Smoke Free Multi-Unit Housing

Transcription

1 Smoke Free Multi-Unit Housing In partnership with Diana T. Myers and Associates, The Gulotta Group, and The Clean Air Council

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3 Table of Contents Introduction Page 1 Rationale for Smoke free Housing Page 2 Summary of the Final HUD Rule Pages 3-4 Keys to Success Pages 5-14 Key #1: Involve all staff Pages 6-7 Key #2: Include tenants in the process early Page 8 Key #3: Implement the smoke free policy thoughtfully Page 9-14 Conclusion Page 17 Acknowledgements Page 18 Contact Information Page 18 Appendices Pages Appendix A Dollars and Sense: Implementing a Smoke Free Housing Policy Page 19 Appendix B PA Free Quit line & Regional Primary Contractors Pages Appendix C Sample Smoke Free policy and lease addendum Pages Appendix D Pennsylvania Smoke Free Housing Program Page 28 Appendix E Smoke Free Multi-Unit Housing Additional Resources Page 29 Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18

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5 Introduction On February 3, 2017, the U.S. Department of Housing and Urban Development (HUD) finalized a rule requiring all Public Housing Authorities to adopt smoke free policies by July 30, Although the HUD ruling applies to public housing, going smoke free makes sense for all multi-unit housing buildings. Public housing authorities across Pennsylvania, and many privately owned multi-unit housing buildings, have already adopted policies requiring their properties to go smoke free; however, enforcement of these policies can be very challenging. Health Promotion Council, a regional tobacco control nonprofit organization, partnered with affordable housing consultants Diana T. Myers and Associates, Inc. and The Gulotta Group to produce Smoke Free Multi-Unit Enforcement Guide. The guide provides strategies for owners/managers of both PHAs and private multi-family housing to successfully enforce their smoke free policies. It includes information on the rationale for smoke free housing, a summary of the final HUD rule, and best practices for success, including sample tools and forms. To compliment these efforts, the team worked with the Pennsylvania Housing Finance Agency to incorporate smoke free policies as part of the threshold criteria for the Low Income Housing Tax Credit Program and with the Federal Home Loan Bank of Pittsburgh to incorporate smoke free housing as a best practice in the Implementation Plan for their Affordable Housing Program. These changes will impact multiple buildings and thousands of residents throughout the Commonwealth. Combined with comprehensive education, communication, and tobacco dependence treatment programs for residents, building managers and staff, these policy measures will have potential for significant reduction in public health and economic burdens associated with tobacco use. For more: or tobaccocontrol@phmc.org Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18 1

6 Rationale for Smoke free Housing The benefits of smoke free housing are indisputable- not only for residents, but also for visitors, building owners, developers, managers, employees and contractors. There are compelling reasons for adopting and enforcing smoke free housing: Secondhand smoke (SHS) has been proven to drift between units, and is extremely dangerous. 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. There is no safe level of secondhand smoke exposure; it is a health hazard for staff as well as renters. Smoking causes enormous expense to property managers and owners for cleaning, maintenance, property/item replacement, and insurance. Studies indicate that in a smoking building every ten Public Housing unit turnovers will conservatively cost $12,500 in additional maintenance costs. Cigarette Smoke makes air handling systems less efficient. According to Marriott Hotels, a smoke free policy results in up to 30% lower utility operating costs, as well as decreased use of air treatment systems. Studies show that fire caused by smoking is the leading cause of deaths in residential units. Fires from smoking account for 7% of all fires in residential units. Cigarette smoking violates renters desires to live in smoke free environments. Surveys across the country show that residents in multi-family housing prefer smoke free housing Change is in the Air: An Action Guide for Establishing Smoke Free Public Housing and Multi-Family Properties, U.S Department of HUD, Office of Lead Hazard Control and Healthy Homes, October 2014 Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18 2

7 Summary of the Final HUD Rule The final HUD Rule to restrict smoking in public housing went into effect on February 3, It required all PHA s administering public housing to adopt a smoke free policy within 18 months-by July 31, The policy applied to tenants, guests, staff and contractors and must have been approved by the board and included in the PHA s Administrative Plan. The following are relevant provisions of the HUD rule: Properties: Covered: both scattered-site and single family properties Excluded: units in mixed-finance projects, Section 8 housing, projects converted to project-based units and tribal housing Prohibited Products: Items involving ignition and burning of tobacco leaves, including but not limited to: cigarettes, cigars and pipes Water pipes (hookahs) Products not prohibited: Electronic cigarettes and vaping devices (Electronic Nicotine Delivery Systems (ENDS) Note: PHA s can include ENDS and vaping in their policy, if desired. It is strongly recommended for enforcement purposes. Prohibited products are not permitted in: Indoor areas, including living units and hallways, common areas, administrative office buildings, community centers, day care centers, laundry centers, etc. Outdoor areas, including within 25 feet of housing and administrative buildings or PHA property line (if less than 25 feet) The perimeter includes balconies, porches, decks and outdoor spaces within the 25 foot boundary PHAs can also create other smoke free areas outside the perimeter, including playgrounds and/or a campus wide policy For more information visit: Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18 3

