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Bill Would Ban Smoking In All Future Subsidized NYC Apartments


By

Emma Whitford

Published Apr 28, 2017

Modified Apr 28, 2017


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By

Emma Whitford

Published Apr 28, 2017

Modified Apr 28, 2017


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One week after Mayor de Blasio declared the cigarette industry "public enemy number one" with a package of bills aimed to limit tobacco sales, City Council Member Donovan Richards heard testimony Thursday on a bill that would ban smoking cigarettes, cigars and pipes in all future residential buildings built or rehabilitated using city subsidies.

The legislation would impact the remainder of projects promised under Mayor de Blasio's affordable housing plan, totaling close to 140,000 below-market-rate apartments, Crain's reports. The rule would also apply to market-rate units inside buildings funded with the 421-a subsidy, which provides tax breaks to developers who designate a portion of new apartments below market-rate.

Council Member Richards was inspired by a plan on the federal level to ban smoking in public housing developments, according to spokesman Jordan Gibbons.

"We knew they were going to do the public housing thing and we wanted to jump on it," Gibbons said. "We feel people should not be forced to breathe in the second hand smoke from their neighbors."

Critics of residential smoking bans say they are skeptical of the consequences for violators. While HUD guidelines leave it up to individual jurisdictions to establish enforcement guidelines for the public housing smoking ban, the federal department does recommend "lease enforcement actions."

"Evictions are not something we want to happen from this," Gibbons said. "Consequences for violations would be on the administration [to decide]."

Real estate lobbying groups also said they opposed the bill. Frank Ricci of the Rent Stabilization Association said that while the legislation will not impact the rent-stabilized landlords he represents, the group is still opposed on principal.

"How do you enforce it?" he said. "If you say there is no smoking in the building, and someone complains, the owner is powerless to do anything. It gives them legal exposure without remedy."

The Real Estate Board of New York, which represents developers, testified on Thursday that, "The inability to smoke within the private residence in these buildings could devalue units."

A spokeswoman for Mayor de Blasio said that City Hall is opposed to the bill.

"We don't support this provision," said spokeswoman Olivia Lapeyrolerie. "We do support the concept of smoke-free housing and would welcome more discussion about how to do so without unfairly targeting low income New Yorkers."

Gibbons described the proposal as a healthful "luxury," not a burden. "We don't care if you have no money, or all the money," he said. "We just want people to have this luxury."

Richards's bill has ten sponsors in the City Council.

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housing subsidy

smoking

smoking ban


Emma Whitford

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Gothamist is funded by sponsors and member donations


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