Developing a Smoke-Free Multi Unit Housing Program MARCH 2013

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1 Developing a Smoke-Free Multi Unit Housing Program MARCH

2 MARCH 2013

3 Developing a Smoke-Free Multi Unit Housing Program MARCH

4 MARCH 2013 AMERICAN LEGACY FOUNDATION (LEGACY) Legacy develops programs that address the health effects of tobacco use. Legacy wrote a very helpful document called A Hidden Epidemic: Tobacco Use and Mental Illness which can be accessed here: Epidemic.pdf AMERICAN SOCIETY OF HEATING, REFRIGERATING, & AIR CONDITIONING ENGINEERS (ASHRAE) ASHARAE s mission is to advance the arts and sciences of heating, ventilating, air conditioning and refrigerating to serve humanity and promote a sustainable world. AMERICANS WITH DISABILITIES ACT The ADA prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications. APARTMENT LIVING GUIDE The Apartment Living Guide is a rental search service available to renters in a number of states across the nation. ASSOCIATION FOR THE TREATMENT OF TOBACCO USE AND DEPENDENCE (ATTUD) The Association for the Treatment of Tobacco Use and Dependence is an organization of providers dedicated to the promotion of and increased access to evidence-based tobacco treatment for the tobacco user. ATTUD wrote a position statement called, A National Call to Integrate Tobacco-Free Policy and Tobacco Cessation Services into Behavioral Healthcare. It can be accessed here: BREAK FREE ALLIANCE The Break Free Alliance works to reduce tobacco use among populations of low socioeconomic status. They convened a panel of experts to discuss and strategize methods for working on tobacco cessation within the homeless population, called Addressing Tobacco Use in Homeless Populations: Recommendations of the Expert Panel. It can be accessed here: breakfreealliance/pdf/breakfree_tobhomeless- BkltPrf3.pdf CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC) The CDC works to create the expertise, information, and tools that people and communities need to protect their health through health promotion, prevention of disease, injury and disability, and preparedness for new health threats. CDC S BEST PRACTICES FOR COMPREHENSIVE TOBACCO CONTROL PROGRAMS practices/index CDC s Best Practices for Comprehensive Tobacco Control Programs 2007 is an evidence-based guide to help states plan and establish effective tobacco control programs to prevent and reduce tobacco use. 207

5 Developing a Smoke-Free Multi Unit Housing Program MARCH 2013 CDC S HEALTHY HOMES MANUAL: SMOKE-FREE POLICIES FOR MULTI-UNIT HOUSING The Healthy Homes Manual for Smoke-Free Policies in Multiunit Housing is designed for state and local Healthy Homes programs that are working to reduce secondhand smoke exposure in multiunit housing. The manual provides fieldtested strategies, recommendations, best practices, and tools. The content draws on peer-reviewed research and interviews with practitioners. The manual is intended to frame issues and provide guidance for programs that choose to address smoke-free policies among multiunit housing. CDC S MEDIA CAMPAIGN RESOURCE CENTER (MCRC) htm Funded by the U.S. Centers for Disease Control and Prevention s Office on Smoking and Health, the MCRC is a clearinghouse of tobacco control related media. The MCRC licenses and maintains an inventory of existing tobacco control advertisements developed by a number of U.S. states, organizations, and federal agencies. CDC S JOURNAL: PREVENTING CHRONIC DISEASE, VOLUME 9, CDC S TOOLS FOR SURVEILLANCE AND EVALUATION OF TOBACCO CONTROL PROGRAMS A journal of the CDC, Preventing Chronic Disease had a worthwhile article in their ninth volume called, Promoting Smoke-Free Environments and Tobacco Cessation in Residential Treatment Facilities for Mental Health and Substance Addictions, Oregon, 2010, that focused on tobacco cessation in residential facilities. It can be accessed here: CDC provides several resource guides for evaluating tobacco control programs. CENTER FOR ENERGY & ENVIRONMENT (CEE) A non-profit organization that promotes energy efficiency to strengthen the economy while improving the environment. COMMUNITY ASSOCIATIONS INSTITUTE (CAI) CAI is an international organization dedicated to building better communities. It provides education and resources to community association homeowner leaders, professional managers, association management companies and other businesses and professionals who provide products and services to community associations. FEDERAL FAIR HOUSING ACT The Fair Housing Act, as amended in 1988, prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin. FEDERAL REHABILITATION ACT The Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. 208

