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Banning smoking in apartments, condos

What every association and owner should know

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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].

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Real Estate

Could lower rates, lagging condo sales lure buyers to the table?

With pandemic behind us, many are making moves

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Condo sellers may offer buyers incentives to purchase their home. (Photo by Grand Warszawski/Bigstock)

Before the interest rates shot up around 2022, many buyers were making moves due to a sense of confinement, a sudden need to work from home, desire for space of their own, or just a general desire to shake up their lives.  In large metro areas like NYC, DC, Boston, Chicago, Miami and other markets where rents could be above $2k-$3k, people did the math and started thinking, “I could take the $30,000 a year I spend in rent and put that in an investment somewhere.”  

Then rates went up, people started staying put and decided to nest in the new home where they had just received a near 3% interest rate.  For others, the higher rates and inflation meant that dollars were just stretching less than they used to.  

Now – it’s been five  years since the onset of the pandemic, people who bought four years ago may be feeling the “itch” to move again, and the rates have started dropping down closer to 5% from almost 7% a few years ago.  

This could be a good opportunity for first time buyers to get into the market.  Rents have not shown much of a downward trend. There may be some condo sellers who are ready to move up into a larger home, or they may be finding that the job they have had for the last several years has “squeezed all the juice out of the fruit” and want to start over in a new city.  

Let’s review how renting a home and buying can be very different experiences:

  • The monthly payment stays (mostly) the same.  P.I.T.I. – Principal, Interest, Taxes and Insurance – those are the four main components of a home payment.  The taxes and insurance can change, but not as much or as frequently as a rent payment. These also may depend on where you buy, and how simple or complex a condo building is.
  • Condo fees help pay for the amenities in the building, put money in the building’s reserve funds account (an account used for savings for capital improvement projects, maintenance, and upkeep or additions to amenities)
  • Condos have restrictions on rental types and usage – AirBnB and may not be an option, and there could be a wait list to rent.  Most condo associations and lenders don’t like to see more than 50% of a building rented out to non-owner occupants.  Why?  Owners tend to take better care of their own building. 
  • A homeowner needs to keep a short list of available plumbers, electricians, maintenance people, HVAC service providers, painters, etc.
  • Condo owners usually attend their condo association meetings or at least read the notices or minutes to keep abreast of planned maintenance in the building, usage of facilities, and rules and regulations.  

Moving from renting to homeownership can be well worth the investment of time and energy.  After living in a home for five years, a condo owner might decide to sell, and find that when they close out the contract and turn the keys over to the new owner, they have participated in a “forced savings plan” and frequently receive tens of thousands of dollars for their investment that might have otherwise gone into the hands of a landlord.  

In addition, condo sellers may offer buyers incentives to purchase their home, if a condo has been sitting on the market for some time. A seller could offer such items as:

  • A pre-paid home warranty on the major appliances or systems of the house for the first year or two – that way if something breaks, it might be covered under the warranty.
  • Closing cost incentives – some sellers will help a cash strapped buyer with their closing costs.  One fun “trick” realtors suggest can be offering above the sales price of the condo, with a credit BACK to the buyer toward their closing costs.  *there are caveats to this plan
  • Flexible closing dates – some buyers need to wait until a lease is finished.
  • A seller may have already had the home “pre-inspected” and leave a copy of the report for the buyer to see, to give them peace of mind that a 3rd party has already looked at the major appliances and systems in the house. 

If the idea of perpetual renting is getting old, ask a Realtor or a lender what they can do to help you get into investing your money today. There are lots of ways to invest, but one popular way to do so is to put it where your rent check would normally go. And like any kind of seedling, that investment will grow over time. 


Joseph Hudson is a referral agent with Metro Referrals. He can be reached at 703-587-0597 or [email protected].

