Hawai‘i Smoke-Free Homes Initiative

Hawai‘i Smoke-Free Homes Initiative Objectives: Present risks of secondhand smoke and tobacco use. Showcase benefits and legality of smoke-free policies. Introduce resources for creating 100% smoke-free homes. Highlight examples of smoke-free living in Hawai‘i. Identify local, state and national resources.

Questions to be answered Why create a smoke-free apartment or condominium? Is it legal? Can we stop people from smoking in their own homes? What are benefits of smoke-free apartments or condominiums? Are there examples of smoke-free homes in Hawai‘i? What do we need/do if we want our building to be smoke-free? What local, state and national resources exist?

Uses for this presentation To help owners and tenants of multi-unit dwellings to create tobacco-free policies. To increase awareness of negative health effects of secondhand smoke exposure in the home. To inform parents of risks to their children because of secondhand smoke exposure. To gain community support for the Hawai‘i Smoke-Free Homes Initiative.

Who can benefit from presentation? Owners of condominiums, apartments & town homes Tenants of condominiums, apartments & town homes Boards & owners associations Resident & property managers Real estate agents & attorneys Tobacco-free and community advocates Chronic disease and other public health educators & professionals Community outreach professionals Social workers

Why create a smoke-free home? Secondhand smoke can kill & can make illnesses worse. More people in Hawai‘i DO NOT smoke, than do! Health risks are the same in the home as anywhere else. Secondhand smoke cannot be controlled (smoke drift). May save owners money on insurance and cleaning costs. 100% ‘no-smoking’ policy on your property is ABSOLUTELY legal.

More reasons for smoke-free homes The home is primary source of secondhand smoke exposure for children and, along with the workplace, a major source of exposure for nonsmoking adults. U.S. Department of Health and Human Services. State-specific prevalence of smoke-free home rules. Mortality & Morbidity Weekly Report, 56(20). Atlanta, GA: US DHHS, CDC; 2006.

More reasons for smoke-free homes Millions of children & nonsmoking adults remain at risk for secondhand smoke exposure. Continued increases in the number of smoke-free workplaces, smoke-free public places, and smoke-free homes are needed to protect nonsmokers from this widespread and preventable health hazard. U.S. Department of Health and Human Services. State-specific prevalence of smoke-free home rules. Mortality & Morbidity Weekly Report, 56(20). Atlanta, GA: US DHHS, CDC; 2006.

More reasons for smoke-free homes Secondhand smoke causes premature death and disease in children and nonsmoking adults. U.S. Department of Health and Human Services. State-specific prevalence of smoke-free home rules. Mortality & Morbidity Weekly Report, 56(20). Atlanta, GA: US DHHS, CDC; 2006.

More reasons for smoke-free homes Making homes completely smoke-free substantially reduces secondhand smoke exposure among nonsmoking residents. Evidence also suggests that smoke-free home rules help smokers quit and reduce smoking initiation among youth. U.S. Department of Health and Human Services. State-specific prevalence of smoke-free home rules. Mortality & Morbidity Weekly Report, 56(20). Atlanta, GA: US DHHS, CDC; 2006.

Secondhand smoke effects Secondhand smoke is a Group A carcinogen — a substance known to cause cancer in humans for which there is no safe level of exposure. Secondhand smoke exposure causes heart disease and lung cancer in nonsmoking adults. Secondhand smoke causes sudden infant death syndrome (SIDS), acute respiratory infections, ear problems, and more frequent and severe asthma attacks in children. U.S. Department of Health and Human Services.  The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General.  Atlanta, GA: US DHHS, CDC, Office on Smoking and Health, 2006, available at http://www.surgeongeneral.gov/library/secondhandsmoke/report/.

The US Surgeon General: About the effects The US Surgeon General: Scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke. Breathing even a little secondhand smoke can be harmful to your health. U.S. Department of Health and Human Services. The health consequences of involuntary exposure to tobacco smoke: a report of the Surgeon General. Atlanta, GA: US DHHS, CDC; 2006, available at http://www.cdc.gov/tobacco/data_statistics/sgr/sgr_2006/index.htm. “ ”

More about effects The health dangers of secondhand smoke are NOT any different in residential settings than in workplaces; Except, the health effects may be even more serious ... Little or no ventilation Continuous and concentrated exposure Chemical & particulate matters are bound to fabrics, paint, & other items and continue to outgas poisonous fumes and materials.

