is there a law against smoking near a neighbors window forcing them to breathe in the toxic? (Nice: 2015, rentals)

[55555]

Originally Posted by Fantasm

Hi,

I'm trying to find out if there is a law in Los Angeles county that some how restricts or bans smoking in an apartment building when that smoke makes its away into neighbors homes through the windows, forcing them to breathe in that second hand smoke!

I don't know if building can specifically say they are smoke free and not allow people in them like the city buildings & hospitals which require you to be twenty-five feet away from their doorways. I've never seen a sign that says anything about the smoke going in the windows?

[bstan]

They have passed a law in CA saying that a landlord can restrict and/or prohibit its tenants from smoking in rental properties. You can wage a complaint against your landlord if you are being adversely affected by the smoke - especially if you have asthma or other respiratory disorders that are affected by it. You can check your lease agreement and most likely there is a "nuisance" clause in it and smoke definitely falls under "nuisance". You can use that clause, along with your discomfort and illness or stated knowledge of the toxicity of second hand smoke and tell the landlord (in writing) about it. The landlord is actually required to move the smoker, if you are being adversely affected in a serious way per the Federal Fair housing act, if you can show that you have a severe reaction to smoke. Even if you don't "smoke" is still considered a nuisance and the landlord must remedy the situation for you. Currently there are laws in some places in CA forbidding smoking in rental units. These places you can check out by googling non smoking bans, or no smoking news.

[Harrier]

The fact that there are people griping about smokers on this forum and advocating for a law to prevent people from doing something on there own property is a symptom of our country's ongoing degeneration. Do any of you ever think that maybe the smoker doesn't know they are causing you discomfort and if they did know they might be willing to do something about it? If all of you would get up off your lazy butts, walk downstairs and politely ask the smoker to modify their behavior - most likely they will try to accomadate you. People have become wimps! They won't try to solve problems anymore and instead seek out "the government" to do everything. PATHETIC!

[EscapeCalifornia]

Originally Posted by Harrier

The fact that there are people griping about smokers on this forum and advocating for a law to prevent people from doing something on there own property is a symptom of our country's ongoing degeneration. Do any of you ever think that maybe the smoker doesn't know they are causing you discomfort and if they did know they might be willing to do something about it? If all of you would get up off your lazy butts, walk downstairs and politely ask the smoker to modify their behavior - most likely they will try to accomadate you. People have become wimps! They won't try to solve problems anymore and instead seek out "the government" to do everything. PATHETIC!

I lived above someone who smoked inside their apartment so much it seeped through the floor and even set off OUR smoke detector once. When approached about it, he shrugged his shoulders and asked if we'd ever considered living on the first floor instead so smoke wouldn't rise into our apartment. In my experience, most smokers are either so immune to the smoke they don't have any idea how bad it smells or they simply don't care.

[Fontucky]

Originally Posted by Harrier

If all of you would get up off your lazy butts, walk downstairs and politely ask the smoker to modify their behavior - most likely they will try to accomadate you.

Yes, because as everyone knows, people who are addicted to the most addictive substance on the planet are well-known for their accommodating nature when it comes to where/when they dose themselves.

[Harrier]

I am sorry both of you have met with bad experiences in attempting to reason with certain smokers. However, this does not mean that a law should be passed regulating what one does in their personal space. In fact Fontucky - from what you wrote - I can't say that you have even tried. Your mindset is hardwired because of your negative perception of a certain subset of the population. Is everybody supposed to conform their behavior to how YOU think things should be? Escape - keep trying to reach those who simply are immune to the smoke - I know you will find those who care. Fontucky - there is no hope for you I'm afraid.

[Fontucky]

Once in awhile on warm evenings a neighbor's cigarette smoke will be sucked into my house via the fan I use to pull cooler air through. Here's how I handle it: I shut that window and open one on the other side of the house. I'm not the type to complain, unless someone lights up at the table next to me in a restaurant while I'm trying to enjoy a meal. But that behavior is as rare as hen's teeth these days, thanks to those wonderful smoking laws that I heartily endorse.

But that has nothing to do with the response one can expect when one confronts drug addicts.

See what you get for assuming?

[EscapeCalifornia]

Originally Posted by Harrier

However, this does not mean that a law should be passed regulating what one does in their personal space

When their smoke enters my apartment, its no longer just an issue of their personal space. Its no different than lawns against blasting music at 2am except smoke can actually do physical harm.

Originally Posted by Harrier

Escape - keep trying to reach those who simply are immune to the smoke - I know you will find those who care.

I already moved.

[Lovehound]

I don't understand why anybody expects people who willingly take this substance into their lungs (killing themselves a little at a time) would care if they're hurting anybody else (let alone annoying other people).

I'm thankful that smoking is banned in restaurants and other businesses. I just try to avoid it wherever else, try to live far enough away from these people that I don't have to be subjected to it at home.

[Harrier]

@Fontucky

I was not "assuming" anything - your sarcastic comment led me to doubt that you had ever attempted to talk to a smoker about issues you may experience. Escape did and that is commendable. Nice to see you found another solution - by opening another window. Perhaps you have never had to take the step of having a face to face conversation because you solved the problem yourself. But for someone who appears to tend their own fences ("I'm not the type to complain"), it is troubling that you are such a staunch supporter of anti-smoking laws.

For what it is worth, I am not a smoker. I have been fortunate to have a good friend who advised me to never start. I experimented early on, but do not smoke today. As a non-smoker I have never met any smoker who did not respond positively when i requested they smoke away from me if it was not possible for me to be elsewhere. It appears most persons responding to this thread have met with negative results. This is sad - but it does NOT constitute a need for a heavy handed government intervention.