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Public Health and Safety > Who Has The Right?

  Posted By

April 15, 2008, 10:41 am
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skatss  

  Subject

Who Has The Right? 

  

Cigarette Smoke Coming From Your Neighbor's Apartment?

The smell of cigarette smoke coming from someone else's apartment is a big problem here in NYC. I know I hate it when I smell my upstairs neighbor smoke and it stinks up my apartment. I don't smoke and I don't let anyone who comes to my place smoke. But the idea that there should be a law that won't let people smoke in their own home sounds wrong too.

So a couple here in NYC with a child sued their neighbor who smoked and stunk up their apartment and the shared hallway. They said that her bad habit was putting their child's health in jeopardy

Unfortunately nothing was really settled or made into law. A manufacturer has donated an air cleaning machine along with smokeless ash trays to the smoker and she has promised to use them.

What do you think? Who should have the law behind them? Should people have the right to smoke in their home, or do people have the right not to have to breath smoke from a neighbor's bad habit? 

Comments

 

April 15, 2008, 11:05 am
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MSeal says...

  

I don't know… I could go either way on the issue. I could see where the smoker has the right to smoke in his own house, on the same note, I don't think it’s fair that the other couple have to deal with the health hazard of second hand smoke in their home. If the smokeless ash trays and air purifier keep the smoke out of others homes, then they may need to become mandatory. 

 

April 15, 2008, 11:34 am
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ewills says...

  

Tough decision, but I think the family of non-smokers should get the judgment. The smoker should have some common courtesy and not smoke in the apartment when they are there. People should not have to have health risks because of someone else’s bad decision.  

 

April 15, 2008, 12:30 pm
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hect says...

  

If a smoker rents a place that allows smoking, they have every right to do so. While they can ventilate better they still have that right. 

 

April 15, 2008, 4:23 pm
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mom2many says...

  

I don't know... I think in a perfect world a smoker should have the right to smoke in their own home, but when you live in a co-op, or a building with shared space, and your smoke is not contained to your own space only that is a big problem. 

 

April 15, 2008, 7:02 pm
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Picofhlth says...

  

The real issue here is not the smoking in the home it is the smoke leaving the home and going into someone else's home. I belief you should have the right to smoke in your home but you have the responsibility to not pollute someone else's space. By the same token a barking dog is not the neighbor's problem as long as they can't hear it. 

 

April 16, 2008, 12:24 pm
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Missy says...

  

It's a tricky situation and more than likely the answer will be biased to the preference of each person. Since I don't smoke I wouldn't want to encourage this person to continue smoking at the risk of other getting sick, but if I did I would say I have a right in my space to whatever I please. 

 

April 18, 2008, 8:19 am
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K to the J says...

  

I hate people that smoke near me. I would definitely hate if someone stunk up my place with cigarette smoke.

You can use air fresheners/air filters to get rid of the smoke smell.

I hate people that smoke - there is really no need to. Maybe smoking occasionally is fine, but there's no need to be smoking this day in age - we know what it does now. 

 

May 10, 2008, 10:23 pm
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Ozzie says...

  

When we stay in a hotel, we are able to get a non-smoking wing of the hotel. I'm surprised this kind of thing isn't available in apartment buildings. It would probably help out a lot of people if it was.  

 

June 10, 2008, 2:18 pm
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bubble says...

  

I cannot believe that you can live in an apartment and smell the smoke of your neighbours.

Of course evey mans home is his castle, but maybe there should be some sort of designated somking area within the building. 

 

July 12, 2008, 6:37 am
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Louise31 says...

  

You cant ban people from smoking in their own homes whatever next ban them from breathing! 

 


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