smoke free multi unit housing - health promotion councilsep 17, 2018 · cigarette smoke makes air...

In partnership with Diana T. Myers and Associates, The Gulotta Group, and The Clean Air Council

Smoke Free Multi-Unit Housing

Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18

Table of Contents

Introduction Page 1

Rationale for Smoke free Housing Page 2

Summary of the Final HUD Rule Pages 3- 4

Keys to Success Pages 5-14

Key #1: Involve all staff Pages 6-7

Key #2: Include tenants in the process early Page 8

Key #3: Implement the smoke free policy thoughtfully Page 9-14

Conclusion Page 17

Acknowledgements Page 18

Contact Information Page 18

Appendices Pages 19-29

Appendix A– Dollars and Sense: Implementing a

Smoke Free Housing Policy Page 19

Appendix B– PA Free Quit line &

Regional Primary Contractors Pages 21-22

Appendix C– Sample Smoke Free policy and

lease addendum Pages 23-27

Appendix D– Pennsylvania Smoke Free Housing Program Page 28

Appendix E– Smoke Free Multi-Unit Housing

Additional Resources Page 29

Introduction

On February 3, 2017, the U.S. Department of Housing and Urban Development (HUD) finalized a rule requiring all Public Housing Authorities to adopt smoke free policies by July 30, 2018. Although the HUD ruling applies to public housing, going smoke free makes sense for all multi-unit housing buildings. Public housing authorities across Pennsylvania, and many privately owned multi-unit housing buildings, have already adopted policies requiring their properties to go smoke free; however, enforcement of these policies can be very challenging. Health Promotion Council, a regional tobacco control nonprofit organization, partnered with affordable housing consultants Diana T. Myers and Associates, Inc. and The Gulotta Group to produce “Smoke Free Multi-Unit Enforcement Guide”. The guide provides strategies for owners/managers of both PHAs and private multi-family housing to successfully enforce their smoke free policies. It includes information on the rationale for smoke free housing, a summary of the final HUD rule, and best practices for success, including sample tools and forms.

To compliment these efforts, the team worked with the Pennsylvania Housing Finance Agency to

incorporate smoke free policies as part of the threshold criteria for the Low Income Housing Tax Credit

Program and with the Federal Home Loan Bank of Pittsburgh to incorporate smoke free housing as a best

practice in the Implementation Plan for their Affordable Housing Program. These changes will impact

multiple buildings and thousands of residents throughout the Commonwealth. Combined with

comprehensive education, communication, and tobacco dependence treatment programs for residents,

building managers and staff, these policy measures will have potential for significant reduction in public

health and economic burdens associated with tobacco use.

For more: www.sepatobaccofree.org or Email [email protected]

Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18 1

http://www.sepatobaccofree.org/

mailto:[email protected]

Rationale for

Smoke free Housing

The benefits of smoke free housing are indisputable- not only for residents, but also for visitors, building owners, developers, managers, employees and contractors. There are compelling reasons for adopting and enforcing smoke free housing:

Secondhand smoke (SHS) has been proven to drift between units, and is extremely dangerous.

Air quality studies in apartment buildings show that anywhere from 5% to 60% of the air in apartment units comes from other units in the building.

There is no safe level of secondhand smoke exposure; it is a health hazard for staff as well as renters.

Smoking causes enormous expense to property managers and owners for cleaning, maintenance, property/item replacement, and insurance.

Studies indicate that in a smoking building every ten Public Housing unit turnovers will conservatively cost $12,500 in additional maintenance costs.

Cigarette Smoke makes air handling systems less efficient. According to Marriott Hotels, a smoke free policy results in up to 30% lower utility

operating costs, as well as decreased use of air treatment systems. Studies show that fire caused by smoking is the leading cause of deaths in residential units.

Fires from smoking account for 7% of all fires in residential units. Cigarette smoking violates renters’ desires to live in smoke free environments.

Surveys across the country show that residents in multi-family housing prefer smoke free housing.1

1. Change is in the Air: An Action Guide for Establishing Smoke Free Public Housing and Multi-Family Properties, U.S Department of HUD, Office of Lead Hazard

Control and Healthy Homes, October 2014


Summary of the Final

HUD Rule

The final HUD Rule to restrict smoking in public housing went into effect on February 3, 2017. It required all

PHA’s administering public housing to adopt a smoke free policy within 18 months-by July 31, 2018. The

policy applied to tenants, guests, staff and contractors and must have been approved by the board and

included in the PHA’s Administrative Plan. The following are relevant provisions of the HUD rule:

Properties: Covered: both scattered-site and single family properties

Excluded: units in mixed-finance projects, Section 8 housing, projects converted to project-based units and tribal housing

Prohibited Products: Items involving ignition and burning of tobacco leaves, including but not limited to:

cigarettes, cigars and pipes

Water pipes (hookahs)

Products not prohibited: Electronic cigarettes and vaping devices (Electronic Nicotine Delivery Systems (ENDS)

Note: PHA’s can include ENDS and vaping in their policy, if desired. It is strongly recommended for enforcement purposes.

