the air inside their own apartments, they're seeking injunctions as a last resort. did you try to talk to your neighbor about it? >> yes, many times. many times before we filed the lawsuit. >> reporter: co-op and condo boards are caught right in the middle. on the one hand, obligated to protect smokers' rights inside their own homes. but on the other, facing constant complaints from nonsmokers who feel their right to an odor-free, healthy home are being violated. >> certainly more and more every year we get inquiries from our clients whether or not they can ban smokers from the buildings. >> reporter: so far virtually no one has but steven michaelson's condo board is hoping to vote on it this spring. >> people who are affected by the smoking and really don't like it, really they're the squeaky wheel. >> reporter: attorneys say the most complaints about smoking come from the newly constructed buildings in the city because the walls are often thinner and the ventilation systems can pose problems. meanwhile, you have smokers like dennis, who say -- >> i'd be absolutely livid. absolutely livid. what i'm afraid of is that in a few short years, they're going