smoke-free housing consultants
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Smoke-Free Housing Consultants. Please mute cell phones. Thank you. Smoke-Free Housing Consultants. Where is smoking restricted around the world now?. Offices>>>>>>>. > (13 / 4). . - PowerPoint PPT PresentationTRANSCRIPT
Smoke-FreeApartments
A breath of fresh air -The amenity that saves lives!
Smoke-Free Housing Consultants
Please mute cell phones. Thank you.
Smoke-Free Housing Consultants
Where is smoking restricted around the world now?
<<<<<<Restaurants(12,600 / 26)
Parks & Beaches >>>>>>
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Offices>>>>>>>
Bars>>>>>>>(13 / 4)
Smoke-Free Housing Consultants
Where we find organizations working on smoke-free multi- family housing:
Australia
Bahrain
Canada
England
Kenya
Nigeria
Romania
Scotland
Slovakia
Taiwan(11)
Alaska
Arizona
California
Colorado
Hawaii
Illinois
Indiana
Iowa
Maine
Maryland
Massachusetts
Michigan
Minnesota
Missouri
Montana
Nebraska
New Hampshire
New Jersey
New York
North Carolina
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
Texas
Utah
Virginia
Washington State
Washington, D.C.
West Virginia
Wisconsin(32)
Smoke-Free Housing Consultants
When residents complain…
Not a moral statement
Not a political statement
A health and safety statement
There is no constitutional right to
smoke.“The right to smoke or not
to smoke is not a right that is protected under the Civil Rights Act of 1964 because smokers are not a protected class under federal law.”
HUD Legal Counsel Letter, July, 2003
Smoke-Free Housing Consultants
Smoke-Free Housing Consultants
It is perfectly legal to ban smoking on your
PRIVATE PROPERTY
Inside all units
Parking lotsPlaygroundsSwimming pools
Outside on…BalconiesPatiosCourtyards
Smoke-Free Housing Consultants
Do you have a pet policy?
Smoke-Free Housing Consultants
Anne Scherrieb, spokeswoman for HUD in Chicago
“Smoking restrictions may be established if residents are given 30 days written notice. Rules do not need to be approved by HUD.”
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Smoking rates as of 2006
North Carolina ……………………… 22.1%
South Carolina ……………………… 22.3%
U.S. overall….………………….…… 20.5%
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24.7 million Americans with heart disease
1.37 million Americans with cancer
20.5 million Americans with asthma 4 million children under 18
LupusPolioCystic fibrosis
Who is affected by the drifting smoke?
Pneumonia COPDEmphysema
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AmmoniaArsenicBenzeneCarbon MonoxideDDTFormaldehydeHydrogen cyanideLeadNickelChromium VI
What causes the health problems?
CHEMICALS
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Acetone
Irritation of the eye, nose, and throat;
headaches; dizziness; nausea;
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Hexamine
Skin and eye irritation
Nausea, vomiting, diarrhea and abdominal pain
Asthma-like allergy
Asthma attacks with shortness of breath,wheezing, cough, and/or chest tightness
Smoke-Free Housing Consultants
NO risk-free level of secondhand smoke exposure,
…even brief exposure adversely affects the cardiovascular and respiratory system.
U.S. Department of Health and Human Services, the Health Consequences of Involuntary Exposure to Tobacco Smoke:
A Report of the Surgeon General (2006)
“At present, the only means of effectively eliminating health risks associated with indoor exposure is to ban smoking activity.”
June 30, 2005, ASHRAE
American Society of Heating, Refrigeration
and Air- Conditioning Engineers, Inc.,
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their latest position on secondhand smoke...
Smoke-Free Housing Consultants
“In response to your letter of February 7, 2006, I have consulted with some of the authors of ASHRAE’s “Position Document on Environmental Tobacco Smoke.” You are correct in noting that in apartments and condos smoke can travel from one space to another and that separate HVAC systems may not eliminate such smoke transport.
“Typical practice in many buildings doesn’t meet the tightness criterion.”
From the President of ASHRAE, Lee W. Burgett
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The Board of Directors for ASHRAE June, 2005
“…no ventilation or air filtration technologies … can completely eliminate the health risks caused by secondhand smoke exposure, …”
“…encourages elimination of smoking in the indoor environment as the optimal way to minimize ETS exposure.”
Smoke-Free Housing Consultants
1,000 people
EVERY YEAR it kills…
Many were firefighters
25% were neighbors of the smokers
34% are children of the smokers
Only 1 out of every 4 are the smoker
More people die in smoking-material fires than in any other type of fire in the U.S.
Smoke-Free Housing Consultants
2002 – 2005 Average Apartments Only
Lighted tobacco products caused an estimated…
6,800 fires
National Fire Protection Agency - 2007
$151 million-property damage
520 civilian injuries
190 civilian deaths
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“Smoking should not be allowed in a home where oxygen is used.”NFPA
Do you have ill or elderly smokers on oxygen?
Smoke-Free Housing Consultants
You owe a duty to provide safe apartment homes free from health hazards…
GO THROUGH YOUR LEASES
RULES: Health & Safety
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PROHIBITED CONDUCT. You and your occupants or guests may not engage in the following activities: … disturbing or threatening the rights, comfort, health, safety, or convenience of others…bringing hazardous materials into the apartment community;
Smoke-Free Housing Consultants
Rules: The Tenant agrees to obey the House Rules which may be attached to this Agreement. The Tenant agrees to obey additional rules established after the effective date of this Agreement if:
Right to change the rules!
a. the rules are reasonably related to the safety, care and cleanliness of the building and the safety, comfort and convenience of neighbors; and
b. the Tenant receives written notice of the proposed rule at least 30 days (or less if a major violation) before the rule is enforced.
Smoke-Free Housing Consultants
Residents can sue…
Nuisance law violation
Breach of warranty of habitability and/or breach of quiet enjoyment
Trespass (unwanted smoke)
Violations of Housing Health Codes
Constructive eviction
Negligence
Harassment
Battery
Intentional infliction of emotional stress
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Employees can sue…
Potential workers’ comp claims
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Cities with smoke-free housing laws…
Belmont, CA
Calabasas, CA
Lovato, CA
Oakland, CA
Oxnard, CA
Temecula, CA
LAWS
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GRANDFATHERING SMOKERS
Only when no one has complained of an illness
Best to move newest resident to either smoking or non-smoking building.
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Vs. Setting up policies
HASSLES?
Vs. Enforcement
Dealing with complaints and losing good residents
Potential fire damage and displaced residents,loss of life and property
Lawsuits
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Cost to renovate non-smoking apartment
Labor 12 hours x $35/hr = $420
Paint 3 gallons 60
Carpet Shampoo 50
Total = $530
Cost to MINIMALLY renovate asmoked-in apartment
Labor 30 hours x $35 $1,050Primer 100Paint 4 gallons 80Ceiling Paint 3 gallons 60Carpet Shampoo 50Replace rug burns $ 600Replace laminates 800
Total $2,740
Kennedy Restoration in Oregon $15,000
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Cleaning & Painting
Advertising
Paper work
Personnel
COST OF TURNOVER
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Additional Positive Points
Lower insurance rates can be requested
Tax credits can be lobbied
Increased profits when time to sell a property
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Meetings in advance
Enforcement
Good signage
Include cessation classes
KEYS TO SUCCESS
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What’s in your packet?
Legal Opinion
Applicable Laws & Policies regarding Fair Housing
Kennedy Restoration – Restoring a Smoked-Damaged Apartment
Surgeon General’s Report – 2006
Articles
How To Pages
Tenant Survey
Steps for transitioning
Smoking Policy
Addendum to Lease