Prohibited products are not permitted in: Indoor areas, including living units and hallways, common areas, administrative office

buildings, community centers, day care centers, laundry centers, etc. Outdoor areas, including within 25 feet of housing and administrative buildings or PHA

property line (if less than 25 feet)

The perimeter includes balconies, porches, decks and outdoor spaces within the 25 foot boundary

PHAs can also create other smoke free areas outside the perimeter, including playgrounds and/or a campus wide policy

For more information visit: https://www.hud.gov/program_offices/healthy_homes/smokefree


https://www.hud.gov/program_offices/healthy_homes/smokefree

PHA’s must include smoke free policy in tenant leases/ amendments/addendums with at least a 60 day notice, including the date the policy takes effect

If PHA has an existing policy that is less stringent than the HUD policy, it must be brought up to new standards within time line

HUD may use PHA Certifications, periodic inspections and audits to monitor whether policies are being enforced

Marijuana use is not addressed in the final HUD rule. However, federal law takes the position that marijuana

in any form is a controlled substance and therefore is illegal in any HUD-assisted development including

public housing. Further, a December 29, 2014 HUD memorandum that applies to all HUD-assisted

developments requires owners to deny admission to a household that uses any form of marijuana including

medical marijuana. However, the memorandum also gives owners discretion as to whether or not they must

evict existing tenants that have a prescription for medical marijuana. It provides that owners shall establish

standards or lease provisions for situations that might trigger eviction of an existing tenant on these

grounds. This could include situations where the tenants use of medical marijuana interferes with the

health, safety, or right to peaceful enjoyment of the premises by other tenants. It is noteworthy that the

current Pennsylvania medical marijuana law does not allow a smoked form of medical marijuana; however

Pennsylvania law does allow administration of dry leaf and plant form by vaporization.


Keys to Success

There are several keys to the successful implementation of a smoke free policy for your buildings. Two of these keys relate to the major players involved: 1) Management Staff and 2) Tenants. While there is an education component, i.e., providing clear guidance about what the policy is and how it will unfold, the importance of clear communication that utilizes effective messaging cannot be over-emphasized.


Key #3: IMPLEMENT the smoke free policy thoughtfully

5

Property Managers Administrative Support Staff Maintenance Staff

When a decision is made by management to implement a smoke free policy, it is critical that staff be involved at an early stage to avoid misinformation and the feeling that the new policy is being foisted on staff who will have to deal with the challenges of implementation. Staff training is critical, and management should include all staff that interact with tenants, including property managers, administrative support staff, and maintenance staff. While the training can be accomplished with one staff briefing for smaller organizations, for larger organizations with more staff, multiple briefings may be necessary. An ideal number is 10-12 staff at each briefing. If feasible, the training should be on a building- by- building or department basis (senior housing, general population housing, etc.) to ensure adequate time for staff questions and feedback. . The training should communicate:

1. The rationale for the policy change; 2. A review of the proposed smoke free policy, and; 3. The process for messaging the policy to tenants.

Rationale for the Policy Change

The rationale for a smoke free policy is fully described in the section above, and relates to health issues as well as the impact of smoking on housing operations, including but not limited to budget and maintenance operations. It is important that fiscal ramifications be fully described, as it is in the best interest of the staff to have a financially viable operation in the long-term

Review of Smoke free Policy

The Policy document should be distributed to the staff at the briefing. The following provisions related to lease enforcement should be reviewed in detail:

Effective Date of the Policy

Definition of “Smoking”

Availability of Designated Smoking Areas, if any, outside the building

Enforcement of the Policy for Non-Tenants (Visitors, Contractors, etc.)

Clarification of Requirement, i.e., residents are not required to quit smoking; however, they may not smoke in their apartments or any other area of the building

Availability of Tobacco Dependency Therapy/Other Related Services

Process for Enforcement of the Policy

Questions about the details of the policy should be fielded by supervisory management at this briefing.


A number of studies indicate that an increasing

majority of residents and applicants prefer to live

in smoke free housing. Initiating a smoke free

housing policy gives management an advantage in

terms of marketing properties, which is particularly

important in a competitive rental market. In

addition, there is data to suggest that turnover in

smoke free housing is less because the vast ma-

jority of residents are more satisfied.

See Appendix A: Dollar sand Sense

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Effectively Communicating and Messaging the Policy

At the staff training it is important to discuss how best to communicate the new policy to tenants. This can determine the success of implementation.

Positive Messaging to Tenants is Vital!

The staff message should be positive and clearly supportive of

Management’s decision. Negative messages such as “I don’t know why management is doing this,” “We have to do this,” or “Management is making me do this” will convey a lack of commitment to the smoke free policy and make enforcement more difficult. Positive, gain-framed messaging will resonate with apprehensive tenants. Someone once said, “It’s better to focus on the benefits of broccoli, not the harm associated with eating hamburgers.” This same thinking applies to helping residents who smoke work through their emotions about smoke free housing.

In the context of a smoke free housing policy, this is what positive messaging looks like: “You’ll live longer and be there for your grandchildren when they graduate and marry.”

“Smoking is expensive. Quitting can save you up to $2,500 a year.”

“Smoking can also be expensive in terms of damage to your unit, such as burn-holes on carpet or countertops.”

Part of this positive messaging includes emphasizing that tenants are not required to give up smoking; the

policy governs where they may smoke (in designated areas outside of the building).

Communicating with Empathy is Essential!

It is also important that the staff avoid language that stigmatizes smokers. It is essential to communicate empathetically. The policy should be presented in non-judgmental terms, with an emphasis on the reality of smoking as an addiction, and the point that smokers are arguably the victims of policies that encouraged tobacco production and consumption.

Staff will also want to share information on the availability of smoking cessation classes as a way to help tenants overcome smoking addiction if they so choose.


