Presentation to Florida Association of Housing and Redevelopment Officials August 7, 2013 Matthew Competiello American Lung Association SMOKE-FREE MULTI-UNIT HOUSING: CHANGE IS IN THE AIR

TOUCH Initiative Transforming Our Community’s Health Broward County’s TOUCH initiative is the only Florida funded Community Transformation Grant from the U.S. Department of Health and Human Services’ (HHS’s) Centers for Disease Control and Prevention (CDC). Funded under the Affordable Care Act to support public health efforts to reduce chronic diseases, promote healthier lifestyles, reduce health disparities, and control health care spending. Award of $1.76 million a year for five (5) years ( ). A collaborative effort among more than 20 community organization partners and 10 coalitions coordinated by Broward Regional Health Planning Council. Four main focus areas: Tobacco Free Living Active Living and Healthy Eating High Quality Clinical and Preventive Services Healthy and Safe Physical Environment

What does going smoke-free mean? Has a written policy restricting smoking:  Inside units  On balconies and patio areas  In breezeways, staircases, and hallways  Common areas No one size fits all policy.  Smoke-free housing policies should reflect the layout of your property and demands of your residents.

Clearing the air on smoke-free policies Smokers are welcome to reside in smoke-free communities.  Smoking is restricted, not the smoker. Not a mandate to get people to quit smoking. A smoke-free policy allows housing providers to protect the health of their building, residents, and guests while boosting their bottom-line.

Florida HAs with SF MUH Policy Macclenny Housing Authority

Waterway Village Apartments in Aventura Simply Better Management

Catholic Housing Management Operates low-income elderly housing in South Florida. Provides housing for 2,400 tenants at 15 properties. Adopted smoke-free housing policy effective Oct for all its properties.

Why do I want a smoke-free policy for my building? Market demand for smoke-free housing is high. It makes financial sense. Secondhand smoke, a deadly toxin, travels from unit to unit. Secondhand smoke can cause tension between residents and owners. Smoke-free housing policies are legal. It’s easy to do and easy to enforce.

High market demand Non-smoking is the norm. The Centers for Disease Control and Prevention estimates:  18% of American adults are “smokers.”  17.5% of Florida adults smoke. Source: CDC, Behavioral Risk Factor Surveillance System, 2007 to 2008

Smoking in the home is no longer the norm Even among smokers, there is a general consensus that no one wants to live in an ashtray. 2 out of 3 Florida adult smokers (64.6%) always or usually go outside to smoke.* 1 out of every 10 adult smokers (11.6%) never go outside to smoke.* *Data comes from 4,000 randomized individuals selected by telephone (2006 Florida Adult Tobacco Survey)

Smoke-free multi-unit housing has support among smokers One-third of all smokers want a comprehensive smoke-free policy for their residence. Among nonsmokers, this percentage was higher (80.3%).* Almost half of smokers are bothered by outside tobacco smoke entering into their home.* 60% of smokers would welcome a smoke-free policy if it went into effect.* Source: Smoke-Free Multi-Unit Housing Survey Report for TOUCH. September 2012.

The economics support smoke-free housing policies It costs about 3 to 7 times MORE MONEY to renovate a unit that allows smoking. Possible insurance savings.

Costs to Rehabilitate a Unit Where Smoking is Prohibited vs. a Unit Where Smoking is Allowed Non-SmokerLight SmokerHeavy Smoker Paint$168$222$478 Flooring$50$942$1,422 Appliances$60$75$489 Bathroom$40$60$400 General Cleaning$240$480$720 Total$558$1,779$3,509 Data reflects surveys from housing authorities and subsidized housing facilities in New England. Collected and reported by Smoke-Free Housing New England, 2009

Smoke-free homes are more attractive According to the National Apartment Association smoke-free housing policies add value. The NY Times suggested this same fact:  “Agents who have assisted people selling or shopping for everything from starter homes to Victorian mansions agree: as the number of public places in which a person can smoke has shrunk, so has the number of home buyers who are even willing to consider a house with smoking in its past.” SOURCE: (New York Times, "Real Estate & Secondhand Smoke: On Tobacco Road, It's a Tougher Sell," February 8, 2004.)

Realtors see smoke-free homes with value added “Cigarette Smokers Have Tough Time Selling.” Denver Post, Douglas Brown (June 29, 2006). Reposted in REALTOR Magazine June 30,  “Smells don’t sell.” Anne Kedl, owner of Interior Assets, a real estate staging business in Centennial, Colo. “Smoky, Smelly Houses Don’t Sell.” The San Diego Union-Tribune, Emmet Pierce (Oct. 15, 2006). Reposted in REALTOR Magazine Oct. 18, 2006  “If you can smell it, you can’t sell it.” John Hokkanen, an Encinitas, Calif. real estate associate.

