting that “not all nuisances are necessarily actionable” and that the matter was more appropriate for the state legislature. The court found that the level of smoke entering the non-smoker’s townhouse constituted merely an offensive odor and did not trigger an actionable nuisance. The court said that the plaintiff needed to demonstrate “real injury” such as an “unfavorable health condition”. In addition, the court found no bad faith in the management company’s handling of the non-smoker’s complaints.

While a significant body of legal analysis does not yet exist in the D.C. area, courts in other jurisdictions have already begun addressing and analyzing the issues surrounding community smoking bans. The underlying conclusion is that boards and managers need to be alert to secondhand smoke complaints because cooperatives and condos can be held legally accountable for failing to address smoking-related concerns.

A 2006 New York civil court case addressed the potential for landlord liability due to secondhand smoke. In Poyck v. Bryant, the court found that tenants who vacated a condominium apartment before the lease termination date due to secondhand smoke from an adjoining apartment could assert the “warranty of habitability” as a defense to their landlord’s nonpayment of rent proceeding, notwithstanding the fact that the landlord had no control over the adjoining apartment. The court held that a sufficiently egregious secondhand smoke condition presents health hazards so as to invoke the warranty of habitability, and that the landlord had the power to act against the smoking neighbor.

In Christiansen v. Heritage Hills 1 Condominium Owners Association, a Colorado district court in 2006 upheld an amendment to a condominium declaration that banned smoking inside apartments. The court noted that the board had already tried, unsuccessfully, to address secondhand smoke through various remediation measures.

The New York County Supreme Court in Reinhard v. Connaught Tower Corporation ruled in 2011 that coop boards are required to act reasonably when residents complain that secondhand smoke is infiltrating their apartments from other parts of the building. In this case, the plaintiff-owner of a coop apartment sued the corporation because she detected a strong smell of cigarette smoke in her apartment. She was told by the managing agent and the superintendent to re-caulk the floor, molding and faceplates in her bedroom, which did not eliminate the odor. The board, however, refused to take any action and disclaimed any responsibility for the problem. Plaintiff then sued the corporation for breach of the warranty of habitability, breach of fiduciary duty and constructive eviction among other causes of action. The court held that the secondhand smoke in plaintiff’s apartment breached the warranty of habitability and as a result constituted a constructive eviction. Furthermore, the court determined that the co-op breached plaintiff’s proprietary lease by failing and refusing to take any “reasonable steps” to alleviate the secondhand smoke problem.

If a cooperative apartment or condo community is experiencing an increasing number of secondhand smoke complaints and if remediation efforts have been unsuccessful, the Board should consider a building wide smoking ban. In addition to a “town hall” style meeting, the Board’s next step might be to conduct a formal survey of apartment owners in order to determine the most feasible course of action for the community. If the survey results reveal that a full and immediate smoking ban is not appropriate, the building can implement a modified form of smoking ban. For example, the ban could be delayed for a certain period of time (e.g., two or three years) in order to allow owners/residents time to comply with the new rules. Alternatively, current smokers could be “grandfathered” out of an immediate smoking ban. At the same time, the building could begin to reject any prospective purchasers who smoke. In this manner, through gradual attrition, the building would eventually become entirely smoke free. Owners and boards would be wise to consult management and legal advice when facing these issues to avoid expensive litigation or claims of discrimination down the road.

This is a part of a series of monthly articles by Jackson & Campbell, P.C. on legal issues of interest to the LGBT community. Jackson & Campbell, P.C. is a full service law firm based in Washington with offices in Maryland and Virginia. Those with questions regarding this article, please contact David Rahnis at 202-457-1673 or [email protected]. Those with questions regarding the firm should contact Don Uttrich, who chairs its Diversity Committee, at 202-457-4266 or [email protected].

Related Topics:apartments condo association condos smoking

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A magical Mercedes

S-Class continues to define what luxury really means

Published

5 days ago

May 23, 2026

Joe Phillips

Mercedes S-Class

At my stage of life — “somewhere between 40 and death,” as the iconic line goes in the musical “Mame” — I want some pampering. A lot of pampering.