8 PHA s must include smoke free policy in tenant leases/ amendments/addendums with at least a 60 day notice, including the date the policy takes effect If PHA has an existing policy that is less stringent than the HUD policy, it must be brought up to new standards within time line HUD may use PHA Certifications, periodic inspections and audits to monitor whether policies are being enforced Marijuana use is not addressed in the final HUD rule. However, federal law takes the position that marijuana in any form is a controlled substance and therefore is illegal in any HUD-assisted development including public housing. Further, a December 29, 2014 HUD memorandum that applies to all HUD-assisted developments requires owners to deny admission to a household that uses any form of marijuana including medical marijuana. However, the memorandum also gives owners discretion as to whether or not they must evict existing tenants that have a prescription for medical marijuana. It provides that owners shall establish standards or lease provisions for situations that might trigger eviction of an existing tenant on these grounds. This could include situations where the tenants use of medical marijuana interferes with the health, safety, or right to peaceful enjoyment of the premises by other tenants. It is noteworthy that the current Pennsylvania medical marijuana law does not allow a smoked form of medical marijuana; however Pennsylvania law does allow administration of dry leaf and plant form by vaporization. Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18 4

9 Keys to Success There are several keys to the successful implementation of a smoke free policy for your buildings. Two of these keys relate to the major players involved: 1) Management Staff and 2) Tenants. While there is an education component, i.e., providing clear guidance about what the policy is and how it will unfold, the importance of clear communication that utilizes effective messaging cannot be over-emphasized. Key #3: IMPLEMENT the smoke free policy thoughtfully Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18 5

10 Property Managers Administrative Support Staff Maintenance Staff When a decision is made by management to implement a smoke free policy, it is critical that staff be involved at an early stage to avoid misinformation and the feeling that the new policy is being foisted on staff who will have to deal with the challenges of implementation. Staff training is critical, and management should include all staff that interact with tenants, including property managers, administrative support staff, and maintenance staff. While the training can be accomplished with one staff briefing for smaller organizations, for larger organizations with more staff, multiple briefings may be necessary. An ideal number is staff at each briefing. If feasible, the training should be on a building- by- building or department basis (senior housing, general population housing, etc.) to ensure adequate time for staff questions and feedback.. The training should communicate: 1. The rationale for the policy change; 2. A review of the proposed smoke free policy, and; 3. The process for messaging the policy to tenants. Rationale for the Policy Change The rationale for a smoke free policy is fully described in the section above, and relates to health issues as well as the impact of smoking on housing operations, including but not limited to budget and maintenance operations. It is important that fiscal ramifications be fully described, as it is in the best interest of the staff to have a financially viable operation in the long-term A number of studies indicate that an increasing majority of residents and applicants prefer to live in smoke free housing. Initiating a smoke free housing policy gives management an advantage in terms of marketing properties, which is particularly important in a competitive rental market. In addition, there is data to suggest that turnover in smoke free housing is less because the vast majority of residents are more satisfied. See Appendix A: Dollar sand Sense Review of Smoke free Policy The Policy document should be distributed to the staff at the briefing. The following provisions related to lease enforcement should be reviewed in detail: Effective Date of the Policy Definition of Smoking Availability of Designated Smoking Areas, if any, outside the building Enforcement of the Policy for Non-Tenants (Visitors, Contractors, etc.) Clarification of Requirement, i.e., residents are not required to quit smoking; however, they may not smoke in their apartments or any other area of the building Availability of Tobacco Dependency Therapy/Other Related Services Process for Enforcement of the Policy Questions about the details of the policy should be fielded by supervisory management at this briefing. Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18 6

11 Effectively Communicating and Messaging the Policy At the staff training it is important to discuss how best to communicate the new policy to tenants. This can determine the success of implementation. Positive Messaging to Tenants is Vital! The staff message should be positive and clearly supportive of Management s decision. Negative messages such as I don t know why management is doing this, We have to do this, or Management is making me do this will convey a lack of commitment to the smoke free policy and make enforcement more difficult. Positive, gain-framed messaging will resonate with apprehensive tenants. Someone once said, It s better to focus on the benefits of broccoli, not the harm associated with eating hamburgers. This same thinking applies to helping residents who smoke work through their emotions about smoke free housing. In the context of a smoke free housing policy, this is what positive messaging looks like: You ll live longer and be there for your grandchildren when they graduate and marry. Smoking is expensive. Quitting can save you up to $2,500 a year. Smoking can also be expensive in terms of damage to your unit, such as burn-holes on carpet or countertops. Part of this positive messaging includes emphasizing that tenants are not required to give up smoking; the policy governs where they may smoke (in designated areas outside of the building). Communicating with Empathy is Essential! When the message is positive, it reflects a vision for a better an longer quality of life, and maintains the dignity of the tenant, the messages will be better received and the likelihood for successful outcomes greater, according to various studies. It is also important that the staff avoid language that stigmatizes smokers. It is essential to communicate empathetically. The policy should be presented in non-judgmental terms, with an emphasis on the reality of smoking as an addiction, and the point that smokers are arguably the victims of policies that encouraged tobacco production and consumption. Communicating With Empathy Remember that the goal is to have tenants embrace the message. Put yourself in the shoes of the tenant; relationship-building is critical. Example of Communicating with Empathy; I ve never been a smoker and can t imagine how difficult it must be to quit. I smoked at one time and know how difficult this may be for you. What concerns do you have? How can we help you? Staff will also want to share information on the availability of smoking cessation classes as a way to help tenants overcome smoking addiction if they so choose. Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18 7

