what the problem is
second-hand smoke of at least six types:
1) tobacco (confirmed) (hallway)
2) marijuana (confirmed) (downstairs unit)
3) sage/incense (confirmed) (downstairs unit)
4) an unknown sweet smell (possibly oxycontin) (downstairs unit)
5) an unknown acidic smell (possibly heroin) (downstairs unit)
6) an unknown stimulant without a strong smell (possibly crystal meth) (downstairs unit)
symptoms of the problem
- sore throat
- both an inability to sleep for days & an inability to stay awake [altered sleeping patterns]
- heart palpitations
- marijuana contact highs
- headaches
- nose bleeds
i have been to the hospital twice for heart palpitations, restlessness and nose bleeds.
the seriousness of the problem
in addition to experiencing undesired effects of these drugs, it must be stressed that smoke is the leading cause of death.
smoke is the leading cause of death.
smoke is the leading cause of death!
even
in the united states, a country grappling with a severe gun violence
problem, second-hand smoke kills nearly twice as many people as guns,
every year.
this is not a minor annoyance or a mere
inconvenience. this is a serious health concern, on the level of
asbestos or lead in the unit. lead is, in fact, a component of
second-hand smoke.
what the law says
20
(1) A landlord is responsible for providing and maintaining a
residential complex, including the rental units in it, in a good state
of repair and fit for habitation and for complying with health, safety,
housing and maintenance standards. 2006, c. 17, s. 20 (1).
in
the year 2018, it must be understood by everybody - landlords, tenants
and the court - that a unit full of second-hand smoke is not compliant
and must be repaired to prevent the smoke from entering the unit.
what has already been done
-
holes have been patched over with duct tape & plastic tarps at
considerable personal cost (~$300). this has been of varying effect but
is ongoing. it is clear that this will not be successful in some parts
of the unit, which will require deeper repairs to smoke proof the unit.
- i have asked the downstairs tenant to smoke less, to no avail.
- i have called the police, to ask them to ask her to smoke less, or outside, to no avail.
-
i have left the windows in the unit wide open, to my own discomfort, to
varying effect. this is currently absolutely necessary, as a starting
point. unfortunately, the downstairs tenant appears to actually be
purposefully smoking through my windows in a possible attempt to upset
me. i am merely confused by this.
- i tried to open the window in the
hallway, but this was bolted down by staff. the doors to the stairways
are also repeatedly closed by cleaning staff, when i open them.
proposed solutions
-
hallway: to begin with, can we leave the doors open so that the air can
circulate? and, is there not a way to open the windows to facilitate
air flow?
i am currently more concerned about my personal unit, and there are four potential approaches to the problem.
1) discuss the problem with the downstairs tenant, indicating the seriousness of it.
i
have already tried to speak with this tenant, and have already asked
the police to speak with her. in both cases, she made pledges that she
has not kept. while the easiest thing to do would be to get her to smoke
outside and away from the windows (which would also be good for her
health, considering how much smoke she produces, and of so many
different types), i understand that this comes with no enforcement
mechanism, and that voluntarism is always at the whim of the volunteer.
i’m willing to allow a further request to play out, though.
ultimately,
success in a voluntary approach requires this tenant understanding the
seriousness attached to the dangers of second-hand smoke, including to
herself, which is something that both smokers & non-smokers in this
society refuse to get their heads around. we are collectively deeply
ignorant about this and seem to be unwilling to change or learn the
facts.
2) remove the source of the smoke.
while it
is difficult to remove a tenant for smoking cigarettes inside their unit
in ontario, it is not impossible if it is part of a complaint by
another tenant. more pertinent to the issue at hand is that this tenant
does not appear to be a cigarette smoker at all, but is rather an
exceedingly heavy marijuana smoker (as well as a smoker of other unknown
substances). marijuana remains illegal in canada until further notice
and, despite the claims of the sitting government, canada’s obligations
under international law are likely to prevent full legalization; this is
more likely to be a broken campaign promise than an imminent reality.
as a landlord, you would be in your rights to remove this tenant for
illegal behaviour. and, i can provide information about relevant police
reports.
that said, i understand that this would be a difficult
and lengthy process with an unclear end point. further, if this tenant
were to be replaced by another heavy smoker, the whole thing would be a
waste of time.
3) smoke-proof the unit.
as
mentioned, a great deal of effort has already been put into duct-taping
around the holes in the unit, and some plastic tarps have even been
purchased to block off certain areas. but, there are many areas that
cannot be approached this way, particularly areas around the cabinets
and other built in features, such as the electrical box. i believe that
this is a potentially successful approach, but i understand that it will
come with some cost to the company.
i suppose it is up to the
company to carry-out a cost-benefit analysis: is it worthwhile to
smoke-proof this unit, or is the high turnover rate of a smoke-filled
unit (and the subsequent legal costs attached to it...) a worthwhile
cost of business?
4) end my own tenancy, with relevant compensation.
i
would be willing to discuss this as an exit point, if none of the other
options are considered worth pursuing. however, i would expect that
such a process be carried out formally through the proper social justice
tribunal, where a compensation can be agreed upon in mediation, or
determined by a judge. my requests for compensation would be
comprehensive, but fair.
should none of these options be pursued
by this time next month, i will take the necessary legal steps to pursue
one of them on my own.
Saturday, March 31, 2018
ok.
i'm finally at the point where i wanted to stop and re-evaluate: election finished, vlog begun and back to work.
the vlog & the blog merge, at this point. i quit smoking at the beginning of 2016. but i need to...
i kind of want to get a move on this. there's a thousand pages on the 2016 us election. do i really want to upload this right now?
the flip argument is that i'm kind of stuck in bed until i can get the second-hand smoke issue dealt with. the other half of the apartment is kind of a dead zone, for now.
i guess the pages split in mid-2016.
i think the signal increases, at least.
right now, i'm hungry - and i need to spend the morning writing an essay for my landlord.
i'm finally at the point where i wanted to stop and re-evaluate: election finished, vlog begun and back to work.
the vlog & the blog merge, at this point. i quit smoking at the beginning of 2016. but i need to...
i kind of want to get a move on this. there's a thousand pages on the 2016 us election. do i really want to upload this right now?
the flip argument is that i'm kind of stuck in bed until i can get the second-hand smoke issue dealt with. the other half of the apartment is kind of a dead zone, for now.
i guess the pages split in mid-2016.
i think the signal increases, at least.
right now, i'm hungry - and i need to spend the morning writing an essay for my landlord.
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