When the message is positive, it reflects a

vision for a better an longer quality of life,

and maintains the dignity of the tenant,

the messages will be better received and

the likelihood for successful outcomes

greater, according to various studies.

Communicating With Empathy

Remember that the goal is to have tenants embrace the message.

Put yourself in the shoes of the tenant; relationship-building is critical.

Example of Communicating with Empathy;

I’ve never been a smoker and can’t imagine how

difficult it must be to quit.”

I smoked at one time and know how difficult this may

be for you.”

“What concerns do you have?”

“How can we help you?’

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Organizations that have implemented a smoke free policy agree that it is important to include the tenants early in the process. At least six months before implementation of the policy, information meetings should be held with tenants. During these meetings it is important to:

Communicate the policy and rationale.

Deploy positive and empathetic messaging.

Emphasize the availability of Tobacco Dependency Treatment

Clarify what tenants should expect in terms of enforcement.

The timing of the meeting will depend on the population of the building. Registration is important so meetings don’t become too large to be effective. Suggested group size is approximately twenty, allowing tenants ample time to express concerns. Ground rules should be established up-front. To accommodate short attention spans, try to share the details of the policy in no more than 20 minutes. Be sure to provide a time for questions before wrapping up.

An important message to convey during the meeting is that while

the policy has been established, Management is open to tenants’ thoughts about how to fairly enforce the policy. Tenants will be more invested in the policy if their viewpoints are carefully considered. This means that the staff person in charge should have the skills to effectively lead a meeting, including but not limited to, an even temperament, good body language, and the ability to keep the discussion on track. The staff person should also be prepared to deal with tenants who are disruptive, whether intentionally or

unintentionally; this may require a polite reminder about the ground

rules.

The staff person must utilize active listening skills, validating tenants by repeating their thoughts before responding to their concerns.

The meeting agenda should include time for a representative from the designated Tobacco Dependency Treatment (TDT) program to discuss the services available, so that tenants can associate a face with the program and begin to feel a level of comfort. This should increase the number of enrollees in the TDT program.


Three Meeting Ground Rules

That Make Sense!

Imagine the other person’s point of

view, especially if it differs from your

own.

Participate respectfully by

acknowledging another person’s point

of view, even when disagreeing.

Respect the clock so no one spends

too much time on one topic.

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The implementation/enforcement of the smoke free policy will be facilitated by involving staff persons, as well as by communicating with tenants early in the process (as described previously). Effective policy implementation requires adherence to these overarching ideals:

Enforce the policy in a consistent manner. Employ empathy.

Provide support.

Seek fairness.

Important Provisions to Incorporate in the Policy

Since the Smoke free Policy is anticipated to have varying levels of resident compliance, a tiered approach is appropriate. For example,

First Violation: Written Warning Letter enclosing smoking cessation materials and referral to a smoking cessation program

Second Violation: Lease Violation Notice (30-day notice with option to remedy)

Third Violation: Lease Termination Notice

It is strongly recommended that management staff reach out to service providers in the area who can be helpful in working with tenants after the warning letter is sent and; if necessary, after the 30-day notice is issued. These service providers can talk with the tenant about the availability of Tobacco Dependency Treatment programs, including smoking cessation programs. A complete list of these Regional Contractors in Pennsylvania, who can link you with appropriate service providers, is included in Appendix B. Lease Addendum: The tenant should be required to sign a lease addendum setting forth the expectations of Management in relation to the policy. At a minimum, the policy and lease addendum should include language explaining that:

Residents are responsible for the actions of their household, their guests and visitors. Failure to

adhere to any of the conditions of the policy and lease addendum will constitute both a material non-compliance with the lease and a serious violation of the lease. In addition, the resident will be responsible for all costs to remove smoke odor or residue upon any violation of the policy.

Management’s adoption of a smoke free policy and the efforts to designate the property as non-smoking do not make the Management or any of its managing agents the guarantor of the residents’ health or of the smoke free condition of the property. Management will take reasonable steps to enforce the smoke free policy; however, Management is not required to take steps in response to smoking unless it has actual knowledge of the smoking and the identity of the responsible resident, as well as sufficient evidence to support enforcement.

The Smoke free policy does not require that residents quit smoking in order to live in the housing; the new policy only prohibits smoking in buildings and exterior areas designated as non-smoking.

A model policy and lease addendum are included in Appendix C of this guide.



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Enforcement Challenge: Documenting Violations

Enforcement of a non-smoking policy can be frustrating; however, staff will be helped if there is a written procedure for documenting violations. A suggested step-by-step procedure follows:

At Initial Move-In (New Tenants)

At initial move-in, damage caused by a prior resident that may have smoked should be documented on the move-in inspection form.

1. If floor covering, countertops, cabinets or appliances/fixtures are not new:

The inspection report should note any burn marks or other pre-existing damage related to smoking.

Photograph(s) of the damage should be taken by Management personnel in the presence of the tenant and a second member of the Authority staff (as a witness); these photographs should be added to the tenant file.

If there is no damage to these surfaces the inspection report should state clearly that there is no prior damage to the unit.

2. If carpeting/floor covering, counters, cabinets, or appliances/fixtures are new, the inspection report should note this.

3. The inspection report should note any other conditions that may indicate pre-existing damage to the unit prior to occupancy by the new tenant, i.e., the condition of the walls if the unit has not been

repainted.

