The Case for Smoke-Free Housing January 17, 2013

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The Smoke-Free Housing Coalition of Maine is a non-profit organization comprised of more than 50

public health advocates, tenants, landlords, property managers, environmental health

professionals, legal professionals and many others supporting and advocating for voluntary

smoke-free housing policies.

The Smoke Free Housing Coalition is a program of the Breathe Easy Coalition of Maine.

Smoke-Free Housing Isn’t • About targeting people who smoke or making people quit

• About evicting people who smoke

Smoke-Free Housing Is • Saving property owners/managers money

• About the smoke, not the smoker • Providing healthy indoor air for all residents of multi-unit

housing • Protecting the integrity of multi-unit buildings

• Fire Danger • Property Damage • Turnover savings • Insurance savings • Happier & healthier tenants • Liability • Tenants prefer smoke-free housing

Smoke-free housing policies save you money!

Studies have shown that unit turnover costs

are 5-10 times more expensive when smoking was allowed in the unit.

Some insurance companies will award discounts on comprehensive fire casualty plans for being 100% smoke-free.

The Financial Burden “ If people smoked outside only, and extinguished their cigarette butts safely in water or sand, property owners’ risk of fire would be reduced significantly. They’d save thousands of dollars at turnover, and even more importantly, lives would be saved.” – Joseph E. Thomas, Maine Fire Marshal, 2012

MUH Residents Want Smoke-Free Housing:

7 out of 10 Maine tenants would prefer to live in a smoke-free unit.

In fact, 43% said they would be willing to pay MORE to be in a smoke-free building.

July 2011 13

13

Yes50%

No43%

Don't know7%

Is the rental unit you currently occupy in a building that is 100% smoke-free?

Yes50%

No38%

Don't know12%

Would you prefer to live in a 100% smoke-free building? *

* Asked of tenants who said they do not currently live in a smoke-free building (n=149).

• Public and Tribal Housing Authorities • Private Developments (both subsidized and

market-rate) • “Mom and Pop” landlords

Condominium Associations • Group Homes and Transitional Housing

Developments • Behavioral Health Facilities • Nursing and Assisted Living Facilities

Who has adopted a SFH policies: • 100% Public Housing Authorities

• 2 of 5 Tribal Housing Authorities*

• 48% of Private Landlords/Property Managers

• Secondhand smoke landlord disclosure law

• Maine’s Low-Income Housing Tax Credit Program (Qualified Allocation Plan) – 2013 threshold requirement

• SF designation given on MaineHousing’s MUH Registry

Smoke-free policies are healthy choices for your building and tenants: ◦ There is no risk free level of exposure to

secondhand smoke. ◦ Up to 65% of air is exchanged between units –

tobacco smoke toxins move with this air and can be harmful to the health of neighbors.

◦ Smoking is the leading cause of residential fire

death in Maine and the US.

• Secondhand smoke is of particular concern to elderly and disabled persons, especially those with heart or respiratory disease or disorders, such as emphysema, asthma, COPD, cardiovascular disease or allergies.

• Children exposed to secondhand smoke in the home are 44% more likely to suffer from asthma.

• Secondhand smoke is a major health threat to all persons with asthma and can sometimes be fatal.

US Surgeon General Report, 2006, 2010

• An emerging concern: thirdhand smoke • Thirdhand smoke is residual tobacco smoke

contamination that remains after the cigarette is extinguished.

• Thirdhand smoke lingers on carpets, sofas, clothes and other materials after a cigarette has been put out.

• Children are uniquely susceptible to thirdhand smoke exposure.

Smoke-free policies are legal, justified and supported by HUD

Smoke-free policies are free way to go green and creating healthy housing

Public Law 2011, Chapter 199 Full law language:

http://www.mainelegislature.org/legis/bills/bills_125th/chapters/PUBLIC199.asp

“…A landlord who or other person who on behalf of a landlord

enters into a lease or tenancy at will agreement for residential premises that are used by a tenant or will be used by a potential tenant as a primary residence shall provide to the tenant or potential tenant a smoking policy disclosure that notifies tenants or potential tenants of the landlord's policy regarding smoking on the premises.... The notice must state whether smoking is prohibited on the premises, allowed on the entire premises or allowed in limited areas of the premises. If the landlord allows smoking in limited areas on the premises, the notice must identify the areas on the premises where smoking is allowed. A landlord or other person who acts on behalf of a landlord may notify a tenant or potential tenant of a smoking policy by: (1) Disclosing the smoking policy in a written lease agreement; or (2) Providing a separate written notice to a tenant or potential tenant entering into a tenancy at will agreement….”

This law does not require property owners and managers to change their current policies.

It does provide an opportune time to adopt a smoke-free policy but you are not required to change any practices, simply to notify tenants of your house rules.

Notify tenants, before they enter into a lease agreement, about where smoking is allowed. ◦ Must identify if: Smoking is prohibited on the entire property Smoking is allowed on the entire property* Smoking is allowed in designated or limited areas of

the property* *Maine law prohibits smoking in common areas of multi-unit housing buildings, such as hallways, laundry rooms, stairwells and other common use indoor areas.

Disclosure must be in writing – either as a provision in the lease agreement or as a separate written document.

Both the landlord and the tenant must sign the document to acknowledge the non-smoking/smoking policy.

A standard disclosure form is not required.

If you already have a written 100% smoke-free housing policy in place– simply ensure that the tenant has expressly initialed the non-smoking statement.

If you don’t currently have language around smoking in your lease agreement, you will need to add language. ◦ Consider our disclosure form template as a place to start

Download the template disclosure form and learn more about the law at: http://smokefreeforme.org/landlord.php?page=Smoking+Disclosure+Law

This law doesn’t require you to use a written lease agreement but you still need to notify all tenants in writing of your current smoking policy.

If the notification is made and both the landlord and tenant sign off in acknowledgement of the policy – the law requirement has been met.

No, the disclosure law does not required to you to post signage.

However, posting signs are a beneficial way to improve awareness and compliance with your non-smoking policy.

Ensuring tenants are aware of your property’s smoking policy can help you avoid the tenant complaints related to your chosen policy.

Adopting smoke-free housing policies is legal but many landlords don’t know that – this law helps to clarify your options under the law.

Disclosure Law FAQ Template disclosure form Template smoke-free lease addendums and

policy language with disclosure statements Available to answer additional questions

about the disclosure law

Available at www.smokefreeforme.org or by contacting the Coalition

Free signage, window clings and other materials Sample smoke-free lease addendums and policy language Fact sheets Implementation and enforcement tips Free technical assistance for adoption and

implementation

Available at www.smokefreeforme.org or by contacting the Coalition

Smoke-Free Housing Coalition of Maine (207)874-8774 info@smokefreeforme.org www.SmokeFreeforME.org Like us on Facebook:

www.facebook.com/smokefreeforme View Past Presentations:

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www.MaineHousingSearch.org