Smoke-Free Multi-Unit Dwellings Are Coming -- How We’re Going to Make it Happen Toronto, Ontario November 28, 2007

Presenter Jim Bergman, J.D. Smoke-Free Environments Law Project The Center for Social Gerontology, Inc. Ann Arbor, Michigan

Why smoke-free apartments? SHS in apts affects millions of people Secondhand smoke cannot be controlled Health risks the same as elsewhere Tenants want smoke-free apartments Increasing numbers of complaints about secondhand smoke infiltration in apts It’s legal to do Good deal for landlords

Millions live in rental dwellings Ontario, 32% of dwelling units are renter-occupied. Toronto CMA: 37% rental City of Toronto: 49% rental -- Statistics Canada, 2001 Census

Millions live in rental dwellings Ontario: about 3,783,822 people live in rental dwellings Toronto CMA: 1,623,456 people City of Toronto: 1,254,231 people -- Statistics Canada, 2001 Census

Smoke-free Households Are the Norm In 2005, 64% of households in Canada were totally smoke-free Ontario: 71% smoke-free British Columbia: 77% smoke-free Quebec: 43% smoke-free Canadian Community Health Survey

Smoke-free Households Are the Norm In 2005, 40% of households in Canada were totally smoke-free Ontario: 46% smoke-free British Columbia: 52% smoke-free Quebec: 23% smoke-free Canadian Tobacco Use Monitoring Survey

Smoke-free is the norm, but... Smoke-free homes are the norm, not the exception, in Toronto & Ontario But, most apartment & condo buildings are not smoke-free. A family with a smoke-free policy in their apartment or condo can easily have secondhand smoke intrusions.

What’s the problem? Secondhand smoke spreads throughout multi-unit dwellings: 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.

What’s the problem? Secondhand smoke cannot be controlled by ventilation or air cleaning: On June 30, 2005, the American Society of Heating, Refrigerating & Air-Conditioning Engineers (ASHRAE) issued their latest position document on secondhand smoke. It states: “At present, the only means of effectively eliminating health risk associated with indoor exposure is to ban smoking activity.”

Secondhand Smoke is Deadly It is a Group A carcinogen -- a substance known to cause cancer in humans for which there is no safe level of exposure. National Institute for Environmental Health Sciences Report, issued May 15, U.S. Environmental Protection Agency report, issued July, 1993.

Secondhand Smoke is Deadly It is a Toxic Air Contaminant, putting secondhand smoke in the same category as the most toxic automotive and industrial air pollutants. California Air Resources Board Report, issued January 26, 2006 by the California Environmental Protection Agency.

The Surgeon General has concluded : There is no risk-free level of exposure to secondhand smoke. Breathing even a little secondhand smoke can be harmful. The only way to fully protect yourself and your loved ones from the dangers of secondhand smoke is through 100% smoke-free environments. Surgeon General’s Report on Secondhand Smoke, issued June 27, 2006

Tenants want smoke-free apts Ipsos Reid poll in 2006 found 64% of all multi- unit dwellers in Ontario would choose a unit in a smoke-free building over one where smoking is permitted Healthy Androscoggin in Auburn, Maine surveyed 850 tenants; 76% would choose to live in a smoke-free apartment complex Twin Cites (MN): random sample survey -- 55% of renters said they had moved or would move from an apartment because of secondhand smoke seepage For opinion surveys:

Apartment secondhand smoke seepage complaints increase Most tobacco control programs now receive more complaints from people about secondhand smoke seepage in apartments than any other complaint Tenants beginning to realize they don’t have to accept this problem Tenants aware of dangers of secondhand smoke

Barriers to Landlords Adopting Smoke-Free Policies 1) They don’t think it’s legal to do so 2) Economic concerns that cut two ways: a) fear that they won’t be able to rent units; but b) know that units with smokers cost much more to rehab. 3) Not sure how to transition buildings with smokers to smoke-free status. 4) Questions about enforcement of SF policies. 5) Inertia: housing industry is lagging behind the market and the desires of tenants for SF housing.

What Can Landlords Legally Do? Apartment owners are permitted by federal and provincial law to adopt total smoke-free policies. There is no right to smoke enshrined in Canadian law. Smokers are not a protected class nor recognized as having a disability under the Canadian Charter of Rights and Freedoms.

Tenants have legal rights too Tenants who are bothered by secondhand smoke entering their unit from nearby units do have some forms of legal recourse to protect themselves. Tenants can take legal action against landlords who don’t make adequate provisions to protect them from secondhand smoke.