At Annual Renewal Inspection

During the tenancy of the resident, the following

conditions should be noted during the Annual Lease

Renewal Inspection:

1. Any Indication of Damage from Smoking to

carpeting/floor covering, counters/ cabinets, or

appliances/fixtures as compared to the initial inspection or the most recent inspection. Photograph(s) of damage should be taken by Management personnel in the presence of the tenant and a second member of the Authority staff (as a witness); these photographs should be added to the tenant file.



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2. Smoking by Tenant or Smoking Odors inside of the residential unit;

At least two Management personnel should verify that they observed smoking by the tenant or noticed a smoking odor in the apartment; said personnel should sign a memo to the resident file noting what they observed or smelled.

Staff should note the presence of smoking residue such as cigarettes ashes; photograph(s) should be taken of the residue in the presence of another employee of the Authority (as a witness) and said photograph(s) should be put in the resident’s file along with a memo noting what the employee observed.

Staff should ask the tenant if they have been smoking in the unit in violation of the non-smoking policy; the response should be noted in the presence of at least two Authority employees.

A warning letter should be sent to the tenant by the property manager documenting any conditions noted at the inspection.

At Interim Inspections (In Response to Complaints, Work Orders, etc.)

Between inspections, Management and Maintenance may identify a tenant’s violation of the no-smoking policy by:

1. Noting Smoking by Tenant or Smoking Odors inside of the residential unit

At least two management personnel should verify that they observed smoking by the tenant or noticed smoking odor in the apartment.

Said personnel should sign a memo to the resident file noting what they observed or smelled.

2. Noting the Presence of Smoking Residue such as cigarettes ashes

Photograph(s) should be taken of the residue in the presence of another employee of the Authority.

Said photograph(s) should be put in the resident’s file.

3. Noting Physical Damage to the Unit as a Result of Smoking

Photograph(s) should be taken of the physical damage in the presence of another employee of the Authority.

Said photograph(s) should be put in the resident’s file.

4. Asking Tenant if There has Been Smoking in the Unit

The tenant’s response should be in the presence of two Authority employees. If the tenant acknowledges there has been smoking in the unit in violation of the non-smoking

policy, the property manager should send a warning letter to the tenant.



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Enforcement Challenge: Reasonable Accommodation and Working with Vulnerable Populations

The Federal Fair Housing Act prohibits discrimination against persons with disabilities, including the refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations are necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling. Since rules, policies, practices, and services may have a different effect on persons with disabilities than on others, treating persons with disabilities exactly the same as others will sometimes deny them an equal opportunity to use and enjoy a dwelling. If a decision is made by Management to implement a smoke free policy, it is possible that a household with a person with a disability will make a request for reasonable accommodation. However, HUD has made it clear that with regard to Public Housing Authorities, and by extension, with other organizations providing housing, Management may deny a request for a reasonable accommodation when the tenants seeks to smoke in a restricted area of the building or grounds.2 In doing so, it is clear that HUD has determined that an addiction to smoking is not a disability per se; however, there may be exceptions to this determination. Management may accommodate the tenant in the following ways:

Relocating the tenant to an exit closer to the designated smoking area or public space where

smoking is allowed. Providing an accessible walkway, cover, lighting and seating. Including family and social service staff to discuss the policy with individuals who have cognitive

impairments such as persons with behavioral health issues who do not understand the written notices or who do not read them. Helping a tenant with mental disability comply with the policy by posting signs in the apartment reminding the resident about the requirement to go outside to smoke. Providing specialized assistance to highly addicted individuals with disabilities who smoke, including quitting aids approved by the U.S. Food and Drug Administration such as nicotine gum and nicotine patches.

It is important to remember that certain households will require extra attention. These households would include

persons with disabilities, seniors, persons with addictions, and persons who were recently homeless. A good strategy is to identify these households in advance and have service providers in your community develop or amend an existing service plan to help with this issue. Such a one-on-one approach should pay dividends in terms of compliance with the smoke free policy with these households. A personalized approach that doesn’t bend or break the rules acknowledges that some people have more difficulty with change than others.

2 See HUD Notice PIH-2017-03 page 6 which makes it clear that allowing a person to smoke in a restricted area is not a permissible

reasonable accommodation; this would seem to suggest that other properties could lawfully take the same position



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Enforcement Challenge: Prevailing Before the Magisterial District Justice

Many managers are concerned that District Magisterial Justices will not enforce a lease provision relating to smoke free housing. Here are some good talking points in making your case with the Magisterial District Justice:

Talking Point #1- If you are a Housing Authority, HUD’s final rule requires a Housing Authority to evict a tenant who violates the smoke free policy in designated areas after the tenant is provided with a series of warnings. Since the final rule was enacted pursuant to the federal rulemaking process, the rule has the effect of federal law. Housing Authorities that do not implement the smoke free policy face severe consequences, including findings from HUD that may jeopardize future funding and, in extreme cases, lead to a takeover of the Housing Authority by HUD officials.

Talking Point #2 - Tenants are offered smoking cessation classes and Nicotine Replacement Therapy at no cost. Management is using the services of local agencies to offer these resources in most cases in advance of and during the implementation of the new policy.

Talking Point #3- Eviction is a last resort. Management has provided a series of warnings prior to the start of an eviction action. The first notification is a warning letter again providing Tobacco Dependent Treatment services if they choose to quit and advising the resident that if they do not desist smoking in the building they will receive a lease violation notice. The lease violation notice provides that they have thirty (30) days to stop smoking in areas that are prohibited by the policy. Only when they ignore the second notice is the eviction process initiated.

