Going Smoke-free. A Toolkit for Owners and Managers of Multi-unit Housing

Transcription

1 Going Smoke-ree A Toolkit or Owners and Managers o Multi-unit Housing

2 P a g e 1 You re taking a step that will immediately improve the health o your tenants and your community. This toolkit was developed by Tanner Health System s Get Healthy, Live Well to help in making the adoption process o going smoke-ree or multi-unit housing agencies an easy process rom start to inish. In this toolkit you will ind many resources that lay out the process o going smoke-ree, including: Steps to go smoke-ree Timeline or adoption process Sample notiication letters to tenants Sample tenant survey Common areas to consider in your smoke-ree policy Policy templates Signage materials examples This toolkit is a guide to assist you in making decisions. The toolkit was developed rom a variety o sources, including Americans or Nonsmokers Rights, the U.S. Department o Housing and Urban Development s smoke-ree housing toolkit and the Houston Housing Authority. We compiled multiple resources into one quick and easy reerence guide. We encourage you to check out these sites or more inormation on going smoke-ree: Deciding to go smoke-ree is the irst step in helping your tenants to breathe easier, stay healthier and live longer.

3 P a g e 2 Table o Contents Ten Steps To Go Smoke-ree 3 Smoke-ree Policy Adoption Timeline 9 Tenant Survey 10 Deine Your Smoke-ree Policy 12 Smoke-ree Notiication Letter 13 Smoke-ree Lease Addendum 14 Follow-up Letter to Tenants 16 Sample Signage Materials 17 Smoking Cessation Resources 18 Appendix 19

4 P a g e 3 Ten Steps to Go Smoke-ree 1. Start the conversation around going smoke-ree. Meet with leadership level sta and members to be sure everyone is on the same page moving orward beore presenting to residents. Arrange a community meeting on the subject and provide inormation and statistics on how smoking impacts all tenants health. Post inormation on property message boards about smoking cessation programs. 2. Layout your smoke-ree timeline. Establish a timeline or residents to discontinue smoking in their units or on the property based on the level o policy you decided upon. Provide all inormation in writing and use language that people o all backgrounds would understand (i.e., provide in Spanish i appropriate). 3. Survey the tenants. Make sure they re on board with going smoke-ree. Take the opportunity to educate them about how second-hand smoke is a danger to the health o other tenants. 4. Decide on policy detail and present the idea to the tenant advisory board. Make sure you have buy-in among your residents. Explain again that this is about the health not only o tenants who smoke, but o their neighbors who do not, including children. Advise that smoking also generates additional maintenance costs to the authority. 5. Educate the sta. Keep them in the know about your timeline, enorcement protocols, etc. They can be a valuable resource in explaining the importance o going smoke-ree to the tenants. 6. Notiy tenants o the change. Use mail, lyers, message boards, meetings and more as necessary to ensure everyone is aware o the change. 7. Have tenants sign a lease addendum. Make it oicial by getting residents to sign a lease change addendum. 8. Promote the policy. Post inormation about the policy around the property so residents and visitors know the policy is in eect.

5 P a g e 4 Provide all inormation in writing and use language that people o all backgrounds would understand (i.e., provide in Spanish i appropriate). 9. Enorce the policy. This can be the hardest but most vital part. Hold residents accountable or endangering the health o their neighbors. 10. Evaluate the policy. Is it working? What could be changed or improved? Is there a particular tactic that you could share with other property managers? Now that you are more amiliar with the steps to go smoke-ree, here is more detailed inormation that will help make the process easier. Step 1: Start the conversation around going smoke-ree It could take months to convince everyone that a smoke-ree policy is needed. Presenting the idea to sta members is the irst place to start. During this time, amiliarize yoursel with why going smoke-ree is important. The research shows it is beneicial to the health o the tenants and also can lower maintenance costs. Going smoke-ree can be a touchy topic or some people. Just like other situations where two people have dierent views, remember to let the other person state their reasons and then work to come to an agreement. Step 2: Prepare a smoke-ree timeline See Page 9 Laying out a timeline in the beginning will help you determine when certain steps o the adoption process should happen. An important thing to remember when constructing the timeline is to give yoursel plenty o time in between steps. Include board meetings in the timeline and when to have certain materials developed. Step 3: Survey tenants See page 10 You never know the true thoughts o someone unless you ask. Surveying your tenants is a good place to start in understanding where they stand on the idea o going smoke-ree. Previous studies ound that many tenants actually would like to see a smoke-ree policy implemented. You can never assume your tenants are opposed to going smoke-ree, and by conducting a brie survey, you can add credibility to the purpose o the policy. There are many reasons why conducting a survey is important, but one reason is it seeds the idea with tenants o smoke-ree housing. Step 4: Decide on the policy s detail and present to the tenant advisory board

