I am so sorry this is happening to you. Unfortunately, the first thing you can do is check your lease for any mention of othre tenants causing damage to you or your family with second hand smoke. Most leases have a clause. Take this to your manager but you have better luck with the manamagent company. Maybe. You can request in WRITING that the problem with the air and heat and venting be fixed. IF not fixed, request it again in WRITING. By the third time, request in WRITING by certified mail. They have a reasonable time to fix the problem and if they do not, your lease is broken. It is a hard road. Try to ask your neighbors to smoke outside, not on the patio or porch or common area where it seeps into your apartment, but in a grassy area or in the parking lot. IF they are nice, they will accommadate. Get hold of a magazine called UNITS. I am not sure which issue but it was this winter. Find them on the Internet. They are the magazine that ALL apartment managers in the country read. There was an entire issue about this. They may be able to help you. Call your Department of Health. They will come out and check your apartment for defects and MAKE them fix it. My sad story did not turn out well. My downstairs neighbors chain smoked and I have asthma and am handicapped. They refused to stop, the management refused to fix the problem, and the Texas Department for Adults with Disabilities told us to move to a house or townhouse.. I was on the cell phone with my husband one day and I could not breathe. I dropped the phone and passed out and stopped breathing for 2 minutes. I was DEAD. The EMTs and my husband got there just in time and got me to the hospital. Even after this incident, nothing was done. We had to move and we even had pro bono lawyers. You can try Dept of Fair Housing and HUD. I had to move it was life or death. I don't know how serious your problem is, you may have to get a good lawyer. Jacque Paquette and her husband will represent you pro bono. You can find her on the internet and she wrote several of the articles in UNITS. We were lucky to find a fine townhouse with great management for the same money who will not tolerate second hand smoke and will fix it. You can find good ones out there, ours now will not tolerate more than 3 documented cases (security patrol) of loud noise and will evict.
Unbelievable as it may seem, we have had to keep our address in hiding for the smokers have felt persecuted and decided to harass us (accusing us of vandalism, calling police on us as child molestors, NO KIDDING). THese people can be vicious. THey are drug addicts (Smoking is a drug) and won't give it up. I as you can tell know some about the law, I was a police officer for 12 years and am finishing my degree in Criminal Justice. The cops just laughed at the accusations, you know, the thin blue line! If you have the need to talk to someone or more information where I am able to get it (I am at a public computer in a motel) I have more info at home I can get specifically for you and probably mail you the UNITS .pdf on Adobe, PLEASE write to PoliceChickwithBrains-Smoking@yahoo.com. I will do anything I can to help you and put you on the right track. PROMISE! SGT. MJ Grelle (RET) (I feel in my heart for you, God Bless and I hope to hear from you)