6 MARCH 2013 HEALTHY HOUSING LAW This website is dedicated to providing legal information and resources to promote healthy housing. Topics include secondhand smoke, mold, lead-based paint, and radon. HELP TO QUIT PROGRAM FROM BEBETTER HEALTH, INC. The Help to Quit Program developed a toolkit focusing on tobacco cessation techniques within special populations called, Addressing Effective Treatment for Tobacco Users with Mental Illness and/or Substance Use Disorders. It can be accessed here: tookit.pdf HOMELINE HomeLine is a non-profit advocacy organization in Minnesota that provides free or low-cost legal advice to renters. HOUSINGLINK HousingLink is a nonprofit dedicated to connecting renters with affordable housing in Minnesota. They have an informative glossary of housing terms, which can be found here: INTERNATIONAL CRIME-FREE ASSOCIATION htm The International Crime-Free Association is a crime prevention program designed to reduce crime, drugs, and gangs and other illegal activity on apartment properties. INSURANCE SERVICES OFFICE (ISO) ISO is a provider of data, underwriting, risk management and legal/regulatory services and monitors regulatory standards and insurance laws. JOURNAL OF CONSULTING AND CLINICAL PSYCHOLOGY In 2004, the Journal of Consulting and Clinical Psychology published an informative article in called, A Meta-Analysis of Smoking Cessation Interventions with Individuals in Substance Abuse Treatment or Recovery. Published in volume 72, number 6, it can be accessed here: casat.unr.edu/docs/meta-analysis_jccp2004.pdf KLEPEIS, NEIL Dr. Klepeis studies human exposure science and conducts research on how contaminants in the environment come into contact with people. LAWHELP.ORG LawHelp.org LawHelp.org has been created for people living on low-incomes and the legal organizations that serve them. LawHelp.org provides referrals to local legal aid and public interest law offices, basic information about legal rights, court forms, selfhelp information, court information, and links to social service agencies in each state. LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) LEED is an internationally-recognized green building program that certifies green buildings through a ranking system. 209

7 Developing a Smoke-Free Multi Unit Housing Program MARCH 2013 LOW-INCOME HOUSING TAX CREDIT QUALIFIED ALLOCATION PLAN (LIHTC QAP): LIHTC is the largest source of federal subsidy for adding rental housing units to the affordable housing stock in the United States. The QAP is a required plan for how each state should distribute its LIHTC credits. MINNESOTA COALITION FOR THE HOMELESS Minnesota Coalition for the Homeless is a network working to address and prevent the root causes of homelessness. MINNESOTA GREEN COMMUNITIES Minnesota Green Communities is a nonprofit that works to create affordable green housing. MINNESOTA MULTI-HOUSING ASSOCIATION (MHA) MHA is a statewide non-profit trade association. Members of this association include Minnesota apartment property managers, owners, common interest community members and vendors. MHA releases a monthly publication called The Advocate. MINNESOTA SOCIAL SERVICE ASSOCIATION The Minnesota Social Service Association is a trade organization that provides education and resources for people in the social service field. NATIONAL APARTMENT ASSOCIATION (NAA) NAA is a housing trade association targeted toward providers of market-rate and privately owned housing. NAA produces a monthly magazine called UNITS which features news about the multifamily housing industry. NAA members can also receive a weekly newsletter called the Industry Insider, which includes current noteworthy housing articles. NATIONAL ASSOCIATION OF HOUSING AND REDEVELOPMENT OFFICIALS (NAHRO) NAHRO is a housing trade association targeted toward providers of public and low-income housing. NATIONAL COALITION FOR THE HOMELESS The National Coalition for the Homeless works to both prevent and end homelessness, while ensuring that the immediate needs of those experiencing homelessness are met, and their civil rights protected. They have a fact sheet about tobacco use in the homeless population, which can be accessed here: factsheets/tobacco.pdf NATIONAL MULTI-HOUSING COUNCIL (NMHC) NMHC is a trade association representing apartment owners, managers, developers, lenders, and service providers. NMHC has several e-newsletters on relevant multi-unit housing topics. 210

