Recently a tenant approached the property management office at 165 Barrington Avenue (Ranee Management) and was given permission to post ‘No Smoking’ signs in the stairwell at the west side of the building.
See the image of the posted notice below:
It seems that tenants are taking the initiative of addressing the issue of ‘second-hand smoke’. Cigarette butts (not to mention other debris etc.) are often found in the stairwells of this building so posting these signs in communal areas is a good start. These signs are more like a ‘notice’ than a ‘warning’ to be taken seriously. The property owners should have taken responsibility for posting the signs and included a reference to the City of Toronto legislation: http://www.toronto.ca/health/tobaccofree/legislation.htm It prohibits smoking in public/communal areas. This Act contains the following prohibition:
Smoking is prohibited in common areas of condominiums, apartment buildings and college and university residences. Examples of common areas include elevators, stairwells, hallways, parking garages, laundry facilities, lobbies, exercise areas and party or entertainment rooms. “
Clearly it is time that property owners pick up the ball in creating ‘no smoking’ environments and post effective ‘no smoking’ sign in communal areas of multi-unit dwellings. Tenants in this building have frequently complained that second-hand smoke from the stairwells permeates to the corridors because there is a tendency of some tenants to keep the doors to the stairwell ajar to get rid of cooking odours. This has the unintended and unpleasant consequence of allowing second-hand smoke into various other parts of the building.
Another smoke related complaint from tenants is that second-hand smoke enters their unit via next-door units. As far-fetched as this appears it is possible for smoke to travel between units. Specifically, there are defects such as cracks and crevices in some of the walls between units and tiny openings in electrical outlets that allow cigarette smoke to travel to other units. Tenants should note that these defects come under the City of Toronto building code regulations and they should request the property management fix these defects promptly. We recommend you check one of our earlier posts REPAIRS & Building Maintenance issues on how to handle problems related to property standards. Always submit repair requests in writing and keep a copy for your files.
With regard to the issue of second-hand smoke, the City of Toronto has posted information at this link: http://www.toronto.ca/health/tobaccofree/legislation.htm to emphasize that ‘tenants have the right to quiet enjoyment (or reasonable enjoyment) of their home’ . They have cited the regulations dealing with a tenant’s ‘reasonable enjoyment’ as outlined in the RESIDENTIAL TENANCIES ACT. This seems to imply that a tenant can file a T2 Application with the Landlord and Tenant Board and request compensation. (Refer to this link: http://www.sjto.gov.on.ca/ltb/forms/#tenant-forms. However, the Residential Tenancies Act does not contain any reference to second-hand smoke and that leaves a heavy onus on the complainant to provide credible proof that a violation has indeed been committed.
This City of Toronto website link http://www.toronto.ca/health/tobaccofree/legislation.htm states that:
The smoke can be quite invasive and enter through openings at electrical outlets, cable or phone jacks, water or gas pipes and ceiling light fixtures. Any cracks or gaps in floors, walls or ceilings can also permit tobacco smoke to infiltrate the unit. Some multi-unit dwellings share heating and ventilation systems that actually force the tobacco smoke from one unit into another”
This link above provides comprehensive information on issues associated with second-hand smoke and, in particular, that tenants should pay careful attention to how the building code and property standards regulations are applied to minor defects in a multi-unit dwelling.
In as much as smoking has become a social taboo, and it is a serious health hazard, much work has to be done to resolve this issue from a social, health and a human rights perspective. The rights of all tenants need to be considered as we address the following questions:
- Should tenants have the right to live in a smoke free environment? The answer is ‘yes’.
- Should tenants also have rights to privacy in their own apartment, including a desire to smoke? The answer is also ‘yes’.
In the meantime, tenants can urge their elected representatives in Beaches-East York to press for a certain number of multi-unit dwellings to be designated ‘smoke free’ and a certain number of buildings to be available for ‘smokers’. Community organizations and advocacy groups should also consider establishing a ‘tenants boot camp’ pilot project to educate tenants on all their rights and responsibilities.
To sum up, it is not clear-cut but it appears that, based on building codes, most of the responsibility falls on the landlord/property owner to resolve tenant complaints and tensions that arise due to second-hand smoke. Since difficult or problem landlords tend to ignore this issue there has to be more emphasis placed on ongoing mediation between tenants and landlords/property owners and compliance with the municipal government’s Property Standards regulations. Inevitably there will have to be a re-writing of future tenancy agreements to protect the rights of all tenants.
East York Tenants Group 
A resident in this building confirmed that the ‘no smoking’ signs were removed a few weeks ago . . . no idea if it was the landlord’s doing or tenants.
Excellent information. Smoking in common areas, i.e. other than your own unit also poses a dangerous fire hazard.
Smokers may argue they are being discriminated against, however, tenants who are extremely allergic to smoke also have the right not to be subjected to second-hand smoke which has been proven to be a health hazard.
Keep up the good work!