Luckily, for anyone who constantly craves a soothing spa, steam room or sauna, there’s the completely updated Mercedes S-Class. This flagship sedan is now so full of glitz, glamour, and gee-whiz gadgetry, it gives new meaning to the term “auto erotica.”

Does this make the S-Class a “gay” ride? For me, any vehicle that pushes my buttons like this one is a Kinsey 6.

MERCEDES S-CLASS

$122,000 (est.)

MPG: 21 city/31 highway

0 to 60 mph: 4.3 seconds

Trunk space: 19 cu. ft.

PROS: Exceptional comfort. Ultra-quiet cabin. Cutting-edge safety.

CONS: Price climbs fast. Tech learning curve. Sportier competitors.

The S-Class continues to define what luxury really means, with a bolder silhouette, larger grille, and striking, next-gen LED headlights. There’s also an optional illuminated Mercedes star on the hood. Overall, nearly 2,700 parts are new or improved, so more than 50 percent of this vehicle has been updated. An extreme makeover, to be sure.

At the same time, this latest S-Class leans harder into intelligence and electrification than ever before. Under the hood, a range of turbocharged inline-six and V8 engines — paired with mild-hybrid systems — deliver power in a way that seems almost edited for smoothness. Braking is solid and strong, too, but never abrupt. All the engineering is fine-tuned and intentional.

Yes, the top-of-the line S580 version is more expensive, almost $140,000. But it’s also blisteringly fast, zipping from 0 to 60 mph in just 3.9 seconds. That’s as lickety-split swift as a Lamborghini Revuelto supercar, which has a starting MSRP of $610,000 and can easily exceed — yowza! — $800,000.

Colors? There are 150 to choose from for the exterior and 400 for the interior. You can even customize the illuminated door sills, interior stitching and wheel accents.

And the ride quality? Sublime. Adaptive air suspension reads the road constantly, leveling out imperfections before they even register. Rear-axle steering enhances maneuverability, making this full-sized sedan feel surprisingly nimble in tight spaces. On the highway, the S-Class simply glides like a private yacht on the calmest of seas — extremely quiet, composed and completely unbothered.

Whenever you slide inside, the cabin immediately sets the tone. A massive OLED digital display — the same high-def technology used for cinematic viewing and gaming monitors — anchors the dashboard, running the latest MBUX infotainment interface. Highly customizable, this software allows for advanced voice commands that feel natural, not forced. And an augmented-reality navigation system takes your route and overlays it onto live camera feeds. It’s intuitive — mostly, as there is a learning curve for all this cutting-edge gear. Overall, though, such amenities make older setups feel like dial-up internet.

A Burmester surround-sound stereo is available in 3D or 4D, with up to 31 speakers, 1,690 watts and tactile transducers in the seats that vibrate and pulse with the music. Those seats are, of course, extremely comfortable. And the seatbelts? These are now heated.

Let’s not forget the latest cabin air-filtration system, which can remove ultra-fine particles to deliver air quality that rivals medical environments. Clean air, yes, but even this seems like a special treat. It’s like being swaddled in couture, not ready-to-wear.

And lastly, there’s the rear-seat area, which — to be honest — is where the S-Class really shines. Executive packages offer multi-contour reclining seats with rapid heating and ventilating, heated armrests and massage functions. You can opt for a footrest, which ups the glam factor to give you a calf massage. Dual 13.1-inch display screens come with their own remote controls. There’s also a video-conferencing feature, to help transform the rear cabin into a fully connected mobile office. For me, it feels less “back seat” and more “private lounge.”

Even in fiction, high-tech luxury carries weight. Tony Stark helped cement the idea that state-of-the art vehicles can be aspirational, not just practical. The magical S-Class fits right into that narrative — minus the flying suit (for now).

Advice

I’m a 64-year-old single gay man and I hate my life

How can I turn things around before it’s too late?

Published

6 days ago

May 22, 2026

Michael Radkowsky

I’m officially old, maybe even nearing the finish line and I’m getting bitter.

Dear Michael,

I’m a 64-year-old single gay man and I hate my life.

