Tenants could be kicked out for smoking

A cooperative’s board of trustees could refuse to approve a lease renewal because the tenants smoked a lot, a New York judge has ruled.

The co-op board had the right to approve or disapprove leases in the building, although it couldn’t do so “unreasonably.”

In this case, the tenants lived in the building for a year and wanted to renew. During the year, the board sent two letters to the tenants complaining about the “tremendous amount of smoke emanating from your apartment,” which it described as a “fire hazard.”

When the board refused to renew the lease, the tenants sued, claiming the board had acted unreasonably.

But a judge found that the board “acted for the legitimate welfare of the cooperative and thus its actions were reasonable.”

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