Housing community name Speaker name Date Smoke-Free Housing: The Smart Choice for Our Community

Making the Business Case for Prevention: Smoke-Free Multiunit Housing

I.What is a smoke-free housing policy? II.Five reasons to adopt a smoke-free policy III.Common elements of a policy and sample enforcement plans IV.FAQs about smoke-free policies V.Discussion VI.Next steps Overview

Smoke-free housing is happening everywhere. Over the past 15 years, more than 500 public housing authorities across the country have adopted smoke-free policies.

What is a smoke-free policy? A smoke-free housing policy prohibits anyone from smoking in individual units and indoor common areas in a multifamily building. It may also apply to outdoor common areas and areas within a specified distance (e.g., 25 feet) from windows or doors.

HUD supports establishing smoke-free public and multifamily housing. The U.S. Department of Housing and Urban Development (HUD) has been actively encouraging the adoption of smoke-free housing policies.

Why adopt a smoke-free policy? Protects the health and safety of residents and staff. Residents prefer smoke-free housing. Saves money. Smoke migrates between units. It is legal.

Secondhand smoke causes asthma attacks, cancer and heart disease. Approximately 3,000 adults die each year due to lung cancer from secondhand smoke exposure. Smoking is the leading cause of fire deaths in residential buildings. Of the almost 1,000 people who die every year in smoking-related fires, half are residents in multiunit housing, and a third are children. There is no safe level of exposure to secondhand smoke. A smoke-free policy is safer and healthier for residents and staff. 1 1

A smoke-free policy saves money. Turnover costs are 2-7 times higher in units where smoking is allowed. 2

Secondhand smoke travels between units. Smoke migrates through shared ventilation, along air ducts, leaky walls, doorways, electrical lines, plumbing. More than 1 in 3 nonsmokers who live in rental housing are exposed to secondhand smoke. The following is a 2010 American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) position statement: – “At present, the only means of effectively eliminating health risks associated with indoor exposure is to ban smoking entirely.” 3

People prefer smoke-free housing. 80% of residents in multifamily housing, including those who smoke, prohibit smoking in their homes. Most surveys find that over 50% of residents in multifamily housing in any given building or city prefer a smoke-free housing policy that bans smoking indoors. 4

Smoke-free laws do not unlawfully discriminate against residents who smoke, and they do not violate residents’ privacy rights. – Smoking or use of tobacco is not a protected activity or right. – A smoker does not have special legal protection. – An individual’s addiction to nicotine is not a disability. A smoke-free policy is legal. 5

. Resident Champion

Statement that explains rationale for the policy Definitions of terms, such as “smoking,” “premises,” and “common area” Description of areas that must be smoke-free, such as units, hallways, outdoor areas, and balconies Description of who must comply Information on the enforcement plan Common Elements of a Smoke-Free Policy Lease Addendum

1st Violation:Verbal Warning and Cessation Materials 2nd Violation:Verbal Warning, Cessation Materials, Resident Service Referral 3rd Violation: Written Warning, Cessation Materials, Resident Service Referral 4th Violation:Notice to Vacate with Option to Remedy (30/14 days), Cessation Materials, Resident Service Referral 5th Violation:10-Day Notice without the Option to Remedy Sample Enforcement Plan #1

Sample Enforcement Plan #2 1st violation: Property Manager Visits Unit and Provides Copy of the Policy 2nd violation: Written Warning 3rd violation: Private conference with Resident 4th violation: Property Manager Consults Legal Department Regarding Further Enforcement Action

Examples of Local Public/Affordable Housing With Smoke-Free Policies State with a Smoke-free Policy List PHAs and other affordable housing operations in the area that have smoke-free policies Information can be found here: smoke.org/pdf/smokefreemuh.pdf and smoke.org/pdf/smokefreemuh.pdf

Does it take a lot of staff time to implement and enforce a smoke-free policy? Developing and implementing a smoke-free policy requires significant effort, but the benefits for staff, residents, and property assets are clear. According to PHAs and owners/agents of subsidized or market rate multifamily housing, the effort is worth the outcome. “The one message that I would tell my counterparts considering implementing this policy is: a smoke-free policy can have a positive impact on your operations.” Larry Sisson, President TESCO Properties Frequent Concerns About Going Smoke-Free