What about ventilation? Secondhand smoke cannot be controlled by ventilation or air cleaning. Latest American Society of Heating, Refrigerating & Air-Conditioning Engineers (ASHRAE) on secondhand smoke (June ‘05): At present, the only means of effectively eliminating health risk associated with indoor exposure is to ban smoking activity. www.ashrae.org “ ”

Only one effective approach Only eliminating smoking in indoor spaces fully protects nonsmokers from secondhand smoke exposure. Other approaches, such as separating smokers from nonsmokers and ventilation, are not effective. U.S. Department of Health and Human Services. State-specific prevalence of smoke-free home rules. Mortality & Morbidity Weekly Report, 56(20). Atlanta, GA: US DHHS, CDC; 2006.

Cost of smoking in apartments/condos Smoking damages residential property Poses fire hazard Causes burn damage to carpets, counters, etc. Leaves smoke residue on walls and curtains.

Cost of smoking in apartments/condos "Smoke-free apartment communities not only promote a healthy resident population, but also a healthy bottom line for owners and investors." -Dave Watkins, Chairman of the Board of the National Apartment Association

Restoring a smoke-damaged unit (Estimated on 2-bedroom, 2-bath unit) $15,000 Takes 4 days and 3 professional cleaning professionals. Carpet, vinyl, and other porous flooring must be removed and replaced. If tobacco has infiltrated sub-floors it must be sanitized and sealed. Thermal Foggers & Ozone Machines must be used, 24-48 hours Appliances need to be sanitized or replaced. Porous surfaces and appliances (cabinets, doors, etc) need to be sanitized and sealed or replaced. Upholstery and furniture must be replaced. National Estimate, Kennedy Restoration Certified Contractors www.kennedyres.com/

Issues of smoking in apartments/condos Complaints from non-smoking tenants about smoke drifting into their units. Legal action taken against landlords and/or boards who allow smoking in their buildings.

Is a 100% smoke-free policy legal? YES! There is no legal right to smoke. Smokers are NOT a protected class of people under federal, Hawai‘i state or local laws. Nothing stops landlords from prohibiting smoking on their property or in their units. In fact, it IS A LEGAL RIGHT, to live free from the hazards of secondhand smoke exposure.

Legal costs Tenants negatively impacted by secondhand smoke have right to seek legal action against landlords who do not make adequate provisions to protect them. • Breach of warranty of habitability and/or breach of warranty of quiet enjoyment • Nuisance law violation – just as in cases where dogs are barking too loudly, neighbors are too loud after hours, etc. • Negligence, harassment, trespass, constructive eviction, intentional infliction of emotional distress, battery • Violations of housing or health codes

What you can legally do Apartment owners and condominiums are permitted by federal and state law to adopt total smoke-free policies. The U.S. Department of Housing and Urban Development says it is legal. Hawai‘i’s Attorney General has issued a letter that says it is legal.

Hawai‘i State Attorney General: “ …state and federal law allows a privately-owned apartment or a privately-owned condominium to adopt a smoke-free policy for the property, including individual units and lanai… Shari Wong Deputy Attorney General State of Hawai‘i Approved by: Mark J. Bennett Attorney General ”

HRS 514B-105(b) Associations may adopt rules and regulations that: Prevent any use of a unit which violates the declarations or bylaws. Regulate any behavior in or occupancy of a unit which violates the declaration or bylaws or unreasonably interferes with the use and enjoyment of other units or the common elements by other unit owners.

