[Adopted 4-12-2021 by L.L. No. 2-2021]
This article shall be known as the "Albany County Smoke-Free Common Areas Law."
This article is adopted pursuant to the provisions of New York Municipal Home Rule Law § 10(1)(ii)(a)(12).
A. 
This Legislature finds that, each year, 41,000 people die prematurely from exposure to secondhand smoke. According to the U.S. Surgeon General, there is no safe level of secondhand smoke exposure. E-cigarette aerosol (often called "vapor") can also contain harmful and potentially harmful substances, including nicotine, ultrafine particles, flavoring chemicals, volatile organic compounds and heavy metals. For tenants and owners of multiple-unit dwellings, such as apartments and condominiums, tobacco smoke and vapor from a neighboring unit that infiltrates their homes results in daily exposure to many hazardous chemicals due to secondhand smoke and vapor which travels through lighting fixtures, cracks in walls, shared heating and ventilation, around plumbing and under doors.
B. 
Therefore, it is the purpose of this article to protect the public health and welfare of the residents of Albany County by prohibiting smoking and "vaping" in common areas in multiple-unit dwellings.
As used in this article, the following terms shall have the meanings indicated:
DWELLING UNIT
Any room or group of rooms located within a dwelling which forms a single habitable unit with facilities which are used or intended to be used for living or sleeping by human occupants.
INDOOR COMMON AREA
Every interior enclosed or unenclosed area of a multiple-unit dwelling that residents of more than one unit are entitled to enter or use, including but not limited to halls, lobbies, interior courtyards, elevators, stairs, community rooms, clubhouses, gym facilities, rest rooms, laundry rooms, cooking areas, eating areas and meeting rooms.
MULTIPLE-UNIT DWELLING
Any dwelling which is rented, leased or subleased out to be occupied as the temporary or permanent residence or home of three or more families or groups of tenants living independently of each other in separate dwelling units.
SMOKING
The combustion of any cigar, cigarette, tobacco, marijuana or any similar article or any other combustible substance in any manner or in any form.
VAPING
The release of tobacco, nicotine, marijuana or e-cigarette aerosol or vapor in any manner or in any form via e-cigarette, Juul or other similar device.
Smoking and vaping are prohibited in indoor common areas of multiple-unit dwellings, and within five feet of any outdoor ventilation intake.
A. 
Any tenant or invitee of a tenant of a multiple-unit dwelling who violates the provisions of § 242-29 of this article shall be subject to the imposition of a civil penalty by the Commissioner of Health of not more than $250 for a first violation, $350 for a second violation and $500 for each violation thereafter.
B. 
Any property owner, property manager and/or other person having control of a multiple-unit dwelling who violates any provision of § 242-31 of this article shall be subject to the imposition of a civil penalty by the Commissioner of Health of not more than $250 for a first violation, $350 for a second violation and $500 for each violation thereafter. Proof of compliance with the provisions of § 242-31 of this article shall serve as an absolute defense to a charge pursuant to this article.
A. 
Property owners, property managers and/or other persons having control of a multiple-unit dwelling shall include in their written lease agreements dated after the effective date of this article that smoking and vaping are prohibited in all indoor common areas of the building(s). In instances where a written lease is not used, property owners, property managers and/or other persons having control of a multiple-unit dwelling must advise, in writing, such tenants that smoking and vaping are prohibited in all indoor common areas of the building(s).
B. 
Property owners, property managers and/or other persons having control of a multiple-unit dwelling shall post conspicuous signage at major entrances to the building(s) and in indoor common areas, stating that smoking and vaping are prohibited in all indoor common areas of the multiple-unit dwelling.
C. 
Violations of this article by a tenant or invitee of a tenant shall constitute just cause to bring an eviction proceeding against the tenant, to the extent allowable by state and local law.