12 Organizations that have implemented a smoke free policy agree that it is important to include the tenants early in the process. At least six months before implementation of the policy, information meetings should be held with tenants. During these meetings it is important to: Communicate the policy and rationale. Deploy positive and empathetic messaging. Emphasize the availability of Tobacco Dependency Treatment Clarify what tenants should expect in terms of enforcement. The timing of the meeting will depend on the population of the building. Registration is important so meetings don t become too large to be effective. Suggested group size is approximately twenty, allowing tenants ample time to express concerns. Ground rules should be established up-front. To accommodate short attention spans, try to share the details of the policy in no more than 20 minutes. Be sure to provide a time for questions before wrapping up. An important message to convey during the meeting is that while the policy has been established, Management is open to tenants thoughts about how to fairly enforce the policy. Tenants will be more invested in the policy if their viewpoints are carefully considered. This means that the staff person in charge should have the skills to effectively lead a meeting, including but not limited to, an even temperament, good body language, and the ability to keep the discussion on track. The staff person should also be prepared to deal with tenants who are disruptive, whether intentionally or unintentionally; this may require a polite reminder about the ground rules. Three Meeting Ground Rules That Make Sense! Imagine the other person s point of view, especially if it differs from your own. Participate respectfully by acknowledging another person s point of view, even when disagreeing. Respect the clock so no one spends too much time on one topic. The staff person must utilize active listening skills, validating tenants by repeating their thoughts before responding to their concerns. The meeting agenda should include time for a representative from the designated Tobacco Dependency Treatment (TDT) program to discuss the services available, so that tenants can associate a face with the program and begin to feel a level of comfort. This should increase the number of enrollees in the TDT program. Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18 8

13 Key #3: IMPLEMENT the smoke free policy thoughtfully The implementation/enforcement of the smoke free policy will be facilitated by involving staff persons, as well as by communicating with tenants early in the process (as described previously). Effective policy implementation requires adherence to these overarching ideals: Enforce the policy in a consistent manner. Employ empathy. Provide support. Seek fairness. Important Provisions to Incorporate in the Policy Since the Smoke free Policy is anticipated to have varying levels of resident compliance, a tiered approach is appropriate. For example, First Violation: Written Warning Letter enclosing smoking cessation materials and referral to a smoking cessation program Second Violation: Lease Violation Notice (30-day notice with option to remedy) Third Violation: Lease Termination Notice It is strongly recommended that management staff reach out to service providers in the area who can be helpful in working with tenants after the warning letter is sent and; if necessary, after the 30-day notice is issued. These service providers can talk with the tenant about the availability of Tobacco Dependency Treatment programs, including smoking cessation programs. A complete list of these Regional Contractors in Pennsylvania, who can link you with appropriate service providers, is included in Appendix B. Lease Addendum: The tenant should be required to sign a lease addendum setting forth the expectations of Management in relation to the policy. At a minimum, the policy and lease addendum should include language explaining that: Residents are responsible for the actions of their household, their guests and visitors. Failure to adhere to any of the conditions of the policy and lease addendum will constitute both a material non-compliance with the lease and a serious violation of the lease. In addition, the resident will be responsible for all costs to remove smoke odor or residue upon any violation of the policy. Management s adoption of a smoke free policy and the efforts to designate the property as nonsmoking do not make the Management or any of its managing agents the guarantor of the residents health or of the smoke free condition of the property. Management will take reasonable steps to enforce the smoke free policy; however, Management is not required to take steps in response to smoking unless it has actual knowledge of the smoking and the identity of the responsible resident, as well as sufficient evidence to support enforcement. The Smoke free policy does not require that residents quit smoking in order to live in the housing; the new policy only prohibits smoking in buildings and exterior areas designated as non-smoking. A model policy and lease addendum are included in Appendix C of this guide. Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18 9

