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» LymeNet Flash » Questions and Discussion » General Support » Smoke infringment

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Author Topic: Smoke infringment
Edessajarrue
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I know that second hand smoke is unhealthy for all individuals, but I think some of my Lyme and co infections symptoms may be worsened by it?

I own a home in a manor home type situation. 3 rental units are attached to mine. I know one unit owner rents only to non-smokers. I know one unit has smokers and another one just rented is unknown.

However, the smoke infringement has gotten so much worse since the second unit is now occupied.

My attic space and all the 'holes' to my attic space connecting to their unit were sealed during an attic remodel This last spring, before the smokers moved in.

The attic is sealed, so I cannot get into it to inspect without a great monetary expense.

I don't know what to do at this point. All the rights through HUD and other statutes don't apply to my home. We have no open common areas that people smoke and no duct work for heating/ac that is shared.

I have written to my association manager and he is super supportive, but beyond writing to the owners of the rental unit owners over a half a dozen times, (the owners never responded) he feels he is unable to do anything more.

I am suffocating at night. You can't see the smoke - the particles of smoke are so small by the point it enters my dwelling that only non-smokers would probably notice.

A non-smoker sitting in my living room in the evening would probably end up leaving with burning eyes, sore throat and wake up feeling like they were a pack a day smoker in the morning. I do at least.

I learned to 'deal' with the initial smoke infringement, however it has gotten really bad again. Winter is coming and even with the windows open tonight on a cooler evening, isn't helping to clear the air adequately. I have a really good air cleaner, but those are proven to be ineffective by the EPA and other studies.

Sigh - if anyone has any ideas, I will welcome them. I just feel stuck. I can't sell or move because of the financial burden.

Thanks for allowing me to vent.

Edessa

Posts: 138 | From Eden Prairie, MN | Registered: Dec 2011  |  IP: Logged | Report this post to a Moderator
Keebler
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" . . . but beyond writing to the owners of the rental unit owners over a half a dozen times, (the owners never responded) he feels he is unable to do anything more." (end quote)

Many owners are turning rental units into NON SMOKING residences. My apartment did that a couple years ago, as each tenant's lease rolled over, with a month or two notice, all were instructed that smoking was not permissible in dwelling or on deck, or even within 25 feet of a dwelling.

Many complexes have gone totally smoke free in my area now, too.

The incentive for otherwise noncommittal owners? Lower property insurance rates. And lower turn around time / effort regarding cleaning.

Google the various terms within this and you will find there are several solid organizations that can guide owners in the benefits of this.

Your state is fairly progressive with health and well being, likely there are some nonsmoking properties around as a model should the owner wonder how it works out.

I must say that it's a relief to me not have smoke drifting in.

Your attic MUST have some kind of ventilation, it's required by law to prevent mold. So, with that ventilation, smoke can get by. And it just goes through the walls, I swear.

EXHAUST FANS, though, both from inside and outside at the outlet are likely travel routes for smoke.
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Posts: 48021 | From Tree House | Registered: Jul 2007  |  IP: Logged | Report this post to a Moderator
Keebler
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Have you talked with this group, yet? If not, sounds like a perfect place to begin.

I wonder if your owning your own dwelling might give you additional rights since it is physically attached to the others?

http://www.mnsmokefreehousing.org/tenants/about_lsf

About LIVE SMOKE FREE - Minnesota

Who We Are: The Live Smoke Free program promotes smoke-free policies for multi-unit housing.

What We Do: Live Smoke Free educates and assists building owners, managers, local policy makers, residents, and housing industry professionals about the benefits of smoke-free multi-housing.

Who We Help: Live Smoke Free assists multi-housing owners and managers with creating, enforcing and promoting a smoke-free policy for their property.

We also help renters find solutions to secondhand smoke problems, and we provide technical assistance to smoke-free housing programs. . . .

[Their affiliations, local and national - & business and health - are impressive.]
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[ 09-12-2015, 04:50 PM: Message edited by: Keebler ]

Posts: 48021 | From Tree House | Registered: Jul 2007  |  IP: Logged | Report this post to a Moderator
Keebler
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If you know that the owner(s) of the rental units are members of a particular local group, say the Rotary or a business group . . . anonymously, you might suggest to the group above that a presentation to members of such a group might be good for them . . . maybe he owner(s) could come to this by some other vehicle as well.

If you happen to know what insurance company / agent they are with for property coverage, you might also suggest to the group above to contact the insurance folks who might then suggest the option for cost cutting to their policy holders.

The tricky thing is that you don't want to offend anyone who smokes. It's a very complex thing and I do understand that.

YOU SIMPLY CANNOT ASK THEM, of course, yet . . .

