Connect with us

Living

Banning smoking in apartments, condos

What every association and owner should know

Published

on

cigarette, gay news, Washington Blade
cigarette, gay news, Washington Blade

(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].

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Real Estate

The rise of accidental landlords

How changing market conditions are impacting property management

Published

on

In a buyer’s market, many sellers are looking to rent their homes rather than reduce the sales price. (Photo by zimmytws/Bigstock)

Why are there more “accidental landlords” renting out their properties in the Washington, D.C., metro area? 

The answer, according to The New York Times and other sources, is the current state of the real estate market. A growing number of accidental landlords are emerging as homeowners rethink their options in a challenging sales market. Rather than accept lower offers than they feel their properties deserve, many are choosing to rent instead of sell. 

This shift reflects both financial caution and changing market dynamics, where holding onto an asset and generating rental income can seem more appealing than locking in a perceived loss.

A Market in Transition

The D.C. housing market remains fundamentally strong, but it has clearly shifted from the frenzied seller’s market of prior years. Inventory has increased significantly, and according to Redfin, active home listings in the Washington, D.C., metro area have increased significantly, with reports indicating a rise of roughly 33% to 50% year-over-year in late 2025 and early 2026. 

This surge in inventory, coupled with falling demand, has shifted the market in favor of buyers, with roughly 22% more homes for sale than interested buyers. At the same time, homes are taking longer to sell. Buyers are still active, but they’re more selective, more price-sensitive, and less likely to engage in bidding wars.

This combination of rising inventory and longer selling timelines has created a key tension: sellers are no longer guaranteed the price they want. What’s a homeowner to do? Rent.

Why Homeowners Are Choosing to Rent

Rather than reduce their asking price, many homeowners are choosing to hold onto their properties and rent them out. National data confirms this shift. According to a report from Zillow, the share of rental listings made up of homes that failed to sell has climbed to near-record levels, with these accidental landlords accounting for a growing portion of rental supply. The number of these homeowners nationwide is at a three-year high.

The underlying psychology is simple: most sellers are not under immediate pressure to sell. And instead of accepting what they perceive as a discounted price, they opt to generate rental income and wait for more favorable market conditions.

For many homeowners, renting offers a way to “pause” the sales process without exiting the market entirely.

The Ripple Effect on the Rental Market

This influx of accidental landlords is reshaping the rental landscape. And this could be you!

  1. This trend is increasing rental supply. When unsold homes are converted into rentals, they add inventory to a market that has already seen new apartment deliveries and multifamily expansion. This is one reason rent growth has cooled in recent months, with national increases slowing to modest levels. 
  1. Additionally, it is changing the type of available rental housing. Accidental landlords are more likely to offer single-family homes, townhouses, or condos; properties that differ from traditional apartment stock. Zillow notes that single-family homes make up the largest share of these rentals now.

For renters in D.C., this means more choices, particularly in neighborhoods where rental inventory was previously limited.

Operational Challenges for Accidental Landlords

While renting may seem like a straightforward fallback strategy, many accidental landlords quickly discover that property management is a complex, operationally intensive business. Some of the most common challenges include:

  • Tenant screening and leasing compliance. D.C. has robust tenant protections and rent control regulations, particularly for older multifamily buildings. One wrong step can create legal complications home owners are not prepared for.
  • Maintenance and repairs. Deferred maintenance can quickly erode profitability and tenant satisfaction. And tenants do have the power to cut into your monthly profit when certain livability standards are not met.
  • Cash flow management. Not all rental income covers mortgage payments, especially for owners with higher interest rates. 
  • Regulatory compliance. Licensing, inspections, and rent stabilization rules can create administrative burdens.

In short, many homeowners underestimate the complexity involved in the transition from owner-occupant to landlord. What begins as a temporary strategy can evolve into a long-term operational commitment.

Property Management Firms Are Stepping In

As a result, property management companies across the D.C. metro area are seeing increased demand, particularly from first-time landlords. These owners often lack the infrastructure, systems, and expertise required to manage a rental property effectively. Professional management firms provide an array of solutions including marketing and leasing services, tenant screening and placement, rent collection and financial reporting, maintenance coordination, and compliance with D.C.’s evolving regulatory environment. For accidental landlords, outsourcing these functions can turn a reactive decision into a more structured investment strategy.

Green Renting: A Strategic Advantage in D.C.’s Rental Market

One often overlooked opportunity for accidental landlords—especially in Washington, D.C.—is the growing demand for “green renting.”

Energy efficiency is no longer just a lifestyle preference. For many renters, particularly in a high-cost city like D.C., it is a financial decision. Utility costs in the District can be significant, especially during peak summer and winter months. Properties that offer lower monthly energy expenses immediately stand out in a competitive rental market.

Installing solar panels, where feasible, can meaningfully reduce or even offset tenant electricity costs. For renters comparing similar properties, the difference between a standard utility bill and a reduced or stabilized energy cost can be a deciding factor. This is particularly true in D.C., where tenants are often highly-informed, environmentally-conscious, and sensitive to total monthly living expenses, not just base rent.