8 MARCH 2013 PUBLIC HEALTH LAW CENTER (PHLC) PHLC is a national non-profit organization of law and policy specialists that help health leaders, officials, and advocates use the law to advance public health. RENT411 RENT411 is a rental search service for apartments, townhomes and houses for rent in Saint Paul, Minnesota, Minneapolis, Minnesota, Houston, Texas and surrounding areas. REPACE ASSOCIATES, INC. James Repace, MSC, is a biophysicist and an international secondhand smoke consultant who has published more than 60 scientific papers on the hazard, exposure, dose, risk, and control of secondhand smoke. ROSWELL PARK CANCER INSTITUTE Roswell Park Cancer Institute works to understand, prevent and cure cancer through research, treatment and technology. SMOKE-FREE MULTI-UNIT HOUSING LISTSERV Anyone who is working on or interested in learning more about smoke-free multi-unit housing can contact the Smoke-Free Environments Law Project in Michigan to join the listserv. Please contact Brooke M. Fajardo (734) or bmmcreary@tcsg.org SMOKING CESSATION FOR PERSONS WITH MENTAL ILLNESSES: A TOOLKIT FOR MENTAL HEALTH PROVIDERS. The University of Colorado Denver, Department of Psychiatry, Behavioral Health and Wellness Program, created a toolkit geared to Mental Health Providers on tobacco cessation with mentally ill persons. SURGEON GENERAL S CALL TO ACTION TO PROMOTE HEALTHY HOMES This call to action discussed how housing can affect health, and focused on a number of changes that can be made in the home to benefit the health of the persons living there. THE ANNUAL REVIEW OF PUBLIC HEALTH JOURNAL The Annual Review of Public Health publication covers significant developments in the field of Public Health, including key developments in epidemiology and biostatistics, environmental and occupational health, issues related to social environment and behavior, health services, and public health practice. In April of 2010, they had a valuable article about the neglect of tobacco cessation support for persons with mental illness and substance abuse problems in their thirty-first volume. It can be accessed here: org/wp-content/uploads/2009/02/annurev.publhealth pdf 211

9 Developing a Smoke-Free Multi Unit Housing Program MARCH 2013 TOBACCO CONTROL LEGAL CONSOR- TIUM (TCLC) tobacco-control-legal-consortium TCLC assists communities with various tobacco law-related issues that can range from smokefree policies to tobacco control funding laws to regulation of flavored cigarettes. TCLC has many legal synopses regarding secondhand smoke in multi-housing: REGULATING SMOKING IN MULTI-UNIT HOUSING files/resources/tclc-guide-regulatingsmokingmultiunits-2011_0.pdf This Tips and Tools sheet provides a general overview of different approaches to controlling exposure to secondhand smoke in multi-unit buildings. Links are provided to national programs working on smoke-free policies. SECONDHAND SMOKE SEEPAGE INTO MULTI-UNIT AFFORDABLE HOUSING files/resources/tclc-syn-secondhand-2010_0.pdf This legal synopsis documents the urgent need for smoke-free housing for those who have lower incomes, and the health and monetary benefits of providing smoke-free housing. It also reviews the legality of prohibiting smoking in public housing and HUD-assisted residential units, debunks the mistaken belief that smoking is a disability and discusses why allowing smoking could lead to lawsuits against the housing authority. INFILTRATION OF SECONDHAND SMOKE INTO CONDOMINIUMS, APART- MENTS AND OTHER MULTI-UNIT DWELL- INGS: files/resources/tclc-syn-condos-2009_0.pdf This publication includes recent information on smoke-free housing laws and policies. It explains the right of landlords, condominium associations and public housing authorities to prohibit smoking in individual units and suggests solutions for private individuals if secondhand smoke is seeping into their dwellings from neighboring units. The final section discusses enforcement concerns expressed by landlords and the advantages of specifically addressing smoking in a lease and provides smoke-free language to use in a lease or in condominium bylaws. LEGAL OPTIONS FOR CONDOMINIUM OWNERS EXPOSED TO SECONDHAND SMOKE files/resources/tclc-syn-condos-2006_0.pdf This synopsis discusses legal options available to a condominium owner exposed to drifting secondhand smoke from a neighboring condominium unit. Section I describes preliminary steps an owner should take in preparation for any legal action. Section II discusses legal options available under the Federal Fair Housing Act, the Americans with Disabilities Act, and state disability laws. Section III briefly reviews the use of arbitration or mediation. Section IV examines legal theories that could be used in a lawsuit against the neighbor or the condominium association. The synopsis concludes with observations about the implementation of smoke-free policies for condominium complexes. U.S. DEPARTMENT OF AGRICULTURE (USDA) RURAL DEVELOPMENT The USDA provides leadership on food, agriculture, natural resources, rural development, nutrition, and related issues based on sound public policy, the best available science, and efficient management. The USDA administers a program to encourage development of affordable housing in rural areas called Rural Development or Section

