Living
Banning smoking in apartments, condos
What every association and owner should know
(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].
Real Estate
Impact of federal gov’t RIF on D.C.’s rental market
A seismic economic change for local property owners
In a move that could redefine the federal government workforce and reshape the economic fabric of Washington, D.C., President Donald Trump has announced his intentions to significantly reduce federal government spending as well as the number of people the federal government employs.
Calling the federal bureaucracy “bloated” and “out of control,” Trump has repeatedly expressed his desire to cut thousands of federal jobs. While these cuts align with his long-standing push to “drain the swamp,” they come with potential and real collateral damage, especially for landlords in the D.C. area who have relied on government employees as some of their most reliable and long-term tenants.
The potential reduction of thousands of jobs in a city built around government work is not just a political shift—it’s a seismic economic change for the city government as well as for local property owners who have invested in the predictability of a near-constant demand for workers in the federal government agencies, government contractors and the economic ecosystem they sustain.
For landlords, government workers have represented ideal tenants: strong income, long-term leases, and responsible rental histories. Now, that foundation is being shaken in a battle by the Administration against a workforce which is the backbone of the Washington area’s overall economy, and especially its rental market.
With uncertainty looming, landlords are left in a difficult position. If widespread layoffs come to fruition, rental vacancies could spike, rental prices would drop, and previously secure investment properties might become financial liabilities. The sudden shift forces landlords to consider their next moves: how to support tenants facing job losses, how to adapt to a changing market, and how to ensure their own financial stability amid the uncertainty.
For D.C. landlords, this isn’t just about policy shifts or budget cuts, it’s about economic livelihood. The challenge ahead isn’t about just reacting to change, but proactively preparing for it, ensuring they can weather the storm of political maneuvering.
Potential Consequences for D.C. Landlords
- 1. Increased Risk of Non-Payment of Rent
- Job losses may lead to late or missed rent payments
- As affected tenants struggle financially, they may ask to break their lease to live elsewhere or even move out of the region
- Eviction lawsuits may rise, leading to a long and expensive process for landlords, all while not being able to rent their property to paying tenants.
- 2. Higher Vacancy Rates
- If many government employees leave the D.C. region in search of work elsewhere, the rental demand could decline significantly
- Rental properties may sit empty longer, requiring landlords to lower rents to attract new tenants and creating even more financial loss
3. More Competition from Other Landlords
- As many more units are vacant on the market, all competing for the same pool of potential tenants, older and smaller rentals, and those located further out from the core of the city will all struggle to find quality renters.
- Landlords will need to offer other ways to attract and retain tenants, such as incentives, which could quickly overwhelm the finances of smaller landlords who cannot keep up.
Proactive Strategies for Landlords
To mitigate risks and ensure future rental success, landlords should consider these defensive measures:
1. Strengthen Tenant Relationships and Communication
- Encourage tenants to communicate if they anticipate financial hardship due to job loss.
- Work out temporary payment plans or partial payments to prevent full non-payment or eviction.
- Provide guidance on rental assistance programs available in D.C.
2. Offer Flexible Lease Terms
- Consider shorter-term leases than a full 12-month term to accommodate the needs of tenants who may be uncertain about their long-term employment status.
- Offer lease renewals at the same rent amount to keep stable tenants and avoid turnover
3. Diversify Tenant Base
- If a large portion of tenants are government workers, a landlord may want to market to a broader audience or professionals in private industries.
- Advertise on platforms that cater to diverse tenant pools, including students and international workers.
4. Adjust Screening Criteria Thoughtfully
- While it’s important to ensure financial stability, consider creditworthiness, assets, and rental history rather than just employment status.
- Consider alternative income sources, like family members assisting, part-time work or freelance gigs.
5. Protect Cash Flow with Rent Guarantee Options
- Explore rental insurance policies or rent guarantee services to cover losses in case of non-payment.
- Consider co-signers or guarantors on leases for new tenants in vulnerable industries, just in case.
6. Adjust Rental Pricing to Stay Competitive
- Monitor the D.C. rental market and adjust pricing accordingly to attract new tenants.
- Consider offering move-in incentives as a way to stand out. Be creative! Sometimes things you can offer are different and may catch someone’s eye
Long-Term Planning for Rental Success
- Build reserves to cover expenses during potential vacancies or rent shortfalls.
- Invest in property upgrades to make rentals more attractive to a broader audience, such as young professionals or remote workers.