Tobacco Smoke Knows No Walls Multi-family housing units are not designed to contain air. According to the American Society of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE), secondhand smoke cannot be controlled by ventilation, air cleaning or the separation of smokers from non-smokers.  ASHRAE encourages smoke-free housing policies as “The only complete solution to the problem of secondhand smoke.“ (June 30, 2005) Indoor air quality studies have shown that up to 60% of the air you breath in any one room may come from somewhere else in the building.

Protect Your Property and Residents from Fires 93% of residential building smoking-related fires are nonconfined.* 1 out of 4 deaths caused by home smoking materials is not the smoker.** Nearly half (45%) of all deaths caused by home smoking material fires were age 65 or older.** National Fire Prevention Council recommends: “If you smoke, smoke outside.” ______________________________________________________________________________________________________________________________ *U.S. Fire Administration “Smoking related fires in residential buildings” ( ). ** According to annual reports by the National Fire Prevention Council.

Protect Your Property and Residents from Fires Fire damage can cause units to go off-line for months. Water and smoke damage to units can also take them off- line. Forces residents to find alternative housing. Residents may seek legal action. Lake Park Gardens in Plantation Clary, Mike and Rodriguez, Ihosvani. “Smoking in bed starts fire that displaces seven families.” Sun- Sentinel, November 12, 2012.

Are smoke-free housing policies legal? Legal research demonstrates smoke-free policies are legal in every state in the U.S.. Smoke-Free policies are not discriminatory. Fair Housing laws may apply when secondhand smoke infiltrates a non-smoking unit.  E.g., In Re: HUD and Kirk & Guilford Management Corp. and Park Towers Apts. (1998). HUD-assisted housing may need to “grandfather” existing tenants until their leases renew.

Developing Your No Smoking Policy Include a smoke-free lease addendum with all new construction. For existing buildings: 1.Set a certain date for all units to be smoke-free (usually 6 months – 1 year in advance) 2.Include smoke-free lease addendum at time of lease renewal 3.Include a policy in all new lease agreements.

Strategy for Going Smoke-Free Develop community partners  American Lung Association  Local Department of Health and Tobacco Free Partnership  Area Health Education Center  Local college and universities  Legal firms, fire departments Survey property managers & tenants Set a timeframe for change Inform residents of benefits Update all leases and inform those on waiting list Enforce the policy

How to enforce a no-smoking rule Advertise units as smoke-free Have a smoke-free lease agreement Post signs Inform residents that if they smoke in their units, they will be held financially responsible Give advance notice to current tenants and those on your waiting list Use same warning/enforcement methods for smoking violations Visit properties regularly and perform inspections

Tips on Talking to Your Tenants Might want to go beyond your normal procedures in announcing rule changes. The issue is about protecting nonsmokers from secondhand smoke, not getting smokers to quit. Secondhand smoke travels between the units. Fire risk Health considerations of nonsmokers, the lung impaired, pregnant, children, and pets.

Other Considerations Evictions are rare  Nationwide, ALA has not seen massive evictions or challenges. Accommodate smokers  Make sure signs for smoking designated areas read “Smoker’s Haven” Might want to try piloting a smoke-free property. Promote smoke-free policies

Resources in Your Folders My contact information and this PowerPoint HUD Toolkit Sample Lease Addendum Sample Resident Letter and Survey Legal cases involving secondhand smoke Tenant complaint form Our website: PLEASE DON’T FORGET TO TAKE OUR SHORT SURVEY!!!

Tobacco-Free Broward is working to reduce exposure to secondhand smoke by implementing tobacco-free parks, tobacco-free college campuses, and smoke-free multi-unit housing complexes. Help support making Broward County a place where we can all breathe easy! Scan the QR code above or go to facebook and search for “Tobacco Free Broward”

Conclusion The issue is about protecting nonsmokers from secondhand smoke. Like all new changes, there are challenges but the opportunities and benefits outweigh the obstacles. There are community partners – I’m one of them!

Matthew Competiello Program Manager American Lung Association Serving South Florida 2020 South Andrews Ave. Fort Lauderdale, FL (954) Direct Line (954) Fax Made possible with funding from the Centers for Disease Control and Prevention. Kamalie Belizaire Program Coordinator American Lung Association Serving South Florida 2020 South Andrews Ave. Fort Lauderdale, FL (954) Direct Line (954) Fax