It's perhaps important to know if the rental unit owner(s) smoke or not - as that would give you an idea of how they may be receiving your request (or if they see it as a complaint). It's very tender territory. All concerned need to be considered in a mindful / soulful way (I just do not have the brain / words to say what I wish I could say here).

As all steps, it's important to stress this is about the ill reaction you have to smoke, your health and your personal space (including your property that is soaking up the smoke).

That's the point, the bottom line. The group above can likely help you in your own conversation approaches.
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Posts: 48021 | From Tree House | Registered: Jul 2007  |  IP: Logged | Report this post to a Moderator
Keebler
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Regardless of if this goes into action, it is especially important to consider the relationship you have to the others in your building - if for no other reason than to prevent retaliation.

I'd ask the advice of that group above as to how to "be" in this regard so that they are not feeling judged or impinged upon [especially as they may not be able to understand your physical reactions].

It's important to understand the physiological connection that cigarettes have for some people. It can very difficult in many ways. As I say, very, very "tender" territory.

You have no way to know why this smoke matters so much to them, no way to know what kinds of past traumas or brain chemistry that may make it soothing to them. It's providing something of value to them, somehow. And they might have a broad range of reactions to any move to pull that from them.

But the damage is does to you matters, of course. You should have the right not to have your property soaked in smoke, nor it be in your air space.

As with other chemical sensitivities, it can be hard for others who tolerate smoke, colognes, etc. to understand that even the first whiff can cause a sort of brain clobber or set up a spasm in the lungs. And such brain "clobbers" for me can last a couple days after exposure.

But cigarette smoke does get into fabrics, building materials and can be very hard to remove.

The group above likely have some language, analogies and perception exercises that could help you get out of the mud, so to speak.

For instance, you'd want to be very careful about suggestion now might be the opportunity for them to stop, anyway. You do not want to have them mailed all kinds of stop smoking seminar brochures from local groups.

I actually called about once when I had a neighbor who was smoking me out -- rightly, the stop smoking group said they could not mail someone a brochure without their own asking about it. Took me some time to see they were right in that.

There are so many ways this could go so very wrong, get advice.

If this does shift over to non-smoking property . . . you can be the current tenants will get wind of this being your doing so try your best to let that agency work in other ways so it's not all your doing.
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[ 09-12-2015, 04:53 PM: Message edited by: Keebler ]

Posts: 48021 | From Tree House | Registered: Jul 2007  |  IP: Logged | Report this post to a Moderator
Edessajarrue
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I will look up the group above again and call them. Reading their materials already, I had dismissed them as being able to help. However, I do not know this and am making an assumption. So I will correct my assumption and call.

As a former smoker, I would have been offended at the wrong approach to addressing smoke infringement. Again, the MN group advocacy business may be able to help.

Retaliation is a great concern of mine as well, so the delicacy of approaching a neighbor about smoking is foremost in my mind. Without coaching, I really don't want to go that route, for my safety and my properties safety.

Thank you for the action steps I can take. It helps to have someone outside the emotions to give a clearer view of the situation at hand!

I will let you know if something comes out of it all. Hopefully soon. My lungs are screaming!

Edessa

Posts: 138 | From Eden Prairie, MN | Registered: Dec 2011  |  IP: Logged | Report this post to a Moderator
MADDOG
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And i thought my neighbors camp fires were bad.

I hate having to smell his cigarettes when i am outside down wind of him also.

He is such a STINKY person!!!!!!

STINKY

He could never sneek up on me he stinks of cigaretts so bad.

When will he get lung cancer and go away??

MADDOG

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Keebler
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It is important to remember that those who smoke are often trying to find some kind of soothing or balance for symptoms.

Our air space matters, of course, it's just that we can't possibly know everything about why someone "needs" what cigarettes provides. We can't possibly know their situation or internal chemical drivers.
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Posts: 48021 | From Tree House | Registered: Jul 2007  |  IP: Logged | Report this post to a Moderator
Edessajarrue
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I used to be a heavy heavy smoker. I really 'get' the psychological and repercussions I could be causing and/or received by others by getting a 'no smoking' policy or even pursuing one.

Approaching these neighbors is not my place, it would be the landlords, association or the courts job.

I am not afraid to advocate for myself and go through proper channels to get things done.

I did warn the one neighbor, as a teaching opportunity, that has small children that there are ticks here with Lyme and to check their children, even if they walked briefly through the grass. Was hoping that would uh, scare them to move. But they just looked at me blankly. Oh well. LOL

Edessa

Posts: 138 | From Eden Prairie, MN | Registered: Dec 2011  |  IP: Logged | Report this post to a Moderator
   

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