10 MARCH 2013 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) HUD is a federal agency that is dedicated to creating strong, sustainable, inclusive communities and quality affordable homes for everyone. HUD has issued notices recommending smoke-free multi-unit public housing. HUD NOTICE #PIH (2012) pih/09pihnotices. This notice from HUD is a reissuance of PIH Notice which strongly encourages Public Housing Authorities (PHAs) to implement smoke-free policies in some or all of their public housing units. HUD NOTICE #H (2010) huddoc?id=10-21hsgn.pdf This notice from HUD encourages owners and management agents participating in one of several Multifamily Housing rental assistance programs, including Project-based Section 8, to implement smoke-free housing policies in some or all of the properties they own or manage. HUD S LEADING OUR NATION TO HEALTHIER HOMES: THE HEALTHY HOMES STRATEGIC PLAN hh_strategic_plan.pdf HUD s plan to address health hazards in homes. HUD S SMOKE-FREE HOUSING TOOL- KIT FOR PUBLIC HOUSING AUTHORITIES AND OWNERS/MANAGERS The Smoke-Free Housing Toolkit for Public Housing Authorities and Owners/Managers is provided by the U.S. Department of Housing and Urban Development (HUD) in partnership with the American Academy of Pediatrics, the American Lung Association, and the U.S. Department of Health and Human Services. It is a compilation of existing educational, how-to and resource brochures, pamphlets and other information designed to assist owners/management agents of public and assisted multi-family housing who want safer and healthier homes. HUD S SMOKE-FREE HOUSING TOOLKIT FOR RESIDENTS The Smoke-Free Housing Toolkit for Residents is provided by the U.S. Department of Housing and Urban Development (HUD) in partnership with the American Academy of Pediatrics, the American Lung Association, and the U.S. Department of Health and Human Services. It is a compilation of existing educational, how-to and resource brochures, pamphlets and other information designed to assist residents of public and assisted multi-family housing who want safer and healthier homes. Select smoke-free multi-unit housing programs in the United States: AMERICANS FOR NONSMOKERS RIGHTS (ANR) ANR is dedicated to nonsmokers rights, taking on the tobacco industry at all levels of government, protecting nonsmokers from exposure to secondhand smoke, and preventing tobacco addiction among youth. AMERICAN LUNG ASSOCIATION (ALA) ALA works to save lives by improving lung health and preventing lung disease with education, advocacy and research. 213

11 Developing a Smoke-Free Multi Unit Housing Program MARCH 2013 CALIFORNIA CENTER FOR TOBACCO POLICY AND ORGANIZING (THE CENTER) The Center serves as California s statewide and local tobacco policy resource; the Center is a project of the American Lung Association in California and is funded by the California Tobacco Control Program. COLORADO GROUP TO ALLEVIATE SMOKING POLLUTION (GASP) GASP of Colorado is a nonprofit organization working to eliminate secondhand smoke from the air by advocating for smoke-free policies at work, in public places, and in multi-unit housing. LIVE SMOKE FREE PROGRAM A program of the Association for Nonsmokers Minnesota that assists Minnesota multi-unit housing owners and managers in adopting smokefree policies for their properties and provides training and technical assistance to tobacco control professionals that are developing smoke-free multi-unit housing programs. MICHIGAN SMOKE-FREE APARTMENTS PROJECT The Smoke-Free Environments Law Project (SFELP) is a statewide project which provides information, consultation and advice for businesses, local units of government, and individuals in Michigan on policies and practices to protect employees and the general public from the harmful effects of environmental tobacco smoke (ETS) and to address the legal requirements and liability issues related to ETS. Additional information can be found at: The Oregon Smokefree Housing Project ( ) was a collaboration of housing stakeholders and public health advocates (see below) to provide useful information and materials for the housing industry. The Project was coordinated by Diane Laughter, MPH, with Health In Sight LLC, and funded through a contract with the Tobacco Prevention & Education Program, Oregon Health Authority. While the project is no longer actively running, the website remains a resource to those seeking information about adopting smoke-free multi-unit housing policies. SMOKE-FREE HOUSING COALITION OF MAINE The Smoke-Free Housing Coalition of Maine, through education, advocacy, and policy change, works to reduce the number of residents living in multi-unit housing who are involuntarily exposed to secondhand smoke. **To find more smoke-free multi-unit housing programs around the world, Live Smoke Free has created a Global Directory of smoke-free multiunit housing programs. To request a copy of it or have your program added to the directory, please Live Smoke Free at: info@mnsmokefreehousing.org. OREGON SMOKEFREE HOUSING PROJ- ECT 214

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13 2395 University Avenue West, Suite 310 St. Paul, MN (651) This information is provided by Live Smoke Free, a program of the Association for Nonsmokers MN. Made possible with funding from the Centers for Disease Control and Prevention. Sponsored by the Minnesota Department of Health.

DEVELOPING A SMOKE-FREE MULTI-UNIT HOUSING PROGRAM

DEVELOPING A SMOKE-FREE MULTI-UNIT HOUSING PROGRAM A GUIDE FOR TOBACCO CONTROL PROFESSIONALS created by LIVE SMOKE FREE a program of the Association for Nonsmokers Minnesota STAGES OF SMOKE-FREE MULTI-UNIT