Secondhand smokein Condo & Implied Warranty of Habitability?

Does secondhand smoke false under category of Implied Warranty of Habitability?
New tenants of rented apt in condo building smoking inside of their unit and smoke seeps into common area of the condo building and next door condo unit with small kids. The majority of the unit owners (4 of 5 ) non smoking piople are against smoking in the building. Can we make an amendment to by -law to prohibit smoking in the entire building, including apartment.
The is article in NYTimes.com in 2006 (link below) in the case of "Poyck v. Bryant “ (we could relate to ) where
"Judge Shlomo S. Hagler ruled that secondhand smoke can constitute a breach of the warranty of habitability because under the state’s Real Property Law, every written and oral lease contains an implicit warranty that the premises are fit for human habitation and that tenants cannot be subjected to any conditions detrimental to life, health or safety. "
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http://www.nytimes.com/2006/10/01/re...+Smoke+&st=nyt
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Please clarify this matter. What would be most affective solution to resolve this matter, considering the majority of the unit owners not smoking people.
Can we sue the owner of the unit who rented his unit to smoking couple?
Will the amendment (non Smoking Policy) have power since the tenants already move in ?
Thank you.