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Real Estate

How federal layoffs, shutdown threaten D.C.-area landlords

When paychecks disappear, the shock doesn’t stop at the Beltway

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The government shutdown continues. (Washington Blade photo by Michael Key)

When federal paychecks disappear, the shock doesn’t stop at the Beltway. It lands on the doorsteps of the region’s property owners, those who rent out their rowhouses in Petworth, condos in Crystal City, and homes stretching into Montgomery and Prince George’s counties. Landlords depend on steady rent from tenants employed by the very institutions that are now downsized or worse, shuttered.

This fall, Washington’s economic identity is being tested once again. Thousands of federal workers who accepted “deferred resignation” packages will soon lose their income altogether. And with a long government shutdown looming, even those still on the payroll face delayed paychecks. For landlords, that combination of uncertainty and sudden income loss threatens to unsettle a rental market already balancing on the edge.

A Test of Resilience

Rosie Allen-Herring, president of United Way of the National Capital Area, recently told The Washington Post, “This region stands to take a hard hit from those who are no longer employed but can’t find new employment and now find themselves in need. It’s a full-circle moment to be a donor and now find yourself in need, but it is very real for this area.” 1 That reversal captures the broader moment: The D.C. economy built on federal paychecks and charitable giving now faces a stress test of compassion and cash flow alike.  

For landlords, adaptability will determine who weathers the storm. Those who are able to keep the rent coming in, retain their tenants or find replacement tenants without the same economic hardships are going to be able to get to the other side with manageable financial disruptions. Those who plan, communicate, and stay financially flexible will keep their properties occupied and their reputations intact.

A Region Built on Federal Pay

Roughly one in ten jobs in the Washington metropolitan area is tied directly to the federal government, according to the Bureau of Labor Statistics. That number climbs sharply when you include contractors, nonprofits, and think tanks dependent on federal funding. 

This concentration means that when the federal government sneezes, D.C.’s housing market catches a cold. The Brookings Institution recently reported that since January, the region’s unemployment rate has climbed eight times faster than the national average, and local job growth has flattened. 1  More anecdotal, I’ve spoken with property owners this year who are looking to rent out the property they own in DC because they have to move to another region for work.

As The Post observed, “The region has shed federal jobs at a higher rate, and both the number of homes for sale and the share of residents with low credit scores have grown more quickly here than the rest of the country.” 1

For landlords, that’s a flashing warning light. When a certain category of tenants with solid compensation lose reliable government salaries and face dim re-employment prospects, rent becomes harder to collect and rent levels can decline year on year.

The Human Side of a Policy Shock

The people behind these statistics are often long-tenured civil servants. The Post profiled former State Department employee Brian Naranjo, who said he had “unsuccessfully thrown his résumé at more than 50 positions since resigning in May.” “It’s terrible,” Naranjo told the paper. “You have far more people going for those very specialized jobs than would normally be out there.” 1

Another displaced worker, Jennifer Malenab, a 42-year-old former Department of Homeland Security employee, described canceling daycare and family vacations while she scours job boards. “This is not where you want to be at 42, with a family,” she said. 1

When households like these lose steady pay, not only do they pull back on spending, but if they are renters landlords may see a lag in rent receipts, requests for partial payments, or in some cases, a premature notice to vacate. Some tenants will relocate out of the region altogether — a prospect already visible in rising “for sale” listings and increased moving-truck activity in Northern Virginia and suburban Maryland.

What Happens When the Rent Doesn’t Arrive

When rent payments are disrupted, even temporarily, the financial effects can be immediate. Many small landlords depend on rent to cover their mortgages, property taxes, insurance premiums, and routine maintenance. Even a temporary interruption in income can deplete reserves, delay repairs, and strain their ability to meet loan obligations.

Larger multifamily owners are not immune. If multiple tenants in a building lose income at once, cash flow can fall sharply. During the brief 2019 government shutdown, some D.C. landlords offered short-term payment plans to furloughed workers with the expectation of eventual back pay. However, under current conditions, where many positions are being permanently eliminated and paychecks may not be restored, landlords face much greater uncertainty and cannot assume repayment will be guaranteed.

