1. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment Clean Indoor Air in Apartments: Researching Effective Strategies Funded by the Minnesota Partnership for Action against Tobacco This research project was funded in part by the Minnesota Partnership for Action Against Tobacco. These findings are solely the responsibility of the authors and do not necessarily represent the official views of the Minnesota Partnership for Action Against Tobacco.

2. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment Genesis of research u Association for Nonsmokers-Minnesota was receiving calls from tenants bothered by migrating smoke. u ANSR wanted some concrete information to help them. u Called upon Center for Energy and Environment.

3. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment CEE is an independent, nonprofit organization that works to promote the responsible and efficient use of natural and economic resources. CEE accomplishes this mission through program development and delivery, research, evaluation and public policy initiatives. CEE has provided energy, environmental and housing rehabilitation services to utilities, private corporations, neighborhood organizations, municipalities and public agencies for over eighteen years.

4. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment Goal To build a sound base of knowledge that will facilitate two types of interventions to reduce renters’ exposure to environmental tobacco smoke (ETS) in their homes: l designation of smoke-free apartment buildings l treatment of smoking-permitted buildings to minimize transfer of ETS among units

5. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment Team u Center for Energy and Environment u Association for Nonsmokers – Minnesota u Minnesota Multi Housing Association u (National Association of Housing and Redevelopment Officials, Minnesota Chapter) u Anderson, Niebuhr & Associates u Hanbery, Neumeyer & Carney u HOME Line, Mid-Minnesota Legal Assistance, City of St. Paul u Grimsrud & Associates u Brookhaven National Lab u University of California, Berkeley

6. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment Tasks 1.Completed uConduct in-depth interviews of multifamily owners uSurvey statistical sample of renters uResearch legal issues 2.Expected to be completed in 2003 lField test strategies to reduce ETS transfer lQuantify financial benefits of smoke-free buildings lEvaluate research outcomes and develop application plan

7. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment Owner survey - objective u to understand perceived barriers to and information needs regarding both smoke-free buildings and reduction of ETS transfer in smoking-permitted buildings Methods u Qualitative u In-depth telephone interviews u Small, non-random samples: l Private owners (MHA, coalitions) -- 26 l Known owners of smoke-free buildings -- 11 l Public owners (NAHRO) – 12

8. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment We were able to talk to more smoke- free owners than expected, and their experience has been positive. Nineteen of the twenty said they are very likely to continue to offer smoke-free units.

9. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment Owners who have not designated any smoke-free buildings think there is a market, but most are not aware of any smoke-free rental buildings in Minnesota, &

10. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment they are not very interested in designating smoke-free buildings; their expectations of the effects of smoke-free designation are negative.

11. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment

12. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment Affects of Smoke Free Designation u Substantial majority of those with smoke-free buildings have found that the smoke-free designation had no effect on turnover, vacancy rate, and amount of rent that could be charged and a decrease in time to manage the building. u A small majority reported that the designation reduced staff time required to manage the building; a large minority that it had no effect on staff time.

13. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment Renter survey - objectives u document the extent and severity of perceived problems with ETS transfer among MN renters; u provide owners with solid information regarding the marketability of smoke-free rental housing and the importance of ETS-free units to renters; u examine how problems with ETS transfer vary by building type and location within buildings.

14. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment Methods u Quantitative u Short survey, closed-ended questions u Mail-mail-mail-phone data collection u Random sample of 405 renters (95% CI =  5%) u Oversamples (95% CI =  10%): l Minorities l Young adults (< 25) l HH with children l HH in 2-to-4 unit dwellings u Response rate 71%

15. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment 29% of rental households in multifamily buildings have one or more smokers; 16% of these do not allow smoking in their apartments.

16. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment Almost half of rental HH in mf buildings say that, at times, tobacco smoke odors get into their apartment from somewhere else…

17. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment 37% of those experiencing ETS transfer say it bothers them “a lot” or “so much I’m thinking of moving”…

18. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment u HH with children and HH below the federal poverty level experience significantly more ETS transfer u Non-senior HH and HH in older buildings experience marginally more ETS transfer u No significant differences by rent category, minority status, presence of smoker, Metro vs. Outstare location u No significant differences by building height, number of units, floor on which tenant is located.

19. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment Almost half of Minnesota renters are “extremely” or “very” interested in living in a smoke-free building… HH with no smokers and minority HH are more interested in living in smoke- free buildings There are no other statistically significant differences

20. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment On the other hand, 20% of renters say it is “very important” to them to live in a building where smoking is allowed…

21. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment Over half of renters would be “very likely” to choose a smoke-free building all other things being equal…

22. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment Over a third of renters would pay more to live in a smoke-free building; some are willing to make other trade-offs to live in a building with no tobacco smoke odor, but they will not give up major amenities. …

23. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment Observations u Secondhand smoke transfer appears to be a very common occurrence in multifamily buildings in Minnesota u There are few meaningful differences in ETS transfer as a function of building characteristics (only age of building)

24. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment Observations u There appears to be excellent market potential for smoke-free buildings across all demographic segments investigated. u Owners have successfully designated a range of buildings smoke-free (subsidized and not, different bldg classes, different types of renters) u Offering smoke-free buildings appears likely to be profitable for private owners: l A way to differentiate properties l Some renters willing to pay more l Owners who have gone smoke-free have seen neutral or positive effects on turnover, vacancy and rents charged. u Renters with incomes that would qualify them for publicly-assisted housing are as interested in smoke-free housing as higher income renters.

25. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment Legal research methodology u Drawn from several online sources, such as Lexis- Nexus, Google.com, Yahoo, & Lois Law& print sources using key words having to do with smoking. u Directed to state and federal statutes and regulations as well as reported cases. u Answered specific questions in the following areas: l Landlord-tenant & contract law l Civil rights law l Negligence/tort law and l Nuisance and environmental rights law.

26. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment Legal research methodology II u Supplemented with interviews with people like attorneys general, attorneys in tobacco control, & municipal personnel & with searches of relevant websites.

27. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment Legal politics u Legal advisory committee included attorneys representing l Property owners and managers including public housing l Tenant attorneys and advocates & Legal Aid l Center for Energy and Environment l Association for Nonsmokers-Minnesota

28. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment Objectives u Develop a model smoke-free lease clause or legal agreements that provide a meaningful level of assurance of smoke-free homes to renters while holding the risk to property owners in providing smoke-free rental housing under current law to a level that will encourage smoke-free designation. u Summarize status of law with regard to designation of smoke- free buildings and taking or failing to take actions to minimize ETS transfer u Suggest changes to statutes, ordinances and regulations would further facilitate smoke-free lease clauses.

29. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment Summary of legal research u Landlord can include use restrictions, such as a no-use-of- tobacco restriction, in a lease. u HUD has supported the right of landlord to include such a restriction, including leases of federally subsidized housing. u Although the law in this area is far from settled, the risk of suit and potential liability for landlords merits property owners’ taking a closer look at offering smoke-free options. u Carefully drafted leases can limit the landlord’s exposure to ETS claims while benefiting the landlord in other ways. u Civil rights suits in employment suggest that being a smoker is not a disability within the meaning of various civil rights laws.

30. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment Summary of legal research II u Chief risk for a landlord offering a smoke-free environment is the risk that smoke-sensitive tenants will seek to hold the property owner or manager to a higher standard of care and argue that the landlord has promised higher air quality for the building. This risk could be addressed by language in lease.

31. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment Key points u Secondhand smoke drifting from other units is a problem for many renters. u There is a market for smoke-free rental units in a wide spread of price ranges and for various types of renters. u Landlords who ignore the issue of smoking face a growing likelihood of suits by tenants suffering from ETS; landlords who choose to offer no-smoking options, or to limit smoking may reduce their risks of such suits without exposing themselves to civil rights claims by smokers.

32. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment Next steps u Complete the building treatments and financial analysis u Disseminate the research results to l Tobacco control advocates l Building owners and managers l Builders, architects, HVAC personnel l Tenants organizations l Attorneys and Legal Aid organizations

33. Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment Complete reports u Reports: www.mncee.org, indoor air quality, multifamily buildings.www.mncee.org u Lease: www.ansrmn.org, smoke-free apartments, model lease.www.ansrmn.org