Smoking and Tobacco Control Laws

Residential Building Policy Disclosure

Starting August 28, 2018, residential buildings with three or more units are required to create a policy on smoking and disclose it to tenants and prospective tenants.

Building owners who fail to create and disclose a policy on smoking will be subject to fines.

Frequently Asked Questions (PDF)

Sample Disclosure Policy (PDF)
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The Health Department supports laws that protect the health of residents from the harmful effects of smoking and secondhand smoke.

Our goals are to:

  • Improve compliance and strengthen smoke-free air laws.
  • Reduce youth access to tobacco and electronic cigarettes.
  • Restrict the availability of discounted or untaxed tobacco products.

We provide technical assistance to organizations, vendors and worksites that implement these laws, educational materials on responsibilities and rights under these laws, and trainings and presentations to various groups regarding these laws.

Smoke Free Air Act

This act protects the health of New York City workers against the harmful effects of secondhand smoke by banning smoking and the use of e-cigarettes in virtually all workplaces; close to hospital entrances; and in City parks, beaches and pedestrian plazas.

Minimum Prices

As of June 1, 2018, all packs of cigarettes sold in New York City must have a minimum price of $13. Increasing the price of tobacco has been shown to discourage new smokers and encourage current smokers to quit or cut back.

Businesses that sell cigarettes for less than the mandatory minimum price will be subject to fines.

More information about the new law on cigarette retail prices (PDF).

No Smoking and Electronic Cigarette Use Signs

“No Smoking, Electronic Cigarette Use, and Smokeless Use” signs must be prominently and conspicuously posted in any indoor space where smoking, using electronic cigarettes or using smokeless tobacco is prohibited. The Smoke Free Air Act states the requirements of the sign.

These signs must:

  • Be printed in color with a color printer.
  • Be printed on durable material.
  • Be no smaller than 8 ¼ inches by 10 ½ inches.
  • Be oriented as they appear online.
  • Not be cut, reordered or redesigned.

Smokeless Tobacco Ban in Stadiums and Arenas

Local Law 42 prohibits the use of smokeless tobacco at sports arenas and recreational areas that issue tickets. Smokeless tobacco means any tobacco product that is intended for oral or nasal use other than smoking.

The City Tobacco Product Regulation Act and State Adolescent Tobacco Use Prevention Act

The City Tobacco Product Regulation Act (PDF) and State Adolescent Tobacco Use Prevention Act (PDF) laws set forth numerous restrictions related to the retail sale of tobacco products, including:

  • Banning the sale of cigarettes, other tobacco products and electronic cigarettes to people under the age of 21. This law also requires tobacco retailers to post signage that reflects this new sales restriction.
  • Requiring tobacco retailers to keep tobacco products behind the counter or in locked containers.
  • Restricting the sale of any tobacco products with a characterizing taste or aroma, including any fruit, chocolate, vanilla, honey, cocoa, alcoholic beverage, herb, or spice (does not apply to tobacco flavor, menthol, mint or wintergreen).
  • Regulating prices and packaging for tobacco products.
    • Retailers are prohibited from redeeming a coupon or other discount for cigarettes or tobacco products.
    • The minimum sales price for a pack of cigarettes is $13.
    • Cigarette retailers who sell cigarettes without the proper New York City tax stamps may receive high fines and other penalties.
    • Cigarette retailers must post a sign stating that valid New York State and City tax stamps must be on all cigarette packages sold in New York City.

Internet Tobacco Sales

New York State bans the sale of cigarettes over the internet.

Additional Resources

More Information