How to deal with a smoking neighbor in a Co-op?
I would appreciate if anyone could advise whether smoking in a co-op is legal and what can be done about it.
Here's the problem: I'm an owner of a NYC co-op and I have a neighbor living 2 floors above me who constantly smokes out of his window. The smoke comes into my apartment, even when my windows are closed. He also throws cigarette butts (often lit) out of his window. Many land on the outside of my windowsill and also on top of my air conditioner. I'm very afraid these lit butts might cause a fire in my apartment. There are also a ton of old cigarette butts, as well as cigarette packs lying directly beneath my windows by the first floor windows (I live on the second floor).
I have tried talking to the neighbor numerous times over the last couple of years. While the neighbor refuses to discuss the situation, his wife admits that he's a heavy smoker and keeps promising that she will ask him to stop smoking above my apartment and throwing cigarettes onto my property. However, nothing ever changes. I have also reported the problem to the superintendent, who informed me that he cannot do anything unless the management of the co-op is aware of the problem. So, I called the co-op management (I emphasized that there's a potential fire hazard) and was promised that the problem would be checked out and I would be informed of the result. However, it has been a while and nothing has been done.
This problem has been going on for several years and I'm not sure what to do. Do I hire a lawyer so the co-op takes me seriously? Do I call the police?
Thanks for your help!