I’ve never had a relationship that lasted more than a few months. I can’t say why. I don’t think I’m defective. I wasn’t unattractive when I was younger (still not bad looking), I think I’m an interesting person to spend time with, but everything always seemed to fizzle out.

Thankfully, I missed AIDS because I came out after people knew what to do. Sometimes I wonder if fear of contracting the virus metastasized into a fear of getting close. I don’t know. I don’t think I’ve consciously kept people away. Consciously I have wanted someone to share my life with, very much.

With my 65th birthday and official senior citizen status approaching, I’ve been taking stock of my life and am coming to the hard realization that I’m never going to find that elusive partner.

I don’t go out anymore because people look right through me, except the ones who have a fetish for older guys. No one’s actually interested in me as me, a unique person rather than what they see on the surface.

I’m tired of my coupled friends. They’re always talking about “we.” Yes, I have become resentful that they have what I want and will never get. I know that’s not admirable but it’s how I feel, secretly, and I am sick of feeling like this when I am around them. So why be around them?

And I’m tired of my friends who are focused on sex all the time. It just all feels like a waste of time. I don’t get anything from a hookup anymore, they’ve been feeling increasingly meaningless. I feel like I’m someone’s momentary opportunity to get off, rather than any kind of real connection.

I’m just sick of the whole chase I’ve been doing for the last 40+ years.

I’m realizing that the whole thing has been pointless, a quest for a partner who is never going to materialize and a lot of diversions along the way that have added up to a despairing feeling that I’ve wasted my life trying to get something that will never happen.

Gay life hasn’t been so gay for me. And I’m officially old, maybe even nearing the finish line. Yes, if you haven’t noticed, I’m getting bitter.

What do I do with this dead end?

Michael replies:

How about looking for a different road to go down?

I’m not going to challenge your belief that you aren’t going to find a partner. I think it’s possible that you could, because there are other guys out there, in your age range, who are looking. But you have no guarantee, especially if you have decided to take it off the table.

So what else can you do with your life? How can you make your remaining time on this earth well-lived?

From your letter, it’s clear what you don’t want to do: Look for a boyfriend, hook up, or spend time with your current friends. Surely there must be more possibilities for your life than those options.

So my advice is to figure out some things you care about and start doing them. Travel? Volunteering? Getting a companion animal? Taking classes? Finding a new career? Those are just a few of the ideas I can come up with, but I don’t know you. What ideas can you generate, that you suspect you’d like to pursue?

In other words, start putting one foot in front of the other and go in some new directions that intrigue you enough to explore.

Sitting around feeling miserable does not help you to get anywhere. It keeps you feeling miserable. Sitting around waiting to feel better does not lead you to feel better. What would help you get to a better place would be to start taking action on your own behalf. Always keep in mind that while you are alive, with your faculties intact, you do have the choice to take this step, over and over and over again.

If you give yourself something (or some things) worthwhile to put your focus on, and do your best to shift your focus there whenever you notice that you are lamenting, I’m hopeful you will create a more fulfilling and meaningful life.

I’m also hopeful that if you are spending time doing things that you actually enjoy and that enrich your life, you may find more satisfying companionship than you are experiencing with your current friend group. (And yes, this could include a romantic relationship if you decide to be open to this possibility.)

A brief reply in an advice column can point you in the right direction, but it is likely not enough to sustain and motivate you through a major life overhaul.

Therefore, I suggest that you find a therapist to help you figure out how to move forward and what to move toward; and also to grieve, and put to rest as best you can, the loss of the life you hoped you would have.

I know that transcending the loss of a huge lifelong dream may seem impossible. But working toward this, as best you are able, would help you.

Relatedly, one more thing that I hope you can address with a therapist is your bitterness. I do understand why you feel so bitter, and I also think that it is torquing your life in a downhill direction.

Michael Radkowsky, Psy.D. is a licensed psychologist who works with couples and individuals in D.C., Maryland, Virginia, and New York. He can be found online at michaelradkowsky.com. All identifying information has been changed for reasons of confidentiality. Have a question? Send it to [email protected].