what ever happened to the lawyer in nj who had smoke from neighbor's fireplace

by Stacey Schmidt 7 min read

Who is the lawyer who won the secondhand smoking case?

Since wood burning stoves are seldom absolutely required in modern society, if your smoke is hurting a neighbor, you simply have to stop what you are doing and find a way to fix the situation. And, if your neighbor is driving you crazy and will not …

What happens if a tenant refuses to honor a smoke clause?

Under Utah's law, an annoyed neighbor may sue the smoker directly and may sue the landlord in some cases if the smoker is a renter. (Utah Code Ann. § 78-38-1.) In California, second-hand smoke is considered a toxic contaminant by the state's Air Resources Board. Start your research into your state's laws at Nolo's Legal Research Center.

Do homeowners association rules address secondhand smoke from neighbors?

Re: smoke from neighbor's fireplace. This Firm handles business law exclusively, i.e., contracts, corporate law, business disputes, entity formation and maintenance, etc. Unfortunately, we do not handle this type of law. Good luck to you.

Can I Sue my Neighbor for second-hand smoke in Utah?

Answer (1 of 6): New Jersey law prohibits smoking in certain areas of apartment and condo buildings. Your landlord may also have a stricter nonsmoking policy, or if you live in public housing or university housing, you may have more restrictions on …

What can I do about neighbors chimney smoke?

If the neighbor's chimney smoke is coming into your house, close the vents closest to the source of the smoke and/or build a higher fence. It's also recommended to reach out to the local government as this can be listed as a “nuisance,” which comes with strict regulations in most places.

Is wood burning smoke harmful?

Emissions from wood smoke, discussed below, can cause coughing, wheezing, asthma attacks, heart attacks, lung cancer, and premature death, among other health effects. Many of these pollutants can worsen air quality indoors and outdoors.Jun 15, 2021

Are wood burning stoves illegal in NJ?

Outdoor woodburning boilers in New Jersey must comply with NJAC 7:27-3, “Control and Prohibition of Smoke from Combustion of Fuel.” This regulation mandates that stationary indirect heat exchangers, such as outdoor woodburning boilers, produce no smoke, except for three minutes in any 30-minute period.

How do you get wood smoke out of your house?

Because woodstoves are so efficient and airtight, it's necessary to open the air intake a few minutes before opening the door to avoid that puff of smoke from entering the house. Open the air intake on the fireplace doors to get the draft pulling the smoke up the chimney and out of the house.

How do you get neighbors wood smoke out of your house?

By switching to a gas stove or fireplace, you can reduce your particulate emissions by a factor of thousands. The air you and your family breathe inside your home will be much cleaner. A switch to gas will also help reduce airborne particulate in your neighborhood.

Can I complain about my Neighbours wood burning stove?

Local Councils are legally obliged to investigate complaints made under the Environmental Protection Act 1990 relating to public health and nuisance issues, which include smoke and fumes from fires or stoves.Dec 21, 2021

Are burn barrels legal in NJ?

For the record, New Jersey outlawed burning leaves on Jan. 1, 1972, as part of sweeping air pollution controls. It says so in the state Department of Environmental Protection's administrative code. “No person shall cause, suffer, allow or permit the disposal of fallen leaves by open burning.”Nov 10, 2014

Can fireplace smoke make you sick?

Health effects of wood smoke The biggest health threat from smoke is from fine particles, also called fine particulate matter or PM2. 5. These microscopic particles can get into your eyes and respiratory system, where they may cause burning eyes, runny nose, and illnesses, such as bronchitis.Apr 26, 2021

Are outdoor fireplaces legal in NJ?

Permanent masonry outdoor fireplaces are regulated by local zoning and NJ Uniform Construction Code (UCC) requirements, and need a permit prior to construction. Natural gas fueled fire bowls and log sets are also regulated by local zoning laws and the UCC.

How do I stop my neighbors from smoking in the house?

Install door draft excluders under doors that open into hallways and common areas. Seal around windows with caulk or weather stripping. This will prevent smoke from entering your unit and will increase your energy efficiency. Install extractive window fans.Jan 2, 2014

How far can wood smoke travel?

These impacts on the ground can be hard to bear, but wildfires can have another far-reaching effect on our lives. Rising up to 14 miles (23km) into the air, well into the stratosphere, plumes of smoke from large wildfires can spread all over the globe thanks to currents of air.Aug 21, 2020

Why is smoke coming out of wood stove?

Your wood stove relies on suction, called draft or draught, from the chimney to draw the smoke up out of your wood stove and out of your house. There are a few items that can cause bad draft in wood burning stoves: a cold chimney, wind induced down draft, or even a clogged or obstructed chimney.Nov 12, 2019

What happens if you smoke in a rental agreement?

If the smoke that disturbs you comes from someone who rents, find out if the rental agreement contains a no-smoking clause; these clauses are becoming more common. If it does, then the tenant is violating the lease and you may be able to convince the landlord to enforce the clause (that is, tell the smoker to stop or move out). If the smoker refuses to honor the clause, it's up to the landlord to take the next step (evict the smoker). When a lot of neighbors complain, the landlord may be more motivated to take action.

Is smoking a nuisance in Utah?

At least one state -- Utah -- now includes tobacco smoke in its statute defining a private nuisance. Specifically, second-hand smoke is a nuisance in Utah if it drifts into any residential unit from a home or business more than once a week for at least two consecutive weeks, and if it interferes with the neighbor's "comfortable enjoyment of life or property." The protection doesn't apply if the neighbor signed a lease, restrictive covenant, or purchase agreement waiving his right to sue a neighbor for causing a nuisance by smoking. Under Utah's law, an annoyed neighbor may sue the smoker directly and may sue the landlord in some cases if the smoker is a renter. (Utah Code Ann. § 78-38-1.)