14 Key #3: IMPLEMENT the smoke free policy thoughtfully Enforcement Challenge: Documenting Violations Enforcement of a non-smoking policy can be frustrating; however, staff will be helped if there is a written procedure for documenting violations. A suggested step-by-step procedure follows: At Initial Move-In (New Tenants) At initial move-in, damage caused by a prior resident that may have smoked should be documented on the move-in inspection form. 1. If floor covering, countertops, cabinets or appliances/fixtures are not new: The inspection report should note any burn marks or other pre-existing damage related to smoking. Photograph(s) of the damage should be taken by Management personnel in the presence of the tenant and a second member of the Authority staff (as a witness); these photographs should be added to the tenant file. If there is no damage to these surfaces the inspection report should state clearly that there is no prior damage to the unit. 2. If carpeting/floor covering, counters, cabinets, or appliances/fixtures are new, the inspection report should note this. 3. The inspection report should note any other conditions that may indicate pre-existing damage to the unit prior to occupancy by the new tenant, i.e., the condition of the walls if the unit has not been repainted. At Annual Renewal Inspection During the tenancy of the resident, the following conditions should be noted during the Annual Lease Renewal Inspection: 1. Any Indication of Damage from Smoking to carpeting/floor covering, counters/ cabinets, or appliances/fixtures as compared to the initial inspection or the most recent inspection. Photograph(s) of damage should be taken by Management personnel in the presence of the tenant and a second member of the Authority staff (as a witness); these photographs should be added to the tenant file. Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18 10

15 Key #3: IMPLEMENT the smoke free policy thoughtfully 2. Smoking by Tenant or Smoking Odors inside of the residential unit; At least two Management personnel should verify that they observed smoking by the tenant or noticed a smoking odor in the apartment; said personnel should sign a memo to the resident file noting what they observed or smelled. Staff should note the presence of smoking residue such as cigarettes ashes; photograph(s) should be taken of the residue in the presence of another employee of the Authority (as a witness) and said photograph(s) should be put in the resident s file along with a memo noting what the employee observed. Staff should ask the tenant if they have been smoking in the unit in violation of the non-smoking policy; the response should be noted in the presence of at least two Authority employees. A warning letter should be sent to the tenant by the property manager documenting any conditions noted at the inspection. At Interim Inspections (In Response to Complaints, Work Orders, etc.) Between inspections, Management and Maintenance may identify a tenant s violation of the no-smoking policy by: 1. Noting Smoking by Tenant or Smoking Odors inside of the residential unit At least two management personnel should verify that they observed smoking by the tenant or noticed smoking odor in the apartment. Said personnel should sign a memo to the resident file noting what they observed or smelled. 2. Noting the Presence of Smoking Residue such as cigarettes ashes Photograph(s) should be taken of the residue in the presence of another employee of the Authority. Said photograph(s) should be put in the resident s file. 3. Noting Physical Damage to the Unit as a Result of Smoking Photograph(s) should be taken of the physical damage in the presence of another employee of the Authority. Said photograph(s) should be put in the resident s file. 4. Asking Tenant if There has Been Smoking in the Unit The tenant s response should be in the presence of two Authority employees. If the tenant acknowledges there has been smoking in the unit in violation of the non-smoking policy, the property manager should send a warning letter to the tenant. Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18 11

16 Key #3: IMPLEMENT the smoke free policy thoughtfully Enforcement Challenge: Reasonable Accommodation and Working with Vulnerable Populations The Federal Fair Housing Act prohibits discrimination against persons with disabilities, including the refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations are necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling. Since rules, policies, practices, and services may have a different effect on persons with disabilities than on others, treating persons with disabilities exactly the same as others will sometimes deny them an equal opportunity to use and enjoy a dwelling. If a decision is made by Management to implement a smoke free policy, it is possible that a household with a person with a disability will make a request for reasonable accommodation. However, HUD has made it clear that with regard to Public Housing Authorities, and by extension, with other organizations providing housing, Management may deny a request for a reasonable accommodation when the tenants seeks to smoke in a restricted area of the building or grounds. 2 In doing so, it is clear that HUD has determined that an addiction to smoking is not a disability per se; however, there may be exceptions to this determination. Management may accommodate the tenant in the following ways: Relocating the tenant to an exit closer to the designated smoking area or public space where smoking is allowed. Providing an accessible walkway, cover, lighting and seating. Including family and social service staff to discuss the policy with individuals who have cognitive impairments such as persons with behavioral health issues who do not understand the written notices or who do not read them. Helping a tenant with mental disability comply with the policy by posting signs in the apartment reminding the resident about the requirement to go outside to smoke. Providing specialized assistance to highly addicted individuals with disabilities who smoke, including quitting aids approved by the U.S. Food and Drug Administration such as nicotine gum and nicotine patches. It is important to remember that certain households will require extra attention. These households would include persons with disabilities, seniors, persons with addictions, and persons who were recently homeless. A good strategy is to identify these households in advance and have service providers in your community develop or amend an existing service plan to help with this issue. Such a one-on-one approach should pay dividends in terms of compliance with the smoke free policy with these households. A personalized approach that doesn t bend or break the rules acknowledges that some people have more difficulty with change than others. 2 See HUD Notice PIH page 6 which makes it clear that allowing a person to smoke in a restricted area is not a permissible reasonable accommodation; this would seem to suggest that other properties could lawfully take the same position Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18 12

