PROPRIETARY LEASE AMENDMENT TO BAN SMOKING AT 308

To All Shareholders:

As per the Douglas Elliman notice distributed on August 27th, 2018, 308 Owners Corp. is a non-smoking building. This notice was issued in accordance with City Council of the City of New York Local Law 147, "Disclosure of Smoking Policies for class A Multiple Dwellings". 308 House Rule #13 states:

Lighting and smoking of cigarettes, e-cigarettes, cigars, pipes, or any other item in the lobby, gym, public hallways, stairways, elevator or any other public areas, both inside and outside the property is strictly prohibited.”  If smoking in an Apartment: ''No smoke or odors shall be permitted to escape from the Apartment into the building’s public areas or into the Apartments of other tenant/shareholders. It shall be the Shareholder's responsibility, at the Shareholder's sole cost and expense, to ensure that such smoke and odors are contained within the Apartment.

In order to provide a more complete smoke-free environment for residents, our attorney has recommended to the Board that the Proprietary Lease be amended to include a comprehensive smoking ban at 308. The amendment states:

Lessee shall not, nor shall Lessee allow any resident, tenant, employee, family member, guest or invitee to smoke any substance, including, but not limited to, cigarettes, cigars, pipes, e-cigarettes, vape pens  or other similar items in the apartment, on any apartment terrace or in any of the common areas of the building including, but not limited to, the rear courtyard. In the event of a breach of the terms of this provision, Lessor may in Lessor’s sole discretion impose a fine against Lessee, terminate Lessee’s lease or seek an order from a court of competent jurisdiction compelling Lessee to comply with the terms hereof.  Lessee shall be obligated to reimburse Lessor for any costs incurred by Lessor (including legal fees) in order to enforce the terms of this Section 50 and Lessor may treat any such amounts as unpaid rent, affording Lessor any rights and remedies with respect thereto provided under the terms of this Lease.

Rationale: In addition to better air quality, 308 would be on the right side of the law with respect to court rulings on secondhand smoke in multiple dwellings; we would also receive better insurance rates and apartments would sell faster. 

Therefore, the Board has decided to have a special vote on this issue and strongly recommends that you vote “FOR” the adoption of a no-smoking amendment.