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At least half a dozen Manhattan co-ops are expected to ask shareholders during annual meetings this spring to vote on an all-out smoking ban that would prohibit residents from lighting up in their own homes, real estate attorneys say and another dozen co-op or condo buildings are considering such a vote, according to an article in today's edition of The Wall Street Journal by Craig Karmin.

"New York City," the article continued, "already prohibits smoking in public areas at any building with at least 10 apartments. Attorneys say a number of recent developments have encouraged some buildings to pursue a total prohibition. These include growing concerns over secondhand smoke, the city's recent decision to slap smoking restrictions on parks and other public areas, and fears that residents will sue each other - or the building - over smoking disputes."

"'At every single board meeting we get complaints about smoke and people asking us when will the board do something,' says Steven Michaelson, president of an Upper East Side condominium that is holding a vote soon on banning all smoking," the article said.

Some boards, the article continued, "like Mr. Michaelson's, are putting it to a vote again after a previous effort to ban all smoking failed. Others, like shareholders at a Sutton Place co-op, are considering a vote for the first time."

"Younger residents who grew up in smoke-free public environments tend to be more anti-smoking than older residents. Condo buyers who bought as an investment often oppose a ban, reluctant to limit their pool of renters and fearful they could get stuck with fines if their tenants get caught puffing," the article said.

"It's the one topic, aside from bedbugs, that all co-op boards are talking about," says Aaron Shmulewitz, a Manhattan real-estate attorney, according to the article.

The city's health department says only about 16% of New Yorkers characterize themselves as smokers.

The smoking bans might be tough to enact as "most co-ops require at least two-thirds of all shares to vote in favor of a ban for it to pass, while condos may require three-quarters of all unit owners to approve a ban," the article said.

Steven Sladkus was an attorney for the co-op board at Lincoln Towers in 2002 when the board voted to ban smoking in all units, the article said, adding that "the board quickly rescinded that ban after its insurance company balked at paying defense costs if the board was sued over the action, Mr. Sladkus says."

"Some developers, meanwhile," the article continued, "have already instituted partial bans. Related Cos. owns two downtown and one Upper West Side residential rental properties where existing tenants can smoke in their apartments but new tenants cannot. 'We expect those buildings will be at least 97% smoke-free within three years,' says Jeff Brodsky, president of Related Management. 'And we could add new buildings that will be entirely smoke-free.'"
Architecture Critic Carter Horsley Since 1997, Carter B. Horsley has been the editorial director of CityRealty. He began his journalistic career at The New York Times in 1961 where he spent 26 years as a reporter specializing in real estate & architectural news. In 1987, he became the architecture critic and real estate editor of The New York Post.