17 Key #3: IMPLEMENT the smoke free policy thoughtfully Enforcement Challenge: Prevailing Before the Magisterial District Justice Many managers are concerned that District Magisterial Justices will not enforce a lease provision relating to smoke free housing. Here are some good talking points in making your case with the Magisterial District Justice: Talking Point #1- If you are a Housing Authority, HUD s final rule requires a Housing Authority to evict a tenant who violates the smoke free policy in designated areas after the tenant is provided with a series of warnings. Since the final rule was enacted pursuant to the federal rulemaking process, the rule has the effect of federal law. Housing Authorities that do not implement the smoke free policy face severe consequences, including findings from HUD that may jeopardize future funding and, in extreme cases, lead to a takeover of the Housing Authority by HUD officials. Talking Point #2 - Tenants are offered smoking cessation classes and Nicotine Replacement Therapy at no cost. Management is using the services of local agencies to offer these resources in most cases in advance of and during the implementation of the new policy. Talking Point #3- Eviction is a last resort. Management has provided a series of warnings prior to the start of an eviction action. The first notification is a warning letter again providing Tobacco Dependent Treatment services if they choose to quit and advising the resident that if they do not desist smoking in the building they will receive a lease violation notice. The lease violation notice provides that they have thirty (30) days to stop smoking in areas that are prohibited by the policy. Only when they ignore the second notice is the eviction process initiated. Talking Point #4- Because of the documentation on the effect of second-hand smoke, Management may be liable for lawsuits initiated by residents whose health is impaired by other residents smoking in prohibited areas. This could result in large civil settlements that may jeopardize Management s ability to operate and/or substantially increase the cost of insurance coverage. Talking Point #5- The rule does not prohibit smokers from living in housing; it does require that they smoke in designated areas outside of the building or in public areas. Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18 13

18 Key #3: IMPLEMENT the smoke free policy thoughtfully Lease Enforcement: Best Practices Housing Authorities in Pennsylvania are on the cutting edge of implementing and enforcing smoke free policies as a result of the HUD rule that requires that such a policy go into effect by the end of July Here are some best practices to date regarding enforcement of a smoke free policy from a number of Housing Authorities that have already implemented smoke free housing: Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18 14

19 Key #3: IMPLEMENT the smoke free policy thoughtfully Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18 15

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21 Conclusion Enforcement of a smoke free policy may be challenging at first depending on the number of tenants who live in the building who are smokers. These challenges can be overcome by engaging staff and tenants in a meaningful way and an approach that balances the sound rationale for a smoke free policy with tenant concerns. It is critical that all staff are involved in the formulation and implementation of the policy to get buy-in from them and to make sure the policy is being implemented fairly and consistently. To the extent that tenants are effectively engaged, their concerns can be anticipated and addressed. Finally, successful implementation of a smoke free policy requires a thoughtful approach to implementation that includes procedures for documenting violations, a tiered process for enforcement that includes at least one warning before eviction proceedings are initiated, and the availability of Tobacco Dependency Therapy treatment programs, including but not limited to smoking cessation classes. Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18 17

22 Acknowledgements In addition to the guide s authors, we want to also thank and acknowledge Joel Johnson of Montgomery County Housing Authority, Dale Gravett of Chester County Housing Authority, and Heather Emminger from Monarch Management Group for the insights, edits, and feedback throughout the development of the Smoke Free Multi Unit Housing Enforcement Guide. Contact Us SEPA Tobacco Control Program Jamie Magee, Director Sean McCormick, Assistant Director Katie O Connor-Jenkins, Program Coordinator (215) tobaccocontrol@phmc.org Diana T. Myers and Associates Diana Myers (215) info@dma-housing.com The Gulotta Group Chris Gulotta (717) gulottagroup@gmail.com The Clean Air Council Thurman Brendlinger members@cleanair.org This program was funded by a grant from the Pennsylvania Department of Health. Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18 18

