Secondhand Smoke in Apartment

[emschub]

What is the name of your state (only U.S. law)? North Carolina

We live in an apartment with our newborn baby and have lots of cigarette smoke from our adjacent neighbor that blows in through our vents. Today, the apartment manager admitted that it's because the HVAC system has a t-valve that connects our neighbor's HVAC system to ours and thus lets her smoke in through our vents. She also said there's nothing they can do to prevent her smoke from coming into our apartment.

Considering that secondhand smoke raises the chances of our baby dying from SIDS or getting asthma, we really want to get him out of this environment, but can hardly afford to break our lease and move again right now. We were not verbally informed that this apartment complex was a smoking facility, we can't find it in our lease that this is a smoking facility (but the manager says it is), and we definitely were not informed that the apartment units have HVAC systems that lets air flow between the units.

Were we expected to assume all of these things when we moved in? I would imagine we can't have been expected to know the t-valve HVAC system set up. Do we have any legal leverage on changing the HVAC system or making them waive our fees for breaking our lease and moving?

 

[TheGeekess]

I'd suggest you purchase some air filtration systems.

 

[quincy]

What is the name of your state (only U.S. law)? North Carolina

... We were not verbally informed that this apartment complex was a smoking facility, we can't find it in our lease that this is a smoking facility (but the manager says it is), and we definitely were not informed that the apartment units have HVAC systems that lets air flow between the units ...

Apartment complexes that are NON-SMOKING complexes will almost always advertise their apartments that way and the leases will say that smoking is not allowed. If there is no indication that a complex is non-smoking, you should always assume that the complex rents to smokers.

I do not see that you have any legal leverage to force the property owner to change the HVAC system or any legal support to waiving fees if you break your lease early.

In the future, ASK if smoking is prohibited on the premises and make sure the lease states that the units are non-smoking - although, again, non-smoking apartments/complexes are almost always advertised as non-smoking. In the meantime, and for the duration of your lease, you should consider TheGeekess' suggestion and invest in air filtration systems.

Congratulations on your new baby. I predict you will have many sleepless nights ahead.


Link to North Carolina's Department of Health and Human Services, Tobacco and Control Branch: http://tobaccopreventionandcontrol.ncdhhs.gov/shs/smokefree-places.htm

 

[emschub]

Thanks for the replies. Does it matter that the following is in our lease?

"You and your occupants or guests may not
engage in the following activities: behaving in a loud or obnoxious
manner; disturbing or threatening the rights, comfort, health, safety, or
convenience of others (including our agents and employees) in or near
the apartment community;"

We have discharge papers from when our baby was born at the hospital that say secondhand smoke should be avoided and it lists the dangers. Could that be used to say that our neighbor is endangering his health? Let alone that our clothes smelling like smoke and needing to be rewashed if we let them air dry in the apartment is inconvenient?

 

[quincy]

Thanks for the replies. Does it matter that the following is in our lease?

"You and your occupants or guests may not
engage in the following activities: behaving in a loud or obnoxious
manner; disturbing or threatening the rights, comfort, health, safety, or
convenience of others (including our agents and employees) in or near
the apartment community;"

We have discharge papers from when our baby was born at the hospital that say secondhand smoke should be avoided and it lists the dangers. Could that be used to say that our neighbor is endangering his health?

The law in North Carolina currently doesn't support a viable legal action but if you want to break new ground, here is a link to information on how you could push the issue (and probably lose): http://www.smokefreehousingnc.com/docs/for-residents/legal-options-brochure.pdf?sfvrsn=2

 

[Gail in Georgia]

"Considering that secondhand smoke raises the chances of our baby dying from SIDS"

I know you're a new parent but this is completely untrue.

Gail

 

[Zigner]

"Considering that secondhand smoke raises the chances of our baby dying from SIDS"

I know you're a new parent but this is completely untrue.

Gail

Sorry Gail - but the CDC disagrees with you: http://www.cdc.gov/tobacco/data_statistics/fact_sheets/secondhand_smoke/health_effects/index.htm#sids

 

[TheGeekess]

"Considering that secondhand smoke raises the chances of our baby dying from SIDS"

I know you're a new parent but this is completely untrue.

Gail

Sorry Gail - but the CDC disagrees with you: http://www.cdc.gov/tobacco/data_statistics/fact_sheets/secondhand_smoke/health_effects/index.htm#sids

Shoot, I know children/teens who lived with smokers all their lives that are healthier than those who did not. Go figure.

How did we survive with parents who smoked in vehicles when we were in them? How did we survive not wearing helmets everywhere when we rode our bikes? How did we survive playing outside most of the day without adult supervision? Now, the preshush snowflakes have to be protected from everything; dust, smoke, dirt, germs... and the numbers of children allergic to everything keep going up. Gotta eat a little dirt before you die (and it actually keeps you healthier, because your body will build up all sorts of immunities the more it is exposed).

Of course, the gubmint has an agenda; statistics are manipulated wildly to support those agendas.

 

[eerelations]

Shoot, I know children/teens who lived with smokers all their lives that are healthier than those who did not. Go figure.

How did we survive with parents who smoked in vehicles when we were in them? How did we survive not wearing helmets everywhere when we rode our bikes? How did we survive playing outside most of the day without adult supervision? Now, the preshush snowflakes have to be protected from everything; dust, smoke, dirt, germs... and the numbers of children allergic to everything keep going up. Gotta eat a little dirt before you die (and it actually keeps you healthier, because your body will build up all sorts of immunities the more it is exposed).

Of course, the gubmint has an agenda; statistics are manipulated wildly to support those agendas.

