Smoking or Vaping Complaint

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It's illegal to smoke or use electronic cigarettes (vape) in locations covered by the Smoke Free Air Act (SFAA). This applies to both tobacco and cannabis (marijuana).

You can report illegal smoking or vaping in locations covered by the SFAA.

These include:

  • Businesses
  • Child or day care centers
  • Convention halls
  • Gym, health clubs, and other membership associations
  • Health care facilities
  • Libraries
  • Museums and galleries
  • Office buildings, factories, and warehouses
  • Parks
  • Public and private schools
  • Restaurants and bars (including outdoor dining areas)
  • Residential building common areas
  • Shopping malls and retail stores (other than retail tobacco stores)
  • Sports and recreational arenas
  • Subway station or bus station
  • Theaters, concert halls, and auditoriums
  • Zoos

There are rare exceptions to the law, so check with individual establishments to find out if smoking is allowed.

Learn more about the Smoke Free Air Act and smoking laws.

The Department of Parks and Recreation (DPR) does not allow smoking in the following areas:

  • All New York City parks 
  • Beaches and boardwalks 
  • Pools and playgrounds
  • Public golf courses 
  • Sports stadium grounds 
  • Pedestrian plazas such as those at Times Square and Herald Square

Learn about smoking laws for City parks and beaches.

If someone refuses to stop smoking in one of these areas, tell a local Parks Department employee or a Park Enforcement Officer if one is available. Violators may get a $50 ticket.

You can report smoking at a construction site. It is illegal to smoke within the boundaries of a construction site.

In your report, include:

  • Where the person was smoking
  • When the person was smoking
  • Who is smoking (only provide general information; do not include a name or personal information)

Call 311 or 212-NEW-YORK (212-639-9675) to report the problem.

You can report smoking or vaping in the common areas of residential buildings with three or more units.

Common areas include:

  • Lobbies
  • Hallways
  • Stairways
  • Elevators
  • Basements
  • Laundry rooms

The Smoke Free Air Act does not prohibit smoking or vaping in individual apartments or living spaces, such as private balconies. If you are dealing with smoke coming into your apartment, visit the Secondhand Smoke page for advice and resources to help with this issue.

The U.S. Department of Housing and Urban Development (HUD) requires all public housing to be smoke-free.

The policy prohibits the use of:

  • Cigarettes
  • Cigars
  • Pipes
  • Hookah pipes

This applies to New York City Housing Authority (NYCHA):

  • Indoor common areas
  • Within public housing units
  • Administrative offices
  • Outdoor areas within 25 feet of NYCHA buildings

If you have a question or comment about the policy, you can send an email to smoke-free@nycha.nyc.gov.

Learn more about NYCHA's Smoke-Free Policy.

You can make a complaint to the NYCHA Customer Contact Center about smoking:

  • In all apartments
  • In outdoor areas within 25 feet of any public housing building
  • In lobbies
  • In stairwells
  • On roofs

  • Agency: New York City Housing Authority
  • Division: Maintenance Hotline
  • Phone Number: (718) 707-7771
  • Business Hours: 24 hours, 7 days a week
  • Staff is available at all times to handle emergencies and schedule routine maintenance repairs for Mon - Fri: 6:00 AM - midnight. Automated assistance is also available in Mandarin, Russian, and Spanish.

Unresolved Complaints

To report unresolved maintenance issues, use the NYCHA Borough Management Office page.

You can report smoking or vaping in other locations covered by the Smoke Free Air Act, including:

  • Bars or restaurants
  • Businesses
  • Schools
  • Libraries
  • Government buildings

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