Economic concerns The market for smoke-free housing is huge About 80% of adults don’t smoke About 90% of persons 65+ don’t smoke Many smokers don’t want smoke in their home Most apartment buildings allow smoking; the marketplace is way behind demand

Economic concerns Smoking damages residential property: Poses fire hazard Causes cigarette burn damage and stench to carpets, counters, etc. Leaves smoke residue on walls and curtains, etc.

Economic concerns Smoking residue increases cost of rehabilitating apartment when smoker moves out Landlords estimate it costs $500 to $6,000 more to rehab an apartment in which a smoker lived than a non-smoker.

Economic concerns: Cigarette Fires About 13% of home fires in Ontario are caused by cigarettes and smokers’ articles. (Cigarettes are #1 cause of home-fire deaths.) Fire damage can cause apartment units to go off-line for months. Water and smoke damage to adjoining units can take them off-line, as well. Former residents have to find alternative housing and probably won’t return.

Transitioning to Smoke-Free To implement a smoke-free policy in a multi-unit dwelling where smoking residents already reside: Establish a date on which all new residents must not smoke inside. Decide how much time current resident smokers will have before their lease will include the smoke-free requirement (aka “grandfathering”).

Enforcement of Smoke-Free Policies Private and public landlords uniformly report that enforcement is not an issue Residents consistently follow the rule Violators of the smoke-free rule are most likely violators of other rules Eviction possible; rarely, if ever, occurs

Addressing marketplace inertia Major media efforts, including housing trade media Joining apartment management associations Promoting word-of-mouth among housing leaders about the value of smoke-free policies Working with newspapers & online apartment listing operators to add “smoke-free” as an amenity item Promoting “smoke-free” as an amenity item that should be used in marketing by apartment owners/managers

All truth passes through 3 stages 1st: it is ridiculed 2nd: it is violently opposed 3rd: it is accepted as being self- evident We avoided much of the first 2 stages by taking a voluntary approach, involving local partners, being knowledgeable, being accessible, using media, and working hard.

Approaches to Get Smoke-Free Policies Adopted Voluntary approaches being used in most states and localities, including: MI, ME, MN, UT, OR, WA, MD, OH, NY, NYC, CA, NJ, WV, WA, HI, ID, MA, etc. Also in all the Canadian Provinces where this is being worked on. Legislative approach being tried in California. Also, used to some extent in Utah in 1990s.

MISmokeFreeApartment as an Example of a Voluntary Approach MISmokeFreeApartment initiative begun in Michigan in 2004 because: Other remedies, including legal, weren’t getting the results we hoped for. We thought landlords would adopt smoke-free policies if they were sure it was legal. We didn’t think a legislative approach would succeed at this time.

Goal of MISmokeFreeApartment Initiative To make smoke-free multi- unit housing the norm in Michigan

The MISmokeFreeApartment initiative includes: MISmokeFreeApartment web site info & materials Assistance from SFELP & local partners Press releases and media initiatives Postcard mailings to landlords Surveys of smoke-free apartment availability Listing of smoke-free apartments on web site Radio ads Billboards

The MISmokeFreeApartment partners include: Local health departments and coalitions. Michigan Dept. of Community Health’s Tobacco Section Smoke-Free Environments Law Project (SFELP)

Smoke-free apartments in 2004? Virtually no smoke-free apartments or condos could be found in Michigan in private or public housing Most landlords thought it was illegal to have a smoke-free policy Most newspapers thought it was illegal to allow ads saying “no smoking” or “SF” Most tenants didn’t realize they had some rights to smoke-free housing

Was the MISmokeFree Apartment Initiative successful? Many tens of thousands of units of SF market-rate apartments and condos in Michigan Plus, well over 6,000 units of SF “affordable” multi- unit housing in Michigan 23 public housing commissions in MI have adopted SF policies (all in 27 months) Most newspapers now allow “smoke-free” ads Some online apt listing services now have “smoke- free” as an amenity item

Smoke-Free Housing Commissions

The MISmokeFreeApartment Initiative awarded: Michigan Cancer Consortium’s Spirit of Collaboration Award 2006 “All I can say is Wow! They made an impact from the Upper Peninsula to Southeast Michigan!” - Reviewer

To contact SFELP Smoke-Free Environments Law Project Smoke-Free Environments Law Project The Center for Social Gerontology, Inc Shelby Avenue Ann Arbor, Michigan