23 Appendix A Dollars and Sense: Implementing a Smoke Free Housing Policy Smoking increasing your development s operation costshere s why you shouldn t wait! Studies indicate that for every ten unit turnovers, your development will save a conservative estimate of $12,500 in maintenance costs (general cleaning and painting; replacement of floor covering and appliances, etc.); if you have 30 turnovers, the savings would be around $37,500 per year. Why not realize these cost savings starting now? Painting a unit (sometimes a minimum of two coats) can increase the make ready time, which can in turn cost your development rental income. If you have 30 turnovers a year and the make ready time is extended by four days for each lease-up because of the need for repainting the unit, your loss of rental income can be thousands of dollars. One lawsuit from a tenant or staff member related to second hand smoke can increase legal fees in your budget item by tens of thousands of dollars; moving ahead with a smoke free policy now sends the message that you care about the health of the people who live in your housing, as well as those who are responsible for operating your development. Cigarette smoke makes air handling systems less efficient. According to Marriott Hotels, a smoke free policy results in up to 30% lower utility operating costs, as well as decreased use of air treatments systems. Studies show that fire caused by smoking is the leading cause of deaths in residential units, accounting for 7% of all fires in residential units. Upon implementation of a no-smoking policy, your development should be able to negotiate a discretionary credit with your insurance company, based on reduced property and physical injury losses. Also, because you will have a reduced incidence of fires as a direct result of implementing a no-smoking policy, your development will save thousands of dollars in the deductibles associated with property loss due to fire. Finally, studies indicate that an increasing majority of residents and applicants prefer to live in smoke- free housing. Initiating a smoke free housing policy gives your development an advantage in terms of marketing properties, which is particularly important in a competitive rental market. In addition, there is data to suggest that turnover in smoke free housing is less because the vast majority of residents are happier. What s Keeping YOU from Moving Ahead To Make YOUR Housing Units Smoke Free NOW? Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18 19

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25 Appendix B PA FREE QUIT LINE & REGIONAL PRIMARY CONTRACTORS The PA Free Quitline. Call or sign up online. Provides customized quit plans, free personalized coaching sessions and free nicotine replacement therapy QUIT-NOW ( ) DEJELO-YA ( ) Eight regional primary contractors provide tobacco use prevention, tobacco dependence treatment, and policy technical assistance across Pennsylvania: Allegheny Region Counties served: Allegheny Tobacco Free Allegheny Contact: Joyce Petrow jpetrow@tobaccofreeallegheny.org Phone: Fax: Northeast Region Counties served: Carbon, Lackawanna, Lehigh, Luzerne, Monroe, Northampton, Pike, Susquehanna, Wayne, and Wyoming American Lung Association in Pennsylvania Contact: Caitlin Cluck Caitlin.cluck@lung.org Phone: Fax: Northcentral Region Counties served: Bradford, Centre, Clinton, Columbia, Lycoming, Montour, Northumberland, Potter, Snyder, Sullivan, Tioga, and Union American Lung Association in Pennsylvania Contact: Caitlin Cluck Caitlin.cluck@lung.org Phone: Fax: Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18 21

26 Northwest Region Counties served: Cameron, Clarion, Clearfield, Crawford, Elk, Erie, Forest, Jefferson, Lawrence, McKean, Mercer, Venango and Warren. Erie County Health Department Contact: Sarah Morgan Phone: Fax: Philadelphia Region Counties served: Philadelphia Philadelphia Department of Public Health Contact: Jarma J. Frisby Phone: Fax: Southeast Region Counties served: Berks, Bucks, Chester, Delaware, Lancaster, Montgomery, and Schuylkill. Health Promotion Council of Southeastern PA, Inc. or Contact: Sean McCormick: Phone: Fax: Southcentral Region Counties served: Adams, Bedford, Blair, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lebanon, Mifflin, Perry, and York American Lung Association in Pennsylvania Contact: Caitlin Cluck Phone: Fax: Southwest Region Counties served: Armstrong, Beaver, Butler, Cambria, Fayette, Greene, Indiana, Somerset, Washington, and Westmoreland. Adagio Health, Inc. Contact: Katie Hartman Phone: Fax: Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18 22

27 Appendix C Disclaimer: This is a sample lease addendum that should be reviewed by the owner s attorney prior to implementation. Smoke free Policy and Lease Addendum Sample Policy Due to the increased risk of fire, increased maintenance costs, and the health effects of secondhand smoke, the (insert name of development) is adopting the following Smoke free Policy, which prohibits smoking in designated areas. This prohibition covers any interior common areas (including but not limited to community rooms, community bathrooms, lobbies, reception areas, hallways, laundry rooms, stairways, offices and elevators), all living units, and (optional: all outdoor areas within 25 feet of any building) including entry ways, porches, balconies, patios, yards, parking lots, and recreational areas. This policy applies to all tenants, guests, visitors, contractors and employees. 1. Health and Safety of Our Tenants and Staff Smoking and secondhand smoke are well known human health hazards. Allowing smoking within apartment units exposes all Tenants and staff to these known carcinogens. Additionally, indoor smoking poses a significant safety risk and is the number one cause of residential fires in Pennsylvania. 2. Dangers of Secondhand Smoke Secondhand smoke travels through lighting fixtures, cracks in walls, around plumbing, under doors, and in shared heating/ventilation. Medical studies have shown that tobacco smoke in any form exposes users and bystanders to serious health risks and can cause lung cancer and cardiac disease in nonsmokers, as well as severe asthma attacks, respiratory infections, sinus infections, sudden infant death syndrome, and other cardiovascular and pulmonary diseases. The U.S. Surgeon General 1 has concluded the following: a. Secondhand smoke causes premature death and disease in children and in adults who do not smoke; b. Children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory infections, ear problems, and more severe asthma. Smoking by parents causes respiratory symptoms and slows lung growth in their children; c. Exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer. Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18 23