In the District of Columbia, the Rental Housing Commission has advised landlords to continue operating strictly within established legal procedures and to avoid informal or selective payment arrangements that could be interpreted as discriminatory under the D.C. Human Rights Act. Courts in Virginia and Maryland allow temporary continuances when tenants provide documentation of a federal furlough or income disruption, but it is the court, not the landlord, that determines eligibility for relief.

How Landlords Should Proceed  

  • Continue filing nonpayment cases through normal legal channels rather than delaying action.
  • Allow the courts to apply any continuance or relief provisions if a tenant qualifies due to federal employment status or income interruption.
  • Avoid making selective accommodations based on a tenant’s job type or federal employment status, as this may violate equal-treatment and source-of-income protections.

Landlords with a single tenant or a consistent written policy of offering payment plans to all tenants experiencing verified income disruption should not be at risk of discriminatory treatment. 

Vacancy, Concessions, and Shifting Demand

Beyond nonpayment of rent, landlords face a challenge from a different direction: weak demand. As fewer jobs are being created and unemployed or under-employed tenants move out of DC, the supply of available rental units will rise, forcing landlords to compete more aggressively on price and amenities.

Market data already point that direction. The volume of rental listings across the District of Columbia jumped roughly 14 percent year-over-year in September, according to the realtor Multiple Listing Service (MLS) trends, as reported by the Washington Business Journal. Landlords are offering free parking, one-month concessions, or flexible leases to retain quality tenants.

Neighborhoods once buffered by federal stability like Silver Spring, Falls Church, and Alexandria may now see higher tenant turnover. As one Arlington property manager put it, “We used to say federal employees were the safest tenants in America. Now we’re rewriting that rule.”

A Shrinking Workforce, a Softer Market

In addition to the layoffs, the region is contending with a broader identity crisis. “Yesim Sayin, executive director of the D.C. Policy Center, put it bluntly: ‘Beyond federal employment, we relied on tourism. But foreign tourists aren’t coming. And we relied a whole lot on universities bringing talent who would then stay here and be part of our talent pool. And that is kind of gone, too. So what are we now? We just don’t know.’” 1

This uncertainty may impact property values and investor sentiment. When employers relocate, renters follow. If enough mid-career professionals leave, demand for rentals will first soften and then we’ll begin to see a lowering of the average rents a landlord can command for their rental. We have already seen this in the current rental market. Rents that seems reasonable a few years ago, are now being discounted by hundreds of dollars. Landlords who are searching for new renters after several years of having tenants are finding that they need to bring rent levels below where they used to be to secure tenants commitments.

Strategies for Landlords: Staying Solvent and Supportive

In times like these, survival depends on both prudence and empathy.

1. Communicate early. Encourage tenants to disclose financial hardship before missing payments. Written payment plans, properly documented, can forestall eviction while preserving goodwill.

2. Review legal protections. Understand D.C., Maryland, and Virginia rules regarding furlough continuances or income-source discrimination. Seek legal counsel before altering lease terms mid-cycle.

3. Build reserves and credit access. Line up a home-equity or business line of credit to bridge shortfalls. Cash on hand always is helpful to have as a buffer for the impact of income disruption. 

4. Monitor policy developments.  State and local governments are supporting people who are affected by the lay-offs. Landlords can benefit indirectly through their renters who are utilizing these programs to assist them in paying their monthly expenses. 

5. Contact your Congressional representatives to demand the reopening of the federal government. And in D.C., you do benefit from representation, even though they cannot vote. They can influence decisions that matter. 


Scott Bloom is owner and senior property manager of Columbia Property Management.

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Real terrors of homeownership come from neglect, not ghosts

Mold, termites, frayed wires scarier than any poltergeist

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The real terrors of homeownership have nothing to do with ghosts.

Each October, we decorate our homes with cobwebs, skeletons, and flickering jack-o’-lanterns to create that spooky Halloween atmosphere. But for anyone who’s ever been through a home inspection there’s no need for fake scares. Homes can hide terrors that send chills down your spine any time of year. From ghostly noises in the attic to toxic monsters in the basement, here are some of the eeriest (but real) things inspectors and homeowners discover.