What if many residents smoke and are unable to quit? Implementing a smoke-free policy does not mean residents must quit smoking. Residents may continue to smoke as long as it is in smoking- approved areas and adhere to the smoke-free policy. Policies should focus on eliminating smoke from building interiors and reducing staff and resident exposure to secondhand smoke. Policies may motivate some smokers to quit, thus underscoring the value of helping residents obtain access to cessation resources. “We say this is smoke-free housing, not smoker-free housing.” Gail Livingston, Deputy Administrator for Housing Programs Boston Housing Authority

Frequent Concerns About Going Smoke-Free What level of support for a smoke-free policy do we need to see in the resident survey? There is no minimum percentage of support required on survey results to indicate that a policy will be effective. Give residents plenty of time to understand the policy and prepare themselves for its implementation (six to 12 months is recommended). Consider a longer implementation timeline and offer information sessions on the health effects of secondhand smoke if many residents are not supportive of the policy. “We held a focus group and conducted surveys. We learned that many residents, including people who smoked, did not want their apartments to smell of smoke and were already smoking outside.” Carmen Moore-Minor, Community Resources Manager Metropolitan Development and Housing Agency, Nashville, Tennessee

Frequent Concerns About Going Smoke-Free How do staff enforce this? Most multifamily housing providers report they enforce smoke-free policies just like any other lease rule or regulation. Some rank enforcement as a high- level priority for staff and personnel. For example, at the first complaint, the site manager visits that unit and speaks with the resident in question to assess the situation and find evidence of in-unit smoking. If there is evidence, the multi-step enforcement plan is used. “We go in all of our units at least monthly to change A/C filters and check for pests, which provides a regular inspection system for evidence of smoking. If we go into a unit and we can smell it or see it, it gets reported. If they violate the policy, we give residents terminations and warnings just like we do for any other lease violation.” Scott Alderman, President Landura Management Associates

Frequent Concerns About Going Smoke-Free Do we have to offer an outdoor smoking space? Many smoke-free pioneers say an outdoor designated space for smoking is helpful for an effective policy. Designated smoking areas may reduce the incidence of smoking violations in the building. They should be far enough from the building (generally 25 ft. or more) to prevent secondhand smoke from entering open windows or doors. “We’ve been building small shelters; they are sort of gazebo style, with both a roof and a wind break. We believe they offer a practical outlet for people. We’re careful not to call them smoking shelters because they are also for people who don’t smoke.” Rick Ball, Executive Director Housing and Redevelopment Authority of Duluth, Minnesota

Frequent Concerns About Going Smoke-Free What kind of evidence of smoking is needed for an eviction? It is important to note that housing providers generally do not report a rise in evictions due to a smoke-free policy. Prepare your eviction case with evidence that a fair and consistent multi-step enforcement process was followed. “In the cases that went before a judge, we followed our policy and state eviction law showing the two notices, each providing 20 days to cure, and a third notice. Each “countable” violation occurred after the 20 days to cure period had passed. The cases were supported by written complaints from other residents and/or staff. During the proceedings, judges questioned me about the procedure we used for notifying residents, which they were satisfied with.” Marcia Sullivan, Executive Director East Greenwich Housing Authority, Rhode Island

Discussion

Our Next Steps: 12 Month Timeline TimelineKey Milestones 12 months out Form a subgroup to do preliminary research Review HUD”s Change is in the Air Action GuideChange is in the Air Action Guide Review examples of smoke-free policies Review sample surveys Look for community partners to help with implementation and identify local cessation resources 10 months out Present the idea of a smoke-free policy to staff and resident council Survey residents Hold resident meetings at each property and discuss survey results 8 months out Write smoke-free policy and enforcement plan, obtain an attorney to review it Set implementation plan and timeline 6 months out Train all staff in policy details Send initial notices to residents and applicants Provide additional support to vulnerable residents Schedule lease/lease addendum signings 4 months out Send second notice to residents and applicants 3 months out Install permanent signage Frequently remind residents about the policy 0 months out Policy goes into effect

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