Buffalo Adopts Smoking Disclosure Law For Landlords/Tenants

BUFFALO, NY – Landlords must clearly state their smoking policy under a new law approved by Buffalo Common Council and signed by Mayor Byron Brown. The legislation is the first of its kind to be adopted in New York State and is now a requirement of the landlord registry within the city charter.

“The ground-breaking law which requires that rental lease agreements disclose whether smoking is prohibited or allowed within rental units and common areas will benefit both landlords and tenants in the City of Buffalo,” said Mayor Brown.

An education campaign from the Erie-Niagara Tobacco-Free Coalition, Buffalo Housing Court and the City of Buffalo will help to clarify responsibilities and provide information regarding smoking/non-smoking policies created under the disclosure law.

The disclosure requirement within the lease functions in a similar way as do policies regarding pet ownership – simple, clear and informative.

Tenants are now able to make informed decisions before they sign a lease. Smokers will know that the behavior is permitted and non-smokers will have the opportunity to decline to live in a home where they would be routinely exposed to secondhand smoke.

Landlords benefit from knowing their rights to limit smoking in their properties and lower their risks for fires and liability. If property owners choose to adopt a smoke-free policy, they also have the potential to save hundreds of dollars in refurbishing costs to their properties.

The law was unanimously passed by the Buffalo Common Council on February 16^th and became a law on March 1^st. Sponsor of the legislation, Buffalo Common Council Member, Bonnie Russell, said, “This law will go a long way toward clearing the air between property owners and tenants. By providing specific smoking policies within the agreement signed by both parties, each can make informed decisions. Buffalo is proud to be at the forefront of this issue.”     

The law was championed by the Honorable Henry Nowak, Buffalo City Court Judge, who said, “Buffalo Housing Court is prepared to educate both landlords and tenants and help implement the disclosure requirement. More than 8,000 people pass through Buffalo Housing Court each year. Everyone will receive a guide to assist with compliance. We will add information about this new provision to our regular public outreach efforts offered by court personnel and our community liaisons.”

Professional organizations that supported this law include: Housing Opportunities Made Equal, Rental Assistance Corporation of Buffalo, American Lung Association of New York, Niagara County Health Department, Roswell Park Cancer Institute, American Cancer Society, Asthma Coalition of Western New York, Western New York Cancer Coalition, P² Collaborative of Western New York and Health Now New York.

To date, more than 80 buildings in Erie and Niagara County have adopted 100% smoke-free policies for their multi-unit apartments.            “As landlords update their leases as part of the new law, it is an excellent time to consider smoke-free policies for all rental units. Our surveys indicate that support is strong from tenants and landlords alike for the adoption of policies which restrict smoking inside multi-unit residential properties,” said Anthony Billoni, Director of the Erie-Niagara Tobacco-Free Coalition.

Belmont Housing Resources for WNY has implemented smoke-free policies in several of their buildings. “Establishing a smoke free policy is a ‘win-win’ choice.  It’s good for business:  the cost to renovate apartments is considerably less in a smoke free environment and those renovations are completed much faster which means less lost rent from vacancies; and you provide a healthier living environment for residents and a healthier working environment for staff,” said Pamela Berger, Vice President of Property Operations at Belmont.

The City of Buffalo 311 Call and Resolution Center is the main contact for landlords and tenants who have questions about the new law. The Center, under the direction of Oswaldo Mestre, Jr., provides citizens with access to city services, city information and non-emergency police services.

The Erie-Niagara Tobacco-Free Coalition also has made resources available including sample lease agreements and a listing of smoke-free apartments at www.smokefreehome.org. For information, call 845-1615.

The Erie-Niagara Tobacco-Free Coalition, established in 1993 and located at Roswell Park Cancer Institute, Buffalo, NY, is part of the New York State Tobacco Control Program. The Coalition is dedicated to reducing the risk of cancer, heart, lung and other tobacco-related diseases in Erie and Niagara counties by decreasing tobacco use and exposure to secondhand smoke. Today, more than 30 health and service agencies are members of the Coalition.