Secondhand smoke seeping into apartments or condominiums from neighboring units poses both a health risk and a significant nuisance. Living out of control of the air you and your family breathe is a nuisance, breach of statutory duty to keep the premises habitable, breach of the common law covenant of peaceful enjoyment, negligence, harassment, battery, and intentional infliction of emotional distressThe only fail-proof solution to this problem is for buildings to go smoke-free. Require all multi-family buildings, including private units, be smoke-free. Require the declaration of secondhand smoke as a legally actionable nuisance.
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