A landlord had served a predicate notice which stated that a tenant had violated §2524.3(b) of the Rent Stabilization Code (Code), by committing or permitting a nuisance in their apartment. The notice further stated that the landlord reasonably believed that the tenant permitted “excessive cigarette smoke [to] flow through gaps in and around the base boards, floors, closets, wall sockets, and front door of the premises” and into an adjacent apartment. The notice also stated that on numerous occasions, the tenant or guests or invitees permitted smoke to be exhausted out of their open windows and that such smoke penetrated an adjacent apartment, causing their neighbor to have to keep their windows closed at all times and thereby, lose the ability to enjoy fresh air or utilize their balcony.

Additionally, the notice asserted that the neighbors were required to purchase and operate “three high-end air purifiers on a 24/7 basis,” “a filter on the inside bottom of the front door,” seal “the baseboards along the bedroom and living room walls,” cover “unused portions of electrical outlets in the bedroom and living room,” tape “over gaps between, above, and below the panels of the sectional mirror that forms [an] entryway wall,” tape “over gaps in the walls and floor in the entryway and bedroom closets,” and set up “multiple air fresheners and charcoal filters around the apartment which conditions you have allowed to exist unabated….”