Can a landlord evict a smoker?

When a lot of neighbors complain, the landlord may be more motivated to take action. Even if the lease does not prohibit smoking, the landlord may have grounds to evict the smoking tenant if the cigarette smoke is truly troublesome and interferes with your ability to enjoy living in your own apartment unit.

Can a condominium take legal action against a smoker?

If the troublesome smoker lives in a planned development or a condominium with covenants, conditions, and restrictions ("CC&Rs") prohibiting smoking, then either you or the homeowners' association may take legal action against the smoker. See Understanding Homeowners' Associations & CC&Rs.

Can you sue a smoker for a nuisance?

Even if the smoker doesn't live under a no-smoking restriction, you may find a court to be sympathetic if you sue the smoker for creating a private nuisance (interfering with your ability to use and enjoy your property).

Can you move out of a condo if your neighbor smokes?

Non-smoking laws in public places have swept the nation, but until recently, if the smoke wafting into your house, condominium, or apartment from your neighbor's cigarette bothered you, all you could do was move out. The situation is changing, however, and non-smokers bothered by their neighbors' smoking may find that they can now take action.

What is Bonesteel's role in the Orange County case?

Since the Orange County case, Bonesteel has helped some condo owners meet with HOAs to address problems related to second-hand smoke, and walked others through the process of working toward a resolution.

How many cities in California have smoke free housing?

As of April 2017, 90 California cities and counties had smoke-free housing policies, though the list includes some that cover only common areas or simply require landlords to disclose that smoking is permitted on the premises and where, according to the tobacco policy center.

Who are the Aguilars?

The Aguilars were one of 70 families to make the cut, from a waiting list of 300. Opponents of smoking bans have said property rights should give condo owners the right to smoke at home, and they cite a concern that bans will result in increased evictions of renters who don’t comply with changing rules.

Is secondhand smoke dangerous?

Several years before that, he learned his young daughter had a heart murmur. “I hear that secondhand smoke is really dangerous for anyone, ” said Ayala, 35, sitting in the great room of a bright, three-bedroom apartment he rented in April.

Did Inoel Ayala have a stroke?

Inoel Ayala suffered a stroke two years ago. His wife and daughter also have health problems. They used to live in a home next door to smokers, but are glad to have moved to a smoke-free, affordable housing unit in Santa Ana. (Photo by Cindy Yamanaka, Orange County Register/SCNG)

What happened to the Jersey Shore in 1944?

The Great Atlantic Hurricane of 1944 - In September 1944, as the liberation of Europe was underway across the Atlantic, the Jersey Shore was wrecked by a passing hurricane. Because U.S. military leaders feared the presence of German U-Boats off the coast, little warning was given to residents that the storm was coming. Hundreds of of homes were lost, and iconic boardwalks along the Shore were shredded.

What happened in 2004 in South Jersey?

The waters of the Rancocas Creek basin rose quickly, and more than 1,000 homes were damaged by flood waters. The floods caused an estimated $50 million in property damage.

What was the most devastating hurricane in New Jersey?

Perhaps the most massive disaster in New Jersey's history occurred just six years ago, when Superstorm Sandy ripped through the state. A tropical storm by the time it got to New Jersey on October 29, 2012, Sandy combined with a nor'easter to become an unprecedented storm. Sandy left 37 dead and dealt $30 billion in damage to the Garden State after raging for two days.

How many people died in the Thorofare accident?

The accident left between 53 and 57 people dead, according to the Press of Atlantic City.

When did the Anglesea sink?

Anglesea fishing boat sinks - A 35-foot fishing boat based in Anglesea and belonging to the Hilton & Hilton Fish company sank in 1921, killing 11 people. The tragedy was captured on the front page of the Jersey Journal.

How many people died in the Camden and Amboy train wreck?

It's one of the worst rail accidents in New Jersey's history. On August 29, 1855, 24 people died and more than 60 others were injured when a passenger train on the Camden & Amboy railroad wrecked in Burlington Township. The train had left Philadelphia and was waiting for a train from New York to pass.

When did the Du Pont TNT plant explode?

Gibbstown TNT explosion - A Du Pont TNT plant exploded in Gibbstown on May 15, 1916, killing 14 workers and causing $250,000 in damage, according to the New York Times.

FINALLY CLOSED IN LOS ANGELES!!! Here's a list of data points with all the homes we toured, what we offered, and what they sold for

I posted this the other day in r/RealEstate, but figured some here might find the information useful.

First-Time Home Buyer - What are some things that people OVERVALUE when buying that don't usually matter or can be easily addressed?

For example, some people fall in LOVE with a house and often ignore more important problems (think loving the colors of the walls and cabinets but not looking at structural or water issues). Or people say "I want a marble countertop" when it might be easier to buy a house with an old countertop and pay to get it installed yourself.

Does anybody else wish they could go back with the knowledge they have now and make a different decision in life?

Some mistakes really cost us. And we learn from them and move on. Some are smaller but some are big that take time to recover. Man i wish i could have another shot at going another way. Anybody else feel like this?

Just got a cancellation notice letter from my home insurance

We've had this insurance company since we bought the house in 2019. They cited the age of the home as being the reason why they are canceling. This is my first home so I am a little bit lost as what I should do. I will be giving them a call tomorrow morning as there just feels like there more to it.