- Consider diversifying property holdings to include areas that are less reliant on government employment.
By taking proactive steps, landlords can safeguard their investments while supporting tenants through economic uncertainty, ultimately leading to a more stable and resilient rental business.
Scott Bloom is owner and senior property manager at Columbia Property Management. For more information, visit ColumbiaPM.com.
As the spring market hits its stride, we are beginning to see more inventory and an increase in days on the market in parts of the DMV. This may result in professional home inspections becoming routine parts of contract offers again. A thorough home inspection can help catch safety issues early and is an opportunity to learn about the operation and maintenance of items in your home.
Pay attention to flickering lights, frequently tripped breakers, and discolored outlets—these are signs of potential electrical hazards. Outdated wiring, overloaded outlets, and faulty appliances can lead to electrical fires.
Structural issues are often overlooked until it’s too late. Crumbling foundations, weak or damaged stairs, loose railings, and uneven flooring can cause trips and falls. Water damage from leaks or flooding can weaken the integrity of floors and walls, creating a risk of collapse.
Toxic chemicals can pose serious threats to health and safety, often without obvious warning signs. Understanding and addressing these risks is crucial for maintaining a safe living environment for you and your loved ones.
Household products such as cleaners, pesticides, air fresheners, and even cosmetics can emit volatile organic compounds (VOCs). These compounds, when inhaled regularly, can cause a range of health issues including headaches, respiratory problems, hormonal disruptions, and in some cases, even cancer. To minimize these risks, homeowners should opt for low-VOC or VOC-free products, ventilate regularly, and consider investing in an air purifier.
Formaldehyde is another common toxin found in pressed wood products, insulation, and certain paints. Long-term exposure can lead to chronic respiratory problems and has been linked to cancer.
Radon gas, another possible carcinogen, is prevalent in the DMV. Your home inspector can do a radon test or there are DIY kits available at many hardware stores. If levels are above EPA standards, a professional remediation firm can install a system that extracts the radon and vents it safely outdoors.
Carbon monoxide (CO), a colorless, odorless gas, is produced by gas stoves, heaters, and fireplaces. Exposure can lead to headaches, dizziness, nausea, and even death. Install CO detectors near bedrooms and ensure that all fuel-burning appliances are properly maintained and ventilated.
Additionally, older homes may still contain asbestos in insulation, floor tiles, or roofing materials. If disturbed, asbestos fibers can become airborne and are highly dangerous when inhaled, leading to serious diseases such as mesothelioma, so when renovating an older home, it’s critical to have materials tested for asbestos before beginning work.
Mold and mildew thrive in damp, poorly ventilated areas such as bathrooms, basements, and around leaky pipes. While some molds are harmless, others can cause allergic reactions or respiratory problems and aggravate conditions such as asthma. Black mold (Stachybotrys chartarum) is notorious for producing mycotoxins that may lead to severe health issues.
Signs of mold include musty odors, visible growth on walls or ceilings, and excessive humidity. Preventing mold growth requires controlling moisture levels—using dehumidifiers and vapor barriers, fixing leaks promptly, and ensuring adequate ventilation. Professional mold remediation may be necessary for severe infestations.
Though banned in residential paints in 1978, lead-based paint still exists in millions of older homes. Lead exposure is especially dangerous for children, causing developmental delays, learning difficulties, and behavioral issues. Adults are not immune – lead can lead to high blood pressure, kidney damage, and reproductive problems.
Even dust from deteriorating lead-based paint can be hazardous. The EPA recommends professional lead testing for any home built before 1978, especially if renovations are planned. Certified abatement professionals can safely remove or encapsulate lead paint.
Improper use of heating equipment, fireplaces, unattended candles, and cooking accidents are common sources of home fires. Smoke alarms and fire extinguishers are essential for early detection and response. Test smoke detectors monthly and change batteries at least once a year.
Homes that are safe for adults may not be safe for children or pets. Small objects, unsecured cabinets, toxic plants, and open staircases can pose significant risks. Childproofing measures such as outlet covers, safety gates, and cabinet locks, along with safe storage of chemicals and medications, are essential precautions.
The good news is that many of these risks can be mitigated with awareness and action. Here are a few simple steps to enhance home safety:
• Conduct a thorough safety audit using checklists available online.
• Ensure proper ventilation to reduce indoor air pollutants.
• Regularly check for leaks and signs of water damage.
• Keep cleaning and chemical products out of reach of children.
• Educate all household members about emergency procedures, including fire escapes and first aid.