Talking Point #4- Because of the documentation on the effect of second-hand smoke, Management may be liable for lawsuits initiated by residents whose health is impaired by other residents smoking in prohibited areas. This could result in large civil settlements that may jeopardize Management’s ability to operate and/or substantially increase the cost of insur-ance coverage.

Talking Point #5- The rule does not prohibit smokers from

living in housing; it does require that they smoke in designated areas outside of the building or in public areas.



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Lease Enforcement: Best Practices

Housing Authorities in Pennsylvania are on the cutting edge of implementing and enforcing smoke free policies as a result of the HUD rule that requires that such a policy go into effect by the end of July 2018. Here are some best practices to date regarding enforcement of a smoke free policy from a number of Housing Authorities that have already implemented smoke free housing:



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15

Conclusion

Enforcement of a smoke free policy may be challenging at first depending on the number of tenants who live in the building who are smokers. These challenges can be overcome by engaging staff and tenants in a meaningful way and an approach that balances the sound rationale for a smoke free policy with tenant concerns. It is critical that all staff are involved in the formulation and implementation of the policy to get buy-in from them and to make sure the policy is being implemented fairly and consistently. To the extent that tenants are effectively engaged, their concerns can be anticipated and addressed. Finally, successful implementation of a smoke free policy requires a thoughtful approach to implementation that includes procedures for documenting violations, a tiered process for enforcement that includes at least one warning before eviction proceedings are initiated, and the availability of Tobacco Dependency Therapy treatment programs, including but not limited to smoking cessation classes.


Acknowledgements

In addition to the guide’s authors, we want to also thank and acknowledge Joel Johnson of Montgomery County Housing Authority, Dale Gravett of Chester County Housing Authority, and Heather Emminger from Monarch Management Group for the insights, edits, and feedback throughout the development of the Smoke Free Multi Unit Housing Enforcement Guide.

Contact Us

SEPA Tobacco Control Program Jamie Magee, Director

Sean McCormick, Assistant Director Katie O’Connor-Jenkins, Program Coordinator

(215)731-6150 [email protected]


Diana T. Myers and Associates Diana Myers

(215) 576-1558 [email protected]

http://www.dma-housing.com/


The Gulotta Group Chris Gulotta

(717) 580-0439 [email protected]

http://www.gulottagroup.com/

The Clean Air Council Thurman Brendlinger

215-567-4004 [email protected]

https://cleanair.org/

This program was funded by a grant from the Pennsylvania Department of Health.

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Appendix A

Dollars and Sense: Implementing a Smoke Free Housing Policy

Smoking increasing your development’s operation costs- here’s why you shouldn’t wait!

Studies indicate that for every ten unit turnovers, your development will save a conservative

estimate of $12,500 in maintenance costs (general cleaning and painting; replacement of floor covering and appliances, etc.); if you have 30 turnovers, the savings would be around $37,500 per year. Why not realize these cost savings starting now?

Painting a unit (sometimes a minimum of two coats) can increase the make ready time, which can in turn cost your development rental income. If you have 30 turnovers a year and the make ready time is extended by four days for each lease-up because of the need for repainting the unit, your loss of rental income can be thousands of dollars.

One lawsuit from a tenant or staff member related to second hand smoke can increase legal fees in your budget item by tens of thousands of dollars; moving ahead with a smoke free policy now sends the message that you care about the health of the people who live in your housing, as well as those who are responsible for operating your development.

Cigarette smoke makes air handling systems less efficient. According to Marriott Hotels, a smoke free policy results in up to 30% lower utility operating costs, as well as decreased use of air treatments systems.

Studies show that fire caused by smoking is the leading cause of deaths in residential units, accounting for 7% of all fires in residential units. Upon implementation of a no-smoking policy, your development should be able to negotiate a discretionary credit with your insurance company, based on reduced property and physical injury losses. Also, because you will have a reduced incidence of fires as a direct result of implementing a no-smoking policy, your development will save thousands of dollars in the deductibles associated with property loss due to fire.

Finally, studies indicate that an increasing majority of residents and applicants prefer to live in smokefree housing. Initiating a smoke free housing policy gives your development an advantage in terms of marketing properties, which is particularly important in a competitive rental market. In addition, there is data to suggest that turnover in smoke free housing is less because the vast majority of residents are happier.

What’s Keeping YOU from Moving Ahead To Make YOUR Housing Units Smoke Free NOW?


Appendix B

PA FREE QUIT LINE & REGIONAL PRIMARY CONTRACTORS

The PA Free Quitline. Call or sign up online. Provides customized quit plans, free personalized coaching sessions and free nicotine replacement therapy.

