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§ 17-506.1 Obligation of owners of class A multiple dwellings to adopt and disclose a smoking policy.
   a.   Adoption of smoking policy.
      1.   The owner of a class A multiple dwelling shall adopt a smoking policy.
      2.   The smoking policy shall address all indoor locations of the class A multiple dwelling, including common areas and dwelling units, and all outdoor areas of the premises, including common courtyards, rooftops, balconies, and patios, and any outdoor areas connected to dwelling units.
      3.   The smoking policy shall apply to tenants, including invitees of tenants, and any other person on the premises.
      4.   The smoking policy or any material changes thereto shall not be binding on a tenant renting or leasing a dwelling unit during the term of the lease, sublease, or other rental agreement in effect at the time of the adoption of such smoking policy or of any material changes thereto, unless otherwise provided in such lease, sublease, or other rental agreement.
      5.   The smoking policy or any material changes thereto shall not be binding on any tenant in occupancy of a rent controlled or rent stabilized dwelling unit prior to the adoption of the initial smoking policy required by this section or on any family member who succeeds to the rights of such tenant, as required by subdivision 4 of section 14 of the public housing law.
   b.   Disclosure of smoking policy.
      1.    Upon adoption of a smoking policy, the owner of a class A multiple dwelling shall provide a copy of the building’s smoking policy to all tenants or post, in a prominent location within such dwelling, a copy of the building’s smoking policy.
      2.   Except as provided in paragraph 3 of this subdivision, the owner of a class A multiple dwelling shall incorporate the building’s smoking policy into any agreement to rent or lease a dwelling unit in such building.
      3.   In a condominium or cooperative apartment corporation, the condominium unit owner or tenant-shareholder of a cooperative apartment corporation shall incorporate the building’s smoking policy into any agreement to rent or purchase the dwelling unit or shares in the cooperative apartment corporation.
      4.   In a condominium, the board of managers shall incorporate the building’s smoking policy into the condominium bylaws or rules.
      5.    In a cooperative apartment corporation, the board of directors shall incorporate the building’s smoking policy into the bylaws or rules of the cooperative apartment corporation.
      6.   A tenant who is renting or leasing a dwelling unit shall incorporate the building’s smoking policy into any agreement to rent or lease the dwelling unit to a subtenant or sublessee.
      7.   Annual disclosure of the smoking policy. On an annual basis, the owner of a class A multiple dwelling shall provide a copy of the building’s smoking policy to all tenants or post, in a prominent location within such dwelling, a copy of the building’s smoking policy.
   c.   Notification of a material change to smoking policy. The owner of a class A multiple dwelling shall provide notification in writing to all tenants of any material change to the smoking policy or post, in a prominent location within such dwelling, any material change to the smoking policy.
   d.   Document retention. The owner of a class A multiple dwelling shall make available for inspection by the department copies of the following:
      1.    the disclosure required by paragraph 1 of subdivision b of this section, or the annual disclosure required by paragraph 7 of subdivision b of this section, for the current year; and
      2.   each notification of a material change made within the past year pursuant to subdivision c of this section.
(L.L. 2017/147, 8/28/2017, eff. 8/28/2018)