Our homes should protect us, not pose threats to our well-being. By identifying and addressing these toxic and unsafe issues, we can transform our living spaces into truly safe havens.
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.
Advice
I make more money than my partner and getting resentful
She’s taking advantage of a joint credit card
Hi Michael,
I make a fair amount more money than my girlfriend does and I’m happy to contribute more to our life (we are both in our 20s and living together).
But Meg doesn’t seem to care how much money she spends and then asks me to front her when she’s running low. She seldom pays me back.
Last week she had a big night on the town with her best friend (formerly her girlfriend) for the friend’s 30th birthday. She hired a limo and spent a lot on drinks and dinner. She put the entire night on our joint card which we are only supposed to use for shared household expenses, because she had maxed out her own card. Of course I will wind up paying for it. (And I am slightly jealous. Why am I paying for her evening out with her former GF?)
I pay for all sorts of stuff all the time because her credit card gets too big for her budget.
And somehow I almost never end up getting her share of the rent, which is already prorated according to our incomes.
She always tells me she’ll pay me back but her tab pretty much just keeps getting bigger.
If I bring this up with her, she tells me I am cheap because I make a lot and we’re a couple; and if she made more, she’d have no problem sharing everything with me.
Am I just being ungenerous? I don’t know. Sometimes I think she’s an ingrate, but then I think if you’re in love, you shouldn’t be thinking of money, just taking care of the person you love.
Also, although I make more than she does, I’m by no means rich. I have my own student loans, and paying for the bulk of our lifestyle stretches me thin some months.
Michael replies:
For starters: Most couples must contend with some version of your struggle with Meg, because most couples have some income disparity.
Do you maintain a lifestyle that both of you can afford? That works for some relationships where the lower earner may not want to feel indebted to the partner who makes more. Other couples work out a system where they pay for expenses in proportion to their income. And in some instances, the higher earner may have a “what’s mine is yours” philosophy and the lower earner is OK with that.
What matters is that both partners come to a mutual agreement and are comfortable with the arrangement. In other words, they collaborate.
That’s not the case with you and Meg. You sound resentful, angry, and feeling like Meg is taking advantage of you.
It’s great to be generous in your relationship, but it’s also important to have a boundary when you think it’s important to have a boundary. Yet you’re continuing to subsidize Meg even when you have trouble making your own ends meet.
Important question: Have you told Meg that you’re stretched thin some months? If not, I’d be curious as to how you’ve made that decision. If so, I’d be curious as to Meg’s response.
If you don’t want to keep serving as Meg’s piggy bank, what is stopping you?
There’s a great saying in psychotherapy: If it’s hysterical, it’s historical. Meaning, our “big” actions and reactions have their roots in our history.
Think about your life history: How does it make sense that you are acting like a powerless victim?
Is not having a boundary an old and familiar dynamic for you? Were there important players in your life—for example, your parents—who insisted it was their way or the highway? Or perhaps you learned as a kid that if you ever said “no” to your friends, there’d be negative consequences?
Now ask yourself what might be keeping you stuck in a relationship of resentment. Are you re-creating an old and familiar dynamic? Sometimes we keep putting ourselves in the same miserable situation, over and over again. What’s familiar can be comfortable, even if it’s miserable; and we may be trying to get some understanding of the dynamic and some power over it, to finally get it right.
I’m just speculating here, to encourage you to think for yourself why you are staying in the dynamic you describe. You haven’t mentioned anything positive about your relationship, or about Meg.
Another possibility: I wonder if you might be so fearful of being alone that you’re willing to tolerate all sorts of treatment in order to stay in your relationship. Or perhaps you don’t think you deserve to be treated any better than this.
Again, if this is the case, where might this belief be coming from? Understanding why we are stuck in behaviors that keep us miserable can help us to get unstuck.
You have an opportunity to do something different here: Set a boundary and take power over your life. Perhaps if you did so, Meg would surprise you by shifting her stance, which would be good news if you have some good reasons to stay. Or perhaps she would not. Your challenge now is to get some sense of what’s holding you back, if you want something different for yourself. And unless you act on your own behalf, you will stay in this position.
One more point to consider, regarding Meg’s dinner date with her ex: Whether or not anything is going on, I take your jealousy as a sign that you don’t trust Meg. And without trust, you can’t have a decent relationship.
Michael Radkowsky, Psy.D. is a licensed psychologist who works with couples and individuals in D.C. 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].
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