Every haunted house movie starts with a creepy basement, and in real life, it’s often just as menacing. Mold, mildew, and hidden water leaks lurk down there like invisible phantoms. At first, it’s just a musty smell — something you might brush off as “old house syndrome,” but soon enough, you realize those black or green patches creeping along the walls can be more sinister than any poltergeist.

Black mold (Stachybotrys chartarum) is particularly fearsome – it thrives in damp, dark places and can cause serious respiratory problems. It’s not just gross – it’s toxic and, while some types of mold can be easily cleaned up, removing black mold can cost more than an exorcism.

Have you ever heard strange buzzing or seen flickering lights that seem to move on their own? Before you call the Ghostbusters, call an electrician. Faulty wiring, outdated panels, and aluminum circuits from the mid-20th century are the true villains behind many mysterious house fires. Home inspectors can also find open junction boxes, frayed wires stuffed behind walls, or overloaded breaker panels that hum like a restless spirit. 

Imagine an invisible specter floating through your home – something that’s been there since the 1950s, waiting for you to disturb it. That’s asbestos. Home inspectors dread discovering asbestos insulation around old boilers or wrapped around ductwork. It’s often lurking in popcorn ceilings, floor tiles, and even wall plaster. You can’t see it, smell it, or feel it—but inhaling those microscopic fibers can lead to serious illness decades later.

Lead pipes, once thought to be durable and reliable, are like the vampires of your water system – quietly poisoning what sustains you. The results of a lead test can be chilling: even a small amount of lead exposure is dangerous, particularly for children. 

And it’s not just pipes – lead paint is another problem that refuses to die. You might find it sealed beneath layers of newer paint, biding its time until it chips or flakes away. This is why, when selling a property built prior to 1978, homeowners must disclose any knowledge of lead paint in the home and provide any records they may have of its presence or abatement.

Scratching in the walls. Tiny footsteps overhead. Droppings in the attic. It’s not a poltergeist – it’s pests. Termites, rats, bats, carpenter ants, and even raccoons can do more damage than any ghost ever could.

Termites are the silent assassins of the home world, chewing through beams and joists until the structure itself starts to sag. Rats and mice leave behind droppings that can spread disease and contaminate food. Bats are federally protected, meaning your haunted attic guests can’t just be evicted without proper precautions. And I once had a raccoon give birth in my chimney flue; my dogs went crazy.

Ever step into a home and feel the floors tilt under your feet? That’s no ghostly illusion – it’s the foundation shifting beneath you. Cracked walls, doors that won’t close, and windows that rattle in their frames are the architectural equivalent of a horror movie scream.

Foundation damage can come from settling soil, poor drainage, or tree roots rising from under the structure. In extreme cases, inspectors find entire crawl spaces flooded, joists eaten by rot, or support beams cracked like brittle bones. Repair costs can be monstrous – and if left unchecked, the whole house could become a haunted ruin.

Some homes hold more than just physical scares. Behind the drywall or under the floorboards, inspectors may uncover personal relics – old letters, photographs, even hidden safes or forgotten rooms. Occasionally, however, there are stranger finds: jars of preserved “specimens,” taxidermy gone wrong, or mysterious symbols scrawled in attic spaces.

These discoveries tell stories of the people who lived there before, sometimes fascinating, sometimes chilling, but they all add to the eerie charm of an old home, reminding us that every house has a history — and some histories don’t like to stay buried.

So, while haunted houses may be a Halloween fantasy, the real terrors in homeownership come from neglect, not ghosts. Regular inspections, good maintenance, and modern updates are the garlic and holy water that turn a trick of a home into a treat.


Valerie M. Blake is a licensed associate broker in D.C., Maryland, and Virginia with RLAH @properties. Call or text her at 202-246-8602, email her via DCHomeQuest.com, or follow her on Facebook at TheRealst8ofAffairs.

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