Eight regional primary contractors provide tobacco use prevention, tobacco dependence treatment, and policy technical assistance across Pennsylvania:

Allegheny Region

Counties served: Allegheny

Tobacco Free Allegheny

www.tobaccofreeallegheny.org Contact: Joyce Petrow Email: [email protected] Phone: 412-322-8321 Fax: 412-322-8323

Northeast Region

Counties served: Carbon, Lackawanna, Lehigh, Luzerne, Monroe, Northampton, Pike, Susquehanna, Wayne, and Wyoming

American Lung Association in Pennsylvania

www.lung.org

Contact: Caitlin Cluck Email: [email protected] Phone: 717-971-1121 Fax: 888-415-5757

Northcentral Region

Counties served: Bradford, Centre, Clinton, Columbia, Lycoming, Montour, Northumberland, Potter, Snyder, Sullivan, Tioga, and Union


www.lung.org



1-800-QUIT-NOW (1-800-784-8669)

1-855-DEJELO-YA (1-855-335-2569)

http://pa.quitlogix.org/

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http://www.tobaccofreeallegheny.org/


http://www.lung.org/


Northwest Region

Counties served: Cameron, Clarion, Clearfield, Crawford, Elk, Erie, Forest, Jefferson, Lawrence, McKean, Mercer, Venango and Warren.

Erie County Health Department www.ecdh.org Contact: Sarah Morgan Email: [email protected] Phone: 814-451-6700 Fax: 814-451-6716 Philadelphia Region

Counties served: Philadelphia

Philadelphia Department of Public Health

http://www.phila.gov/health/ChronicDisease

Contact: Jarma J. Frisby Email: [email protected] Phone: 215-685-5693 Fax: 215-685-5666

Southeast Region

Counties served: Berks, Bucks, Chester, Delaware, Lancaster, Montgomery, and Schuylkill.

Health Promotion Council of Southeastern PA, Inc.

www.hpcpa.org or www.sepatobaccofree.org

Contact: Sean McCormick: Email: [email protected] Phone: 215-731-6154 Fax: 215-731-6199

Southcentral Region

Counties served: Adams, Bedford, Blair, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lebanon, Mifflin, Perry, and York


www.lung.org


Southwest Region

Counties served: Armstrong, Beaver, Butler, Cambria, Fayette, Greene, Indiana, Somerset, Washington, and Westmoreland.

Adagio Health, Inc.

www.adagiohealth.org Contact: Katie Hartman Email: [email protected] Phone: 412-349-1860 Fax: 412-288-9036


http://www.ecdh.org/


http://www.phila.gov/health/ChronicDisease


http://www.hpcpa.org/




http://www.adagiohealth.org/


Appendix C

Disclaimer: This is a sample lease addendum that should be reviewed by the owner’s attorney prior to implementation.

Smoke free Policy and Lease Addendum

Sample Policy

Due to the increased risk of fire, increased maintenance costs, and the health effects of secondhand smoke, the (insert name of development) is adopting the following Smoke free Policy, which prohibits smoking in designated areas. This prohibition covers any interior common areas (including but not limited to community rooms, community bathrooms, lobbies, reception areas, hallways, laundry rooms, stairways, offices and elevators), all living units, and (optional: all outdoor areas within 25 feet of any building) including entry ways, porches, balconies, patios, yards, parking lots, and recreational areas. This policy applies to all tenants, guests, visitors, contractors and employees.

1. Health and Safety of Our Tenants and Staff

Smoking and secondhand smoke are well known human health hazards. Allowing smoking within apartment units exposes all Tenants and staff to these known carcinogens. Additionally, indoor smoking poses a significant safety risk and is the number one cause of residential fires in Pennsylvania.

2. Dangers of Secondhand Smoke

Secondhand smoke travels through lighting fixtures, cracks in walls, around plumbing, under doors, and in shared heating/ventilation. Medical studies have shown that tobacco smoke in any form exposes users and bystanders to serious health risks and can cause lung cancer and cardiac disease in nonsmokers, as well as severe asthma attacks, respiratory infections, sinus infections, sudden infant death syndrome, and other cardiovascular and pulmonary diseases. The U.S. Surgeon General1 has concluded the following:

a. Secondhand smoke causes premature death and disease in children and in adults who do not smoke;

b. Children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory infections, ear problems, and more severe asthma. Smoking by parents causes respiratory symptoms and slows lung growth in their children;

c. Exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer.


d. Exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer;

e. The scientific evidence indicates that there is no risk-free level of exposure to second hand smoke;

f. Many millions of Americans, both children and adults, are still exposed to secondhand smoke in their homes and workplaces despite substantial progress in tobacco control;

g. Eliminating smoking in indoor spaces fully protects nonsmokers from exposure to secondhand smoke. Separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot eliminate exposures of nonsmoker to secondhand costs

Turnover (the process of making a vacant apartment ready for occupancy) costs are increased when apartments are vacated by smokers. Additional paint to cover smoke stains, cleaning of the ducts, replacing stained materials, or replacing carpets that have been damaged by cigarettes can increase the costs necessary to make an apartment occupant ready2.

3. Definition

The term “smoking” means inhaling, exhaling, breathing, carrying, or possessing any lighted cigar, cigarette, pipe, other tobacco product or similar lighted product, including electronic nicotine delivery systems (ENDS), including e-cigarettes and water pipe tobacco smoking (also knowns as hookahs).

4. No Smoking Areas

The Smoke free Policy prohibits smoking a building and (optional language: within 25 feet of any building), including, but not necessarily limited to the following areas: within all apartment units, common areas, including but not limited to community rooms, community bathrooms, lobbies, reception areas, hallways, laundry rooms, reception areas, stairways, offices and elevator(s), and (optional language: all outdoor locations within 25 feed of a building including entry ways, porches, balconies, patios, yards, parking lots, and recreational areas.

5. Tenants, Guests, Contractors and Employees

This policy applies to everyone who visits, lives and works at the development. Tenants would also be responsible for informing their guests of the smoke free pol-icy. Tenants will be held accountable for guests who violate the policy. Landlord is responsible for enforcing the policy with contractors and its employees.