For landlords, the benefits extend beyond tenant appeal. Solar installations can help reduce vacancy, support longer lease terms, and create a premium perception that differentiates a property from competing listings. In some cases, landlords may also benefit from local incentives, tax credits, or increased property value tied to energy improvements.

In a market where many accidental landlords are competing on similar housing stock—single-family homes, condos, and townhouses—energy efficiency can become a key differentiator. It is not just about sustainability; it is about positioning a property to perform better financially.

A Local Market With Unique Dynamics

Washington, D.C., is a housing market shaped by federal employment, policy changes, and macroeconomic uncertainty. Recent developments, including fluctuations in the federal workforce and return-to-office mandates, have influenced both housing supply and demand. In some cases, these shifts have contributed to increased listings and more cautious buyer behavior. At the same time, D.C.’s high cost of entry continues to support rental demand. This dual dynamic creates ideal conditions for the rise of accidental landlords. Are you ready for this seismic shift? 


Scott Bloom is owner and Senior Property Manager of Columbia Property Management.

Continue Reading

Advice

I don’t see the point in a relationship 

Life is short and I want to do whatever I want

Published

on

Going through life with a partner isn’t for everyone. (Photo by yanik88/Bigstock)

Michael,

I’m 34, and after being on the dating scene for about 12 years, I’m coming to the conclusion that I don’t want to be in a relationship. 

I don’t love hanging out with the same person over and over again. I don’t feel all gooey when I’ve been with someone for a while. I run out of things to say, and also, it just gets boring.

I like my space. I don’t like having to share the bathroom or have someone next to me all night, especially when they want to go to sleep holding me. I know that sounds like heaven to a lot of people but it just feels intrusive to me. 

It’s a pain to have to compromise what I want to do. When I want to go someplace on vacation, or try a restaurant, or get up early to go to the gym, or sleep in, I don’t want to have to run that by someone else and get their OK. Life’s short. I want to do what I want to do.

I feel like we are constantly bombarded with the message to date and find a mate, but I don’t really see the point.  I don’t think I’m an introvert—I have a lot of friends—but I also like to spend time by myself and not be accountable to anyone.

When I think about marriage, it seems like a very old-fashioned concept, developed for straight people who want to have children. Historically you needed one person to work and another one to stay home and raise the kids. And you needed to stay together to give your kids two parents and a stable home. I get that.

But if I’m not having kids, what’s the point? I don’t need a husband to have sex. I can and do hook up all the time. It’s so easy to find someone online. And I get to have a lot more variety when I’m single than when I’m dating. Even though my relationships are always open, when I am dating someone, I always hook up a lot less, because I have to worry about the boyfriend’s feelings being hurt if I hook up “too much.”

I know I sound unromantic and maybe selfish but this is how I see it.  

My friends are all about having a boyfriend. They think I’m being ridiculous. Can I get another opinion?

Michael replies:

You make great points. Relationships do require us to give up some of our independence. They can feel stifling at times. And when the excitement of a new partner fades, things will at times feel “boring” in all sorts of ways, including sex. You can choose to avoid all of this by remaining single.

But relationships also give us tremendous overlapping opportunities to grow, including:

Being pushed to develop a clear sense of self: When we must constantly decide what we are willing to do or not do as part of a couple; and when our partner inevitably and frequently has interests, values, and priorities that conflict with ours, then we are challenged, over and over, to decide what is most important to us and how we want to live our lives.

Frequent opportunities to build resilience: All those old issues from our past that get us upset or riled up? We have to work through them so that we can stay (pretty) calm rather than losing our minds when our buttons are pressed.  

Improving our ability to have hard conversations – and without rancor: Unless we’re able to disagree, speak up, or confront when it’s important to do so, we are going to twist ourselves into a pretzel striving to accommodate the other person. And being able to engage in tough talks in a loving way is necessary if we want to have a loving relationship.

Becoming a more generous person: You wrote that you like to have things your way. But part of life, whether or not we are partnered, involves being thoughtful, considerate, and willing to put someone else first at times. Great relationships require us to do all of these things regularly—and many of us find that contributing to the happiness of someone we care about can increase our own happiness.

Besides these ongoing challenges, relationships give us the experience of someone knowing us deeply, and knowing someone deeply.  There can be great comfort in going through life with someone with whom we have this intimate connection, along with ongoing shared experiences of trust, support, comfort, and love. Long-term companionship is also an adventure: Can we keep the relationship vibrant and fun as we both keep changing over time? 

If you choose to remain single: Many people play their friendships on the easy setting, keeping things pleasant, on-the-surface, and non-confrontational; and cutting people off when things aren’t going well. Hanging in there to deal with the rough stuff can lead to deeper, longer friendships, and plenty of personal growth.

I do have a question for you: I am curious what sort of relationships you saw growing up, and what your own relationship experiences have been.  

