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Old 02-18-2012, 02:28 PM
 
6 posts, read 13,526 times
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Tenant v. Tenant v. Landlord question
I live in a 3 family home in Bergen County, NOT owner occupied. One couple on 1 floor constantly smoke marijuana and it rises up to my floor causing health problems for me (migraines, etc). The person utilizing the substances also receives Section 8.

I have addressed this with my landlords but to no avail; they refuse to do anything. I have notified Section 8 and they are trying to help as best they can but again there is little they can do. In addition, I have tried to call the police to come every time there is the overwhelming odor of marijuana smoke and they are powerless to do anything without probable cause.

Does ANYONE have any suggestions?
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Old 02-18-2012, 03:16 PM
 
Location: Austin, TX
16,779 posts, read 43,300,359 times
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Where is Bergen County? In some states use of medical marijuana is legal.

Personally I think you are getting overly concerned about nothing. I have never heard that there is any evidence for "rises up to my floor causing health problems for me (migraines, etc)".

You can always ask the cops what you need to do to help them get probable cause.
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Old 02-18-2012, 04:53 PM
 
6 posts, read 13,526 times
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Bergen County is in NJ (no med. marijuana here), and its a really old house, probably built in the 30s or 40s, originally a 1 family home turned into a 3 family. If you can smell sauce cooking throughout the whole house when you're cooking you can smell pot throughout the house when it's being smoked. And unfortunately you may not get migraines from inhaling smoke, but I do.
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Old 02-18-2012, 04:55 PM
 
6 posts, read 13,526 times
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Did I mention there are also 4 minor children in the building, my own 9 year old son included, and I have a problem with his having to deal with this. I'm not 420 unfriendly but just don't want it around myself and my child.
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Old 02-18-2012, 05:59 PM
 
Location: Southern New Hampshire
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A report of an "overwhelming odor of marijuana" isn't probable cause? I would be pretty pissed off.

Have you asked the neighbors to stop their illegal activity?
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Old 02-18-2012, 06:22 PM
 
2,688 posts, read 6,664,134 times
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Default Well, my friend..

Quote:
Originally Posted by yankeerose828 View Post
Tenant v. Tenant v. Landlord question
I live in a 3 family home in Bergen County, NOT owner occupied. One couple on 1 floor constantly smoke marijuana and it rises up to my floor causing health problems for me (migraines, etc). The person utilizing the substances also receives Section 8.

I have addressed this with my landlords but to no avail; they refuse to do anything. I have notified Section 8 and they are trying to help as best they can but again there is little they can do. In addition, I have tried to call the police to come every time there is the overwhelming odor of marijuana smoke and they are powerless to do anything without probable cause.

Does ANYONE have any suggestions?
Only other option would be to move.
Koale
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Old 02-18-2012, 08:20 PM
 
26,801 posts, read 41,539,992 times
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Keep calling the cops...as long as you have a good reason to call them....you don't want to be annoying and waste important time that cops need for other stuff but if you have a valid reason than it will become so annoying for the tenants that they will move out at some point.

It is a nasty smell, I wouldn't like it either but than ...I don't like smoking at all.
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Old 02-18-2012, 09:31 PM
 
27,256 posts, read 55,725,951 times
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HUD has a zero Illegal Drug Use policy... it means the family looses Section 8...

The kicker is the medical Marijuana laws... if a Physician has prescribed it... it is no longer illegal... depending on who is interpreting.

Many cities out West have decriminalized Marijuana for personal use...
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Old 02-19-2012, 04:24 AM
 
16,089 posts, read 21,324,607 times
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Quote:
Originally Posted by yankeerose828 View Post
Tenant v. Tenant v. Landlord question
I live in a 3 family home in Bergen County, NOT owner occupied. One couple on 1 floor constantly smoke marijuana and it rises up to my floor causing health problems for me (migraines, etc). The person utilizing the substances also receives Section 8.

I have addressed this with my landlords but to no avail; they refuse to do anything. I have notified Section 8 and they are trying to help as best they can but again there is little they can do. In addition, I have tried to call the police to come every time there is the overwhelming odor of marijuana smoke and they are powerless to do anything without probable cause.

Does ANYONE have any suggestions?
They don't consider the fumes probable cause??? They could smell it and it would be probable cause, good grief.
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Old 02-19-2012, 04:31 AM
 
16,089 posts, read 21,324,607 times
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Call CPS, or whatever your child protection is called. I would be pissed too. You said there were 3 neighbors, do the other neighbors smell it also? DEA? Is this a non-smoking building?? If it is, wouldn't "smoking" period be an infraction. Your LL doesn't do anything in response to your complaints??? You and the other tenant should file a small claims case, either against the smokers, the Section 8 Agency, or your LL., that will get them to stop. Go for punitive damages, and child endangerment, since your child is being subjected to these fumes....and who knows what is in them really. There will be some sort of paper trail. What if you applied for a job and failed your drug test because of the ongoing inhalation, talk about second hand smoke. And believe me, if the person has papers filed, where you have legally charged them, somebody will take note. At least imo
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