1 The Health Consequences of Involuntary Exposure to Tobacco Smoke, A Report of the Surgeon General, 2006


6. Compliance

The Smoke free Policy does not mean that Tenants will have to quit smoking in or-der to live in the development. The new policy will only prohibit smoking in a build-ing on the site of the development (optional language: and within 25 feet of the building). Tenants will still be able to smoke if they choose to but not in any prohib-ited areas.

7. Smoking Cessation Resources

If a resident is interested in quitting smoking, Landlord will provide resources related to smoking cessation education.

Fore additional information please contact:

(insert name of local provider(s) who offer Tobacco Dependency Treatment Services including smoking cessation classes)

8. Landlord Not a Guarantor of Smoke Free Environment

The adoption of this Smoke free Policy, and the efforts to designate the Property as non-smoking do not make the Landlord or any of its managing agents the guarantor of Tenant’s health or of the smoke free condition of the Property. However, the Landlord will take reasonable steps to enforce the Smoke free Policy. Landlord is not required to take steps in response to smoking unless it has actual knowledge of the smoking and the identity of the responsible Tenant and sufficient

evidence to support enforcement.

9. Lease Violation

Tenants are responsible for the actions of their household, their guests and visitors. Failure to adhere to any of the conditions of the Policy and lease addendum will constitute both a materials non-compliance with the Lease and a serious violation of the Lease. In addition, Tenant will be responsible for all costs to remove smoke odor or residue upon any violation of this Policy.

10. Enforcement

The enforcement plan for this policy will include the following steps:

a. First Violation- Written warning letter with smoking cessation materials and referral to smoking cessation program;

b. Second Violation- Lease Violation Notice, 30 day notice with option to remedy

c. Third Violation- Lease Termination Notice


11. Lease Addendum

All tenant will be required to sign the Smoke free Lease Addendum, included in this policy as Attachment 1. Refusal to execute the attached Lease Addendum will be considered a material breach of the tenant’s lease agreement.

12. Disclaimer

The adoption of this Smoke free Policy, and the efforts to enforce this Policy do not in any way change the standard of care that the Landlord has under applicable law to render the Property any safer, more habitable or improved into terms of air quality standards than any other rental premises. Landlord specifically disclaims any implied or express warranties that the Property will have any higher or improved air quality standards than any other rental property. Landlord cannot and does not warranty or promise that the Property will be free from secondhand smoke. Tenants with respiratory ailments, allergies or other condition relating to smoke are put on notice that Landlord does not assume any higher duty of care to enforce this Policy than any other obligation under the

(End of Sample Policy)


SMOKE FREE LEASE ADDENDUM

Date_____________ Development Name _______________________

Tenant Name(s) _____________________________________________

Tenant Address _____________________________________________

The following terms, conditions and rules are herby incorporated into the Lease for the above unit effective ____________, 2018.

1. Smoke free policy- Due to the increased risk of fire, increase maintenance costs, and the health

effects of secondhand smoke, Landlord is adopting the following Smoke free Policy, which prohibits smoking in any building in the development and (optional language: within 25 feed of any building), including but not limited to community rooms, community bathrooms, lobbies, reception areas, hallways, laundry rooms, stairways, offices and elevators, within all living units, including entryways, porches, balconies and patios. This policy applies to all tenants, guests, visitors, service personnel and employees.

2. Definition- The term “smoking” means inhaling, exhaling, breathing, carrying or possessing any lighted cigar, cigarette, pipe, other tobacco product or similar lighted product in any manner or in any form, including electronic nicotine delivery systems ENDS), including e-cigarettes an water pipe tobacco smoking (also knows as hookahs).

3. Landlord not a guarantor of smoke free environment- Resident acknowledges that Landlord's adoption of a Smoke free Policy, and the efforts to designate the Property as non-smoking do not make the Landlord or any of its managing agents the guarantor of Tenant’s health or of the smoke free condition of the non-smoking portions of the Property. However, Landlord will take reasonable steps to enforce the Smoke free Policy. Landlord is not required to take steps in response to smoking unless Landlord has actual knowledge of the smoking and the identity of the responsible Tenant.

4. Landlord disclaimer- Resident acknowledges that adoption of a Smoke free Policy, and the efforts to enforce this Policy do not in any way change the standard of care that Landlord has under applicable law to render the Property any safer, more habitable or improved in terms of air quality standards than any other residential remises. Landlord specifically disclaims any implied or express warranties that the Property will have any higher or improved air quality standard than any other rental property. Landlord cannot and does not warranty or promise that the Property will be free from secondhand smoke. Tenant acknowledges that the Landlord’s ability to police, monitor or enforce this Addendum is dependent in significant part on voluntary compliance by Tenants and Tenant’s guests. Tenants with respiratory ailments, allergies or other condition relating to smoke are put on notice that Landlord does not assume any higher duty of care to enforce this Addendum than other Landlord obligation under the Lease.

5. Lease Violation- Tenants are responsible for the actions of their household, their guests and visitors. Failure to adhere to any of the conditions of this Addendum will constitute both a materials non-compliance with the Lease and a serious violation of the Lase. In addition, Tenant will be responsible for all costs to remove smoke odor or residue upon any violation of this Addendum.



