Implementing a Smoke Free Housing Plan in Independent Living By Kathy Loscheider, Executive Director Christian Care - Phoenix

Banning Smoking in Public and Subsidized Housing  The number of local public housing authorities and owners that prohibit smoking in common areas and individual rental units increased fourfold from 2004 to 2006 according to the Center for Social Gerontology.

Why Owners Should Implement a Non-smoking Policy  The growing trend toward banning smoking at public and subsidized housing mirrors the health-motivated national movement to ban smoking in public places.  Non-smoking policies guard owners and residents against harm caused by second-hand smoke and cigarette-related fires.  Non-smoking policies can also save owners $2-3,000 per unit on refurbishing costs.

Authority for Establishing Non- Smoking Policies  Smokers are not a protected class under federal law, as are other groups such as persons with disabilities.  The U.S. Department of HUD does not prohibit owners from establishing non- smoking policies in public housing.  Non-smoking policies are generally governed by state law.

Arizona State Law… Smoke Free Arizona Act went into effect in 2007  THEREFORE, The people of Arizona declare that everyone has the right to breathe clean indoor air in public places and at work, and that the health of Arizonans will be improved by prohibiting smoking in enclosed public places and places of employment. It is the intent of this Proposition to protect patrons, employees and people who may be particularly vulnerable to the health risks of breathing secondhand tobacco smoke including children, seniors and people with existing health problems.  See to read the entire act.

Implementing a Non-Smoking Policy The easiest way to implement a non-smoking policy is to add a “house rule” rather than to amend an existing lease. 1. Owners should give adequate prior notice to current residents and prospects that the building will be implementing a non-smoking policy. (We gave 12- months advance notice – see memorandum #1). 2. Owners should express concerns for the safety of the residents and condition on individual units and buildings as a whole.

Implementing a Non-Smoking Policy 3. During the 12-month notice the Owner gives notice to each resident at the time of lease renewal of the new house rule which prohibits smoking in their individual unit and the effective date of implementation of the house rule. The resident signs receipt of the notice. 4. The owner might also consider giving current residents resources for helping them stop smoking such as smoking cessation programs.

Implementing a Non-Smoking Policy 5. The owner shall give a copy of the new house rule with all rental applications so prospective residents are aware of the implementation date days prior to the implementation date the owner should designate outdoor smoking areas. These areas must be 20 feet from any entrance to a building or open window. These areas should be marked with a sign “Designated Smoking Area” and should include shade, seating and cigarette disposal containers days prior to the implementation date, the owner should give residents a reminder notice of the non-smoking implementation date. (see memorandum #2) A map showing designated smoking areas is helpful.

Implementing a Non-Smoking Policy 8. On the effective date of the non-smoking policy the owner should install non-smoking signs at all entrances to the building and post a map of designated smoking areas on a public bulletin board. 9. We implemented a 3-strike approach to residents who were non-compliant with the non-smoking rule.

Implementing a Non-Smoking Policy  Strike 1 – At first confirmed report of a resident smoking in the unit we advised the resident through a letter and/or home visit that we were concerned they were smoking in their apartment. We gave them copies of our non-smoking policy and a copy of their lease amendment they signed when they received the notice of the new house rule.

Implementing a Non-Smoking Policy  Strike 2 – At a second confirmed report of a resident smoking in their apartment we issue a notice stating they are in non-compliance with their lease. They are advised they will receive a 30-day notice of lease cancellation if there is a 3 rd report. The resident is given a list of resources if they wish to stop smoking.

Implementing a Non-Smoking Policy  Strike 3 – At the third confirmed report of a resident smoking in their unit a 30-day cancellation of lease notice is delivered to the resident. The resident has 10-days to request a meeting with the Apartment Manager. The resident is asked to provide an acceptable plan of action for complying with the non-smoking house rule or the lease is cancelled.

Our Experience in Implementing a Non-Smoking Policy  We implemented our non-smoking rule in July of We have not gone past strike 2 with any resident.  We have had 3-4 residents move out of our buildings (500+ units) because of the non- smoking rule.  We have overwhelming support from non- smoking residents and family members who appreciate the rule.

Our Experience in Implementing a Non-Smoking Policy  We have overwhelming support from employees (housekeeping and maintenance) who no longer have to work in smoke filled apartments.

Resident Appeals  Residents should have the right to appeal the non-smoking policy. Christian Care residents have the right to appeal through our grievance policy included in the Resident Handbook. We have not had one resident appeal.

Resources:  Assisted Housing Management Insider, March 2007, Banning Smoking in Public and Subsidized Housing