28 d. Exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer; e. The scientific evidence indicates that there is no risk-free level of exposure to second hand smoke; f. Many millions of Americans, both children and adults, are still exposed to secondhand smoke in their homes and workplaces despite substantial progress in tobacco control; g. Eliminating smoking in indoor spaces fully protects nonsmokers from exposure to secondhand smoke. Separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot eliminate exposures of nonsmoker to secondhand costs Turnover (the process of making a vacant apartment ready for occupancy) costs are increased when apartments are vacated by smokers. Additional paint to cover smoke stains, cleaning of the ducts, replacing stained materials, or replacing carpets that have been damaged by cigarettes can increase the costs necessary to make an apartment occupant ready Definition The term smoking means inhaling, exhaling, breathing, carrying, or possessing any lighted cigar, cigarette, pipe, other tobacco product or similar lighted product, including electronic nicotine delivery systems (ENDS), including e-cigarettes and water pipe tobacco smoking (also knowns as hookahs). 4. No Smoking Areas The Smoke free Policy prohibits smoking a building and (optional language: within 25 feet of any building), including, but not necessarily limited to the following areas: within all apartment units, common areas, including but not limited to community rooms, community bathrooms, lobbies, reception areas, hallways, laundry rooms, reception areas, stairways, offices and elevator(s), and (optional language: all outdoor locations within 25 feed of a building including entry ways, porches, balconies, patios, yards, parking lots, and recreational areas. 5. Tenants, Guests, Contractors and Employees This policy applies to everyone who visits, lives and works at the development. Tenants would also be responsible for informing their guests of the smoke free policy. Tenants will be held accountable for guests who violate the policy. Landlord is responsible for enforcing the policy with contractors and its employees. 1 The Health Consequences of Involuntary Exposure to Tobacco Smoke, A Report of the Surgeon General, 2006 Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18 24

29 6. Compliance The Smoke free Policy does not mean that Tenants will have to quit smoking in order to live in the development. The new policy will only prohibit smoking in a building on the site of the development (optional language: and within 25 feet of the building). Tenants will still be able to smoke if they choose to but not in any prohibited areas. 7. Smoking Cessation Resources If a resident is interested in quitting smoking, Landlord will provide resources related to smoking cessation education. Fore additional information please contact: (insert name of local provider(s) who offer Tobacco Dependency Treatment Services including smoking cessation classes) 8. Landlord Not a Guarantor of Smoke Free Environment The adoption of this Smoke free Policy, and the efforts to designate the Property as non-smoking do not make the Landlord or any of its managing agents the guarantor of Tenant s health or of the smoke free condition of the Property. However, the Landlord will take reasonable steps to enforce the Smoke free Policy. Landlord is not required to take steps in response to smoking unless it has actual knowledge of the smoking and the identity of the responsible Tenant and sufficient evidence to support enforcement. 9. Lease Violation Tenants are responsible for the actions of their household, their guests and visitors. Failure to adhere to any of the conditions of the Policy and lease addendum will constitute both a materials non-compliance with the Lease and a serious violation of the Lease. In addition, Tenant will be responsible for all costs to remove smoke odor or residue upon any violation of this Policy. 10. Enforcement The enforcement plan for this policy will include the following steps: a. First Violation- Written warning letter with smoking cessation materials and referral to smoking cessation program; b. Second Violation- Lease Violation Notice, 30 day notice with option to remedy c. Third Violation- Lease Termination Notice Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18 25

30 11. Lease Addendum All tenant will be required to sign the Smoke free Lease Addendum, included in this policy as Attachment 1. Refusal to execute the attached Lease Addendum will be considered a material breach of the tenant s lease agreement. 12. Disclaimer The adoption of this Smoke free Policy, and the efforts to enforce this Policy do not in any way change the standard of care that the Landlord has under applicable law to render the Property any safer, more habitable or improved into terms of air quality standards than any other rental premises. Landlord specifically disclaims any implied or express warranties that the Property will have any higher or improved air quality standards than any other rental property. Landlord cannot and does not warranty or promise that the Property will be free from secondhand smoke. Tenants with respiratory ailments, allergies or other condition relating to smoke are put on notice that Landlord does not assume any higher duty of care to enforce this Policy than any other obligation under the (End of Sample Policy) Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18 26