6 P a g e 5 Ater you have surveyed your tenants and have developed a eel o where they stand on the topic, you can begin to write your policy. The irst thing you need to do is decide what areas you want your policy to cover. See page 12. Below are some keys points to consider when you create you policy. For a policy template, see page 14. Are you going to include outdoor smoking areas? The upside: Many smoke-ree pioneers say an outdoor designated space or smoking is a helpul beneit or an eective policy. They suggest trying to designate an area on the property, i space and unds allow. They point out that it takes eort to get tenants to commit to using these spaces. Designated smoking areas are oten appreciated and can reduce the incidence o smoking violations in the building. Designated smoking areas should be ar enough rom the building (generally 25 eet or more) to prevent second-hand smoke rom entering open windows or doors. The downside: Experience with smoking areas has been mixed. At some sites, the designated areas have created new maintenance concerns. Additionally, it may be diicult to ind a location that works or everyone. I you plan to establish a designated outdoor smoking area, you will have to determine what amenities will be provided and what will be the budget implications. Consider whether to provide shelter, receptacles, benches, lighting and how to ensure accessibility or all tenants. The bottom line: I you can aord a designated area and have a place to properly locate it, it may make compliance easier. There are also plenty o examples o eective policies at properties that do not have an outdoor designated smoking space. Disclaimer that the landlord is not acting as a guarantor o the policy Property managers and maintenance sta will not be able to identiy policy violators 100 percent o the time, such as during o hours when sta is not on site. Including a disclaimer in your policy acknowledging this sets realistic expectations or the board, sta, tenants and i necessary, a court. The policy should state that ailure to enorce any part o a smoke-ree policy does not negate the right to enorce it in the uture. Identiying a smoking violation Beore presenting the smoke-ree policy to the board, sta or tenants, identiy how violations will be determined, the evidence that will be required to validate a violation, and how that evidence will be obtained. Observable evidence o violations is important to obtain when possible. Written documentation rom maintenance sta or the property manager is helpul, as is having more than one tenant complaining about a smoking violation.

7 P a g e 6 No ees or lease violations Public housing agencies (PHAs) and owners or agents o subsidized multiamily properties cannot establish ees or smoke-ree policy violations when no damage has occurred. A tenant can be charged or property damage or cleaning due to smoke damage at the end o their tenancy. Smoke-ree policies must NOT: o Deny occupancy to any individual who smokes. o Allow the owner/manager to ask at the time o application or move-in whether the applicant or any members o the applicant s household smokes. o Allow the owner/manager to maintain smoking or nonsmoking speciic waiting lists or the property. o Allow the owner/manager to ask at the time o recertiication or lease renewal whether the tenant or any members o the tenant s household smoke. o Require existing tenants to transer out o the property when it becomes smokeree. Present the idea o going smoke-ree to the tenant advisory board You are amiliar with why going smoke-ree is important or tenant and sta health and how it can help the housing agency save money. You have decided what areas should be smoke-ree, determined policy details and written your policy. You have also surveyed your tenants and have a true understanding o where they stand on the issue o going smoke-ree. The next step is to present your idea to the tenant advisory board. This date should be included in your timeline. I the board approves the policy, continue with the adoption process. I they reject the policy, see i they will provide you with eedback. I you must rewrite your policy or the board s approval, keep in mind this is a touchy topic or individuals. I the original policy seemed too strict by making the entire property smoke-ree, then rewrite the policy making only common areas smoke-ree to ease residents into the idea. Step 5: Educate sta Once the advisory board has approved the policy addendum, the next step is to educate all sta members o the policy. Let them know the areas the policy covers and what actions to take i they catch someone smoking or smoking outside the designated areas. While you are educating the sta, it s also very important to let them know o the smoke-ree resources that are available in the community. Educating sta should be conducted beore any materials o the smoke-ree policy are sent out to the tenants.

8 P a g e 7 Step 6: Notiy Tenants o the Change See page 13 Notiying tenants should be done ormally by sending a letter out to each tenant. This letter should be sent out to each tenant two months beore the policy s eective date. This timerame would allow tenants to comment on and become accustomed to the policy beore the tenants have to sign the lease addendum and beore it becomes eective. Step 7: Have Tenants Sign the Lease Addendum See page 14 Tenants should start to sign the lease addendum beore the policy eective date. Getting tenants to sign the addendum can be completed several ways. You can send out a notiication letter, or make a phone call to have the tenants to drop by the oice to sign. Another option is to go door-to-door to have the tenants sign. One exciting option is to hold a celebration event in the community room or elsewhere on the property to commemorate the policy change and have tenants sign the addendum at the event. I some tenants still have yet to sign the addendum by the eective date, a notiication letter must be sent out to the tenants. Step 8: Promote the policy See page 17 Promoting your smoke-ree policy can actually be done in several ways. Placing smoke-ree signage around the property is one way it should be done. It is recommended to place smokeree signage around property grounds beore the eective date. Hanging up signage during the lease addendum signing period is a great time to remind tenants they need to sign the addendum. It is common or people to seek out smoke-ree housing when they are looking or housing. Promoting your smoke-ree property as an amenity is one way to catch new tenants attention. Another option to promote your policy is through local and social media. Have a write up in your local paper and begin posting status updates on your housing property s social media page to begin drawing attention to your property. Using social media is also a great avenue to use to let tenants know o resources to help them quit using tobacco products. Step 9: Enorce the policy Tobacco use and dependence are chronic issues that will need to be addressed on an ongoing basis. Do not set the expectation that all tenants will quit using tobacco products and obey the policy exactly on the eective date. It takes time to change a behavior. In the beginning, you will have tenants who complain about the policy, but they will get used to the policy. It is important to stay ocused on the policy and not let certain tenants stop the policy rom being enorced. Follow the enorcement protocols that are stated in the policy. When you see or hear o a complaint that a tenant is not ollowing the policy, remember smoking is an addictive

9 P a g e 8