Appendix D

Pennsylvania Smoke Free

Housing Program

Pennsylvania ‘s Smoke Free Multi-unit Housing program is supported across the state by

eight Regional Primary Contractors (See Appendix B), that provide tobacco use prevention,

tobacco dependence treatment, and policy technical assistance to building owners and

managers of public housing authorities and affordable/low-income and subsidized housing

across Pennsylvania. Pennsylvania ‘s Smoke Free Multi-unit Housing program offers free

heavy duty signage for properties that adopt smoke free policies.

29


Appendix E Smoke Free Multi-Unit Housing: Additional Resources

U.S. Department of Housing and Urban Development. “Smoke-Free Public Housing and MultiFamily Properties” https://www.hud.gov/program_offices/healthy_homes/smokefree

U.S. Department of Housing and Urban Development. “Smoke-Free MultiFamily Housing Resource Bank” https://www.hud.gov/program_offices/healthy_homes/smokefree2

Center of Disease Control. “Organizations Serving Public Housing Residents” https://www.cdc.gov/tobacco/campaign/tips/partners/hud/index.html

Tobacco Control Legal Consortium. “HUD’s Rule to Restrict Smoking in Public Housing: An Overview“ http://www.publichealthlawcenter.org/sites/default/files/resources/HUD-Final-Rule-Smoke-Free-Public-Housing-2016.pdf

Southeastern Pennsylvania Tobacco Control Project. “Multi-unit Smoke-free Housing” http://www.sepatobaccofree.org/MUH

Tobacco Control Legal Consortium. “Secondhand Smoke Seepage into Multi-Unit Affordable Housing” http://www.smokefreehousingny.org/wp-content/uploads/SHS_Seepage.pdf

PA Free Quitline https://www.health.pa.gov/topics/programs/tobacco/Pages/Quitline.aspx

Quitlogix https://pa.quitlogix.org/en-US/

Southeastern Pennsylvania Tobacco Control Project: Local Resources http://www.sepatobaccofree.org/quit

Galloway DA, Laimins LA, Division B, Hutchinson F. Cost Savings Associated with Prohibiting Smoking in U.S. Subsi-

dized Housing. 2016;4 (6):87–92. Available from: https://www.ncbi.nlm.nih.gov/pubmed/23683981

Nguyen KH, Gomez Y, Homa DM, King BA. Tobacco Use, Secondhand Smoke, and Smoke-Free Home Rules in Multi-unit Housing. Am J Prev Med [Internet]. 2016;51(5):682–92. Available from: http://dx.doi.org/10.1016/j.amepre.2016.05.009

Drach LL, Pizacani BA, Rohde KL, Schubert S. The acceptability of comprehensive smoke-free policies to low-income tenants in subsidized housing. Prev Chronic Dis [Internet]. 2010;7(3):A66. Available from: http://www.ncbi.nlm.nih.gov/entrez/query.fcgi?cmd=Retrieve&db=PubMed&dopt=Citation&list_uids=20394705

Kraev T a, Adamkiewicz G, Hammond SK, Spengler JD. Indoor concentrations of nicotine in low-income, multi-unit housing: associations with smoking behaviours and housing characteristics. Tob Control [Internet]. 2009;18(6):438–44. Available from: http://www.ncbi.nlm.nih.gov/pubmed/19679890

Winickoff JP, Gottlieb M, Mello MM, Ph D. Health Law, Ethics, and Human Rights Regulation of Smoking in Public Housing. 2010;2319–25. Available from: https://www.nejm.org/doi/full/10.1056/nejmhle1000941

Winickoff J, Gottlieb M, Mello M. Indoor Smoking Regulations in Public Housing. New Engl J … [Internet]. 2010 [cited 2013 Mar 11];362(24):2319–25. Available from: http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3210023/

Related Publications

31

Tobacco Dependence Treatment Resources

Smoke Free Multi-Unit Housing Resources

https://www.hud.gov/program_offices/healthy_homes/smokefree

https://www.hud.gov/program_offices/healthy_homes/smokefree2

https://www.cdc.gov/tobacco/campaign/tips/partners/hud/index.html

http://www.publichealthlawcenter.org/sites/default/files/resources/HUD-Final-Rule-Smoke-Free-Public-Housing-2016.pdf

http://www.publichealthlawcenter.org/sites/default/files/resources/HUD-Final-Rule-Smoke-Free-Public-Housing-2016.pdf

http://www.sepatobaccofree.org/MUH

http://www.smokefreehousingny.org/wp-content/uploads/SHS_Seepage.pdf

https://www.health.pa.gov/topics/programs/tobacco/Pages/Quitline.aspx

https://pa.quitlogix.org/en-US/

http://www.sepatobaccofree.org/quit

https://www.ncbi.nlm.nih.gov/pubmed/23683981

http://dx.doi.org/10.1016/j.amepre.2016.05.009

http://dx.doi.org/10.1016/j.amepre.2016.05.009

http://www.ncbi.nlm.nih.gov/entrez/query.fcgi?cmd=Retrieve&db=PubMed&dopt=Citation&list_uids=20394705

http://www.ncbi.nlm.nih.gov/entrez/query.fcgi?cmd=Retrieve&db=PubMed&dopt=Citation&list_uids=20394705

http://www.ncbi.nlm.nih.gov/pubmed/19679890

https://www.nejm.org/doi/full/10.1056/nejmhle1000941

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3210023/

smoke free multi unit housing - health promotion councilsep 17, 2018 · cigarette smoke makes air...

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