Intimate relationships aren’t for everyone, and you get to decide what is right for you. But if your negative view of relationships is influenced by having witnessed or experienced intrusive or just plain awful relationships, maybe you want to do some work (therapy, for example) to heal from this stuff, rather than letting your past limit your future. A healthy relationship means being part of a couple while also remaining a vibrant individual, not being stifled, bored, and losing your independence.  

(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].)

Continue Reading

Autos

Wagons ho! High-class, head-turning haulers

Automakers still offer a few good traditional station wagons

Published

on

2026 Volvo V60 Cross Country

As a teenager, one of the first cars I drove — and fell in love with — was our family’s hulking full-size wagon. It stretched over 19 feet in length and weighed a whopping 5,300 pounds. That’s three feet longer and 1,000 heavier than, say, a Ford Explorer today. 

But this Leviathan felt safe and practical, especially when tootling around town with my crew or traveling solo cross-country. Of course, this hauler was also an eco-disaster. 

Luckily, that’s not the case today. And even though the number of traditional station wagons keeps shrinking, automakers are still offering a few gems.    

VOLVO V60 CROSS COUNTRY

$54,000

MPG: 23 city/31 highway

0 to 60 mph: 6.6 seconds

Cargo space: 51 cu. ft. (rear seats folded)

PROS: Elegant design. Composed handling. Top safety features.

CONS: So-so power. Modest rear legroom. Only two trim levels.    

The 2026 Volvo V60 Cross Country doesn’t cry for attention — and that’s the point. This is the automotive equivalent of Kristen Stewart, a celebrity who’s confident in her own skin and sees no need to post about it. 

Under the hood, there’s a four-cylinder turbo engine paired with a mild-hybrid system, producing 247 horsepower. You won’t outrun other drivers, but there is a sense of calm authority when accelerating. The standard all-wheel drive and 8.1 inches of ground clearance mean this wagon is ready for dirt roads, bad weather or a spontaneous weekend jaunt. 

And inside? Scandinavian minimalism at its finest. Clean lines. Gorgeous materials. Google-based infotainment that mostly works — though occasionally the system could be a bit faster, at least for my taste. The ride is smooth, composed and quiet, even if acceleration feels more “measured sip” than “espresso shot.” 

But here’s the twist: After more than a decade, this is the final Volvo wagon in the U.S. Its farewell tour ends in 2026. That alone gives it collector-car status.

MERCEDES-AMG E53 WAGON

$95,000

MPG: 21 city/25 highway

0 to 60 mph: 3.4 seconds

Cargo space: 64.6 cu. ft. (rear seats folded)

PROS: Supercar vibe. Hybrid versatility. Stunning interior.

CONS: Some fussy controls. Can feel heavy when cornering.    

If the Volvo V60 Cross Country is subtle, the 2026 Mercedes-AMG E53 Wagon is a screamer. It’s like being at a Lil Nas X concert: flashy, high energy, and full of shock and awe.  

This performance wagon — a plug-in hybrid, no less — pushes well over 500 horsepower (and in some configurations over 600 horsepower), launching from 0 to 60 mph as fast as a $300,000 Aston Martin supercar.

Yes, deep down, this is still a wagon. But you also can do a Costco run in something that could embarrass sports cars at a stoplight. That duality is delicious.

Inside, Mercedes leans all the way in. The high-tech Superscreen setup stretches across the dash. Ambient lighting glows like a curated art installation. The 4D surround-sound audio literally pulses through the seats. It’s immersive. Borderline excessive. And entirely the point.

Rear-axle steering helps mask the size of this car, but there’s no hiding the weight — it’s a big, powerful machine. Still, this hauler handles far better than physics suggests it should.

PORSCHE TAYCAN CROSS TURISMO

$121,000

Range: 265 miles

0 to 60 mph: 2.8 seconds

Cargo space: 41 cu. ft. (rear seats folded)

PROS: Lightning fast. Space-age design. EV smoothness.

CONS: Very pricey. Options add up quickly. Limited rear visibility.    

The Porsche Taycan Cross Turismo completely rewrites the wagon formula. Fully electric. Shockingly fast. Designed like it belongs in the Louvre.

Performance is instant. Depending on trim level, you’re looking at 0-to-60 mph in less than 3 seconds. No exuberant engine noise — just that smooth, purring EV surge.

Handling? Pure Porsche. Low center of gravity thanks to the battery-pack placement. Precision that makes winding roads feel like choreography. And then — hello — there’s also a Gravel Mode for light off-road use.

Inside, the style is restrained but high-tech. Digital displays dominate, including a 10.3-inch passenger side touchscreen. Yet the layout feels intentional rather than overwhelming. Build quality is exceptional. Options, including leather-free materials and an active-leveling system for hard cornering, are endless — and expensive.

Range varies by model. But as with any EV, your lifestyle (and charging access) matters. 

Overall, this is a wagon that looks and behaves like one helluva class act.

Continue Reading

Popular