Q. Since it isn't illegal (yet) to 'smoke' electronic cigarettes in New York City restaurants, bars or parks, is it okay to do it in the public spaces of an apartment building? What if the entire building is non-smoking--can you smoke one inside your apartment?
A. Unless your building has a rule forbidding the use of e-cigarettes in common spaces, it's probably okay for now, say our experts
In the absence of a law or regulation prohibiting "vaping" (as the the use of e-cigarettes is colloquially referred to), the activity would have to constitute a nuisance--either as defined in a lease or by law, says Roberts.
Furthermore, while a building could pass a rule "forbidding this activity in common areas, I do not believe it could ban the activity in individual apartments," says Roberts.
As to whether e-cigarettes can impair indoor air quality, "Unfortunately, there isn’t yet much research available about the possible impact of these products and indoor air quality," says air quality specialist Maria Vizzi of Indoor Environmental Solutions
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