US Dept. of Housing & Urban Development in Hawai‘i …regulating smoking in public housing units or in common areas is a local decision…according to the Fair Housing and Equal Opportunity Civil Rights analyst, smokers are not a protected class under the Fair Housing Act. Gordon Y. Furutani Field Office Director Hawai‘i Field Office U.S. Dept. of Housing and Urban Development “ ”

HUD house rules “ (decisions on) house rules for a property rests solely with the owner...House rules must be related to the safety, care, and cleanliness of the building or the safety and comfort of the tenants… U.S. HUD Public Housing Handbook 4350.3 REV-1 ”

16% Smoke-free in Hawai‘i of Hawaii’s condominiums and apartments currently have a policy that completely bans smoking on their property. Krupitsky, D., Kishaba, G. Smoke-Free Policies in Hawai‘i’s Apartments and Condominiums. [Unpublished] version: April 20, 2007

Current smoking policies in apartments 32% of apartments allow smoking both on lanai and in units. 4% don't allow smoking on lanai or in the unit. 9% allow smoking on lanai only. 19% allow smoking in the unit only. Krupitsky, D., Kishaba, G. Smoke-Free Policies in Hawai‘i’s Apartments and Condominiums. [Unpublished] version: April 20, 2007

National trend The proportion of US households with smoke-free home rules (voluntary household rules not allowing smoking in any part of the home at any time) increased from 43% in 1992–1993 to 72% in 2003. This proportion increased significantly in every state over this period. U.S. Department of Health and Human Services. State-specific prevalence of smoke-free home rules. Mortality & Morbidity Weekly Report, 56(20). Atlanta, GA: US DHHS, CDC; 2006.

Setting Precedents Merrill v. Bosser – Landlord held liable for secondhand smoke intrusion. Based on trespass, common law nuisance, and breach of covenant (Broward County, Florida). 65 local housing authorities across the nation have adopted smoke-free policies in multi-unit dwellings, including Michigan, Maine, Minnesota, Nebraska, Washington, California, Wisconsin, Oregon, Florida, Idaho, Montana, Indiana, and New Jersey (Smoke-Free Environmental Laws Project).

What can we do? To implement a smoke-free policy in a multi-unit dwelling: Add smoke-free provisions to leases. Add smoke-free policies in house rules and bylaws. Post signs and send out notices that this policy is in effect.

What can we do? To implement a smoke-free policy in a single family home: Make family policies about NOT smoking in the home. Let friends know that it is NOT okay to smoke in your home.

How do we start? To implement a smoke-free policy in a multi-unit dwelling or home: Inform 2. Assess 3. Create 4. Act 5. Enforce 6. Evaluate

1. Inform Provide information on secondhand smoke effects. Provide cost benefits and information on legal liabilities and rights.

2. Assess Do a simple assessment of your landlords/residents.

3. Create Create a smoke-free policy to insert into your by-laws and/or house rules.

4. Act Let your tenants/owners review and comment on the new policy. Add policy to your leases, house rules, and/or by-laws. Let people know that the new policy is being added and will be enforced.

5. Enforce Post signs that clearly state that no-smoking is allowed in units or on lanai throughout the building. Advertise policy implementation and enforcement plan in newsletters and through other industry media. Create sanctions within your smoke-free policy to deal with violations of the policy.

6. Evaluate Assess your tenants/owners (after a period of time) to get a feel for how the new policy is working, and how it is positively or negatively affecting the property (e.g. number of smoking violations, number of complaints of smoke drift, etc). Make changes to your policy and/or your enforcement efforts based on feedback from tenants/owners.

Need Help? Go To: www.hawaiismokefreehomes.org

What’s in the website toolkit? Steps on how to create a smoke-free apartment or condominium building Data and research on the negative health impact of tobacco and secondhand smoke exposure Sample policies, by-laws, house rule language Legal analyses Financial analyses Sample no-smoking signs Highlight local apartments/condos who are smoke-free Personal stories Other helpful information

Community & government partners Coalition for a Tobacco-Free Hawaii Hawaii State Department of Health Asthma Program Cancer Program Tobacco Prevention and Education Program Hawaii Asthma Initiative

Mahalo! For more information, please contact: The Coalition for a Tobacco-Free Hawai‘i 808-946-6851 Hawai‘i Department of Health Tobacco Prevention and Education Program 808-586-4613 Hawai‘i State Asthma Control program 808-692-7472