Thursday, January 24, 2013

NYC HOA Tags Unit Owner With Suit Claiming Smoke From Pot Parties Goes Through Walls, Air Vents & Wafts Into Neighboring Units

In New York City, the New York Post reports:

  • This co-op says its going to pot, thanks to one of its residents.

    The board of The Fontaine, on the Upper East Side, is suing the longtime occupant of Unit 8B, claiming the man’s guests spark up so much marijuana in his apartment that the acrid smoke wafts into neighboring units.

    In the lawsuit filed in Manhattan Supreme Court yesterday, a property manager for the co-op at 353 E. 72nd St. blamed all the purple haze in the building on Richard Kempter, 73, who has lived in the apartment for 12 years.

    “Problem is that the stepson and a group of his friends use the apartment as a place to smoke marijuana when Richard is away,” the manager said in the filing.

    There’s so much pot smoke coming from 8B, the suit alleges, that one neighbor opened the “dishwasher on a clean load of dishes and the smell was overwhelming,” court documents claim.

    “The smell of VERY strong marijuana is wafting in through the vent in the bathroom and the stench goes right to my bedroom. This is so offensive, you have no idea,” one resident complained in the suit.

    Another griped, “It is 10:45 p.m. and my apartment smells like a party was going on while I was out for the evening . . . The stench of musty pot that is lingering in my closet is unbearable.”(1)

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