(new York State) My Neighbor’s Heavy Medical Weed Use In Our Nonsmoking Apartment Building Is Worsening My Severe Asthma. What Are My Rights?

Westchester County, New York State

I live in a small apartment building- about 100 units- in Westchester county and have lived here for about 3 years. The building is nonsmoking, which is one of the reasons we moved here, and most smokers are very good about this and use the smoking area. There has, in the past, been an issue with one tenant who was smoking indoors on a different floor, who was evicted.

I have severe asthma, which has been worsening over the last few months, in part due to our new neighbor across the hall who smokes weed heavily indoors. I have zero issue with weed- I consume THC gummies myself!- but the smoke is causing me major medical issues. I’m having upwards of 3-4 attacks a day, including in my sleep, have switched meds twice in the last year, and have gone from having severe but managed asthma to asthma completely out of my control. We have reported this constantly to the building owners, the help line, and the super.

(As a more minor gripe, all of our possessions also reek of weed now, which is an issue- and I’m sure it is for our neighbors as well, especially as there are kids on our floor!)

Here is the thing- He is a wheelchair user, and I suspect that the weed use is medical. I also suspect that he is permitted to smoke indoors as an accommodation, as the building neither has acknowledged our complaints nor done anything, when usually they’re immediately on stuff like this.

What are my rights when his accommodation is triggering my own disability and causing major health issues on my part? Is there anything I can do? My asthma has worsened to such a degree that I’m afraid of hospitalization or worse- but getting out of the lease is likely impossible and we don’t really want to move, especially as that would present a massive financial burden! We just want things back to how they’ve always been.

What do I do? Is this even a legal issue?

Editing to emphasize-

• Yes I have spoken to the building owner, super, and maintenance line multiple times about this!

• It is a nonsmoking building

• I don’t want anyone evicted I just don’t want to be suffocated to death in my own home. He has options other than smoking. I do not have options other than breathing

• Moving is a last option for me because of the massive financial and logistical issues it would present.

• I am speaking to my pulmonologist asap about having a letter that clearly outlines this being an issue