Agree. While the instance of SIDS and/or asthma increases due to secondhand smoke, compared to all those millions of babies who experienced secondhand smoke and who didn't get asthma and/or die of SIDS, the increase is maybe not so large it's worth a lawsuit. I think that OP should invest in some air filters or move to a non-smoking building.

(On a side note, my parents were enthusiastic smokers all their adult lives. They lived to ages 78 and 82, both good ages for their generation. Neither of them died of smoke-related disabilities. Neither of them had smoke-related disabilities. All four of their parents were lifelong smokers too and and they died at ages 72, 75, 86 and 89. Only one of them - the 75-year-old - died of smoke-related disabilities, ironically two years after he quit smoking. My brother and I breathed secondhand smoke throughout our infancies, childhoods and teen years. Neither of us died of SIDS - obviously - and neither of us has asthma or smoke-related disabilities. My brother and I are aged 58 and 60. We are both in good health, other than a thyroid problem - my brother - and mild arthritis - me. My brother has never smoked but I do. Yet my lungs are "in pretty good shape, considering" according to my doctor.)

 

[cbg]

On the other hand, both my mother's parents smoked like chimneys, both of them died of smoking related issues, and my mother has had respiratory issues her entire life.

 

[quincy]

Shoot, I know children/teens who lived with smokers all their lives that are healthier than those who did not. Go figure.

How did we survive with parents who smoked in vehicles when we were in them? How did we survive not wearing helmets everywhere when we rode our bikes? How did we survive playing outside most of the day without adult supervision? Now, the preshush snowflakes have to be protected from everything; dust, smoke, dirt, germs... and the numbers of children allergic to everything keep going up. Gotta eat a little dirt before you die (and it actually keeps you healthier, because your body will build up all sorts of immunities the more it is exposed).

Of course, the gubmint has an agenda; statistics are manipulated wildly to support those agendas.

I know some new, first-time parents who do not want anyone who is a smoker (including the grandparents) to hold their baby for fear that the smoke that clings to smokers' hair and clothes could be inhaled by the baby and for fear that, if their baby sucks on a smoker's finger, the nicotine can be absorbed by the baby.

It makes sense not to allow people to smoke around a baby but ...

That said, I understand the paranoia of first-time parents. After the first baby, parents tend to be a lot more relaxed, even allowing their kids to eat dirt and drink from the dog's water bowl.

Although I still see no lawsuit that can be pursued in North Carolina without great cost and a good investment of time, and with odds against the plaintiff in such a suit being successful, emschub is certainly not alone in wanting to take smokers to court to collect on damages over injuries suffered from tobacco smoke, whether these injuries suffered are real or imagined.

 

[eerelations]

On the other hand, both my mother's parents smoked like chimneys, both of them died of smoking related issues, and my mother has had respiratory issues her entire life.

Of course. And I feel for you, it's terrible about your mother and grandparents, and I will admit to being quite scared for myself sometimes (that's why I insist on lug xrays every year or so). I am not advocating smoking, just saying it doesn't kill 100% of people 100% of the time.

And if I'd had kids, I'd have quit smoking as soon as I learned I was pregnant, and would never have started again. My brother has a son, and when I babysat my nephew of an evening, I would have one cigarette, an hour after putting him to bed (to make sure he was really sound asleep). I would check to make sure he was asleep, go downstairs, take the baby monitor in hand and go out to the part of the back deck where I could see his bedroom window. Then I'd smoke my one cigarette whilst alternating stares at the monitor and the window.

My nephew didn't even know I smoked 'til he was seven or eight.

 

[LdiJ]

Agree. While the instance of SIDS and/or asthma increases due to secondhand smoke, compared to all those millions of babies who experienced secondhand smoke and who didn't get asthma and/or die of SIDS, the increase is maybe not so large it's worth a lawsuit. I think that OP should invest in some air filters or move to a non-smoking building.

(On a side note, my parents were enthusiastic smokers all their adult lives. They lived to ages 78 and 82, both good ages for their generation. Neither of them died of smoke-related disabilities. Neither of them had smoke-related disabilities. All four of their parents were lifelong smokers too and and they died at ages 72, 75, 86 and 89. Only one of them - the 75-year-old - died of smoke-related disabilities, ironically two years after he quit smoking. My brother and I breathed secondhand smoke throughout our infancies, childhoods and teen years. Neither of us died of SIDS - obviously - and neither of us has asthma or smoke-related disabilities. My brother and I are aged 58 and 60. We are both in good health, other than a thyroid problem - my brother - and mild arthritis - me. My brother has never smoked but I do. Yet my lungs are "in pretty good shape, considering" according to my doctor.)

Both my maternal grandmother and my paternal grandmother died at age 85. One of them smoked like a chimney and drank like a fish, and the other was a teetotaler who never smoked a cigarette in her life.

I am a former smoker. I do know and agree that smoking causes health problems. Maybe my grandma who smoked like a chimney and drank like a fish would have lived to 100 had she never smoked. I am far less certain about second hand smoke...and truly worried that not enough studies are being done on the dangers of urban pollution and respiratory disease.

 

[Zigner]

I was only pointing out that the OP was on solid ground when she mentioned the link between second-hand smoke and SIDS. I, too, know of many anecdotal stories wherein folks who smoke to excess lived long and fruitful lives...but I also know many stories of young smokers with all sorts of smoking related ailments.

 

[FarmerJ]

Have you called your city inspections desk to learn if there is a local or state building code requirement that heating systems not contribute to air being exchanged from one unit to another ?