31 SMOKE FREE LEASE ADDENDUM Date Development Name Tenant Name(s) Tenant Address The following terms, conditions and rules are herby incorporated into the Lease for the above unit effective, Smoke free policy- Due to the increased risk of fire, increase maintenance costs, and the health effects of secondhand smoke, Landlord is adopting the following Smoke free Policy, which prohibits smoking in any building in the development and (optional language: within 25 feed of any building), including but not limited to community rooms, community bathrooms, lobbies, reception areas, hallways, laundry rooms, stairways, offices and elevators, within all living units, including entryways, porches, balconies and patios. This policy applies to all tenants, guests, visitors, service personnel and employees. 2. Definition- The term smoking means inhaling, exhaling, breathing, carrying or possessing any lighted cigar, cigarette, pipe, other tobacco product or similar lighted product in any manner or in any form, including electronic nicotine delivery systems ENDS), including e-cigarettes an water pipe tobacco smoking (also knows as hookahs). 3. Landlord not a guarantor of smoke free environment- Resident acknowledges that Landlord's adoption of a Smoke free Policy, and the efforts to designate the Property as non-smoking do not make the Landlord or any of its managing agents the guarantor of Tenant s health or of the smoke free condition of the non-smoking portions of the Property. However, Landlord will take reasonable steps to enforce the Smoke free Policy. Landlord is not required to take steps in response to smoking unless Landlord has actual knowledge of the smoking and the identity of the responsible Tenant. 4. Landlord disclaimer- Resident acknowledges that adoption of a Smoke free Policy, and the efforts to enforce this Policy do not in any way change the standard of care that Landlord has under applicable law to render the Property any safer, more habitable or improved in terms of air quality standards than any other residential remises. Landlord specifically disclaims any implied or express warranties that the Property will have any higher or improved air quality standard than any other rental property. Landlord cannot and does not warranty or promise that the Property will be free from secondhand smoke. Tenant acknowledges that the Landlord s ability to police, monitor or enforce this Addendum is dependent in significant part on voluntary compliance by Tenants and Tenant s guests. Tenants with respiratory ailments, allergies or other condition relating to smoke are put on notice that Landlord does not assume any higher duty of care to enforce this Addendum than other Landlord obligation under the Lease. 5. Lease Violation- Tenants are responsible for the actions of their household, their guests and visitors. Failure to adhere to any of the conditions of this Addendum will constitute both a materials non-compliance with the Lease and a serious violation of the Lase. In addition, Tenant will be responsible for all costs to remove smoke odor or residue upon any violation of this Addendum. Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18 27

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33 Appendix D Pennsylvania Smoke Free Housing Program Pennsylvania s Smoke Free Multi-unit Housing program is supported across the state by eight Regional Primary Contractors (See Appendix B), that provide tobacco use prevention, tobacco dependence treatment, and policy technical assistance to building owners and managers of public housing authorities and affordable/low-income and subsidized housing across Pennsylvania. Pennsylvania s Smoke Free Multi-unit Housing program offers free heavy duty signage for properties that adopt smoke free policies. Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18 29

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35 Appendix E Smoke Free Multi-Unit Housing: Additional Resources Smoke Free Multi-Unit Housing Resources U.S. Department of Housing and Urban Development. Smoke-Free Public Housing and MultiFamily Properties U.S. Department of Housing and Urban Development. Smoke-Free MultiFamily Housing Resource Bank Center of Disease Control. Organizations Serving Public Housing Residents Tobacco Control Legal Consortium. HUD s Rule to Restrict Smoking in Public Housing: An Overview pdf Southeastern Pennsylvania Tobacco Control Project. Multi-unit Smoke-free Housing Tobacco Control Legal Consortium. Secondhand Smoke Seepage into Multi-Unit Affordable Housing Tobacco Dependence Treatment Resources PA Free Quitline Quitlogix Southeastern Pennsylvania Tobacco Control Project: Local Resources Related Publications Galloway DA, Laimins LA, Division B, Hutchinson F. Cost Savings Associated with Prohibiting Smoking in U.S. Subsidized Housing. 2016;4 (6): Available from: Nguyen KH, Gomez Y, Homa DM, King BA. Tobacco Use, Secondhand Smoke, and Smoke-Free Home Rules in Multiunit Housing. Am J Prev Med [Internet]. 2016;51(5): Available from: j.amepre Drach LL, Pizacani BA, Rohde KL, Schubert S. The acceptability of comprehensive smoke-free policies to low-income tenants in subsidized housing. Prev Chronic Dis [Internet]. 2010;7(3):A66. Available from: Kraev T a, Adamkiewicz G, Hammond SK, Spengler JD. Indoor concentrations of nicotine in low-income, multi-unit housing: associations with smoking behaviours and housing characteristics. Tob Control [Internet]. 2009;18(6): Available from: Winickoff JP, Gottlieb M, Mello MM, Ph D. Health Law, Ethics, and Human Rights Regulation of Smoking in Public Housing. 2010; Available from: Winickoff J, Gottlieb M, Mello M. Indoor Smoking Regulations in Public Housing. New Engl J [Internet] [cited 2013 Mar 11];362(24): Available from: Smoke free Multi Unit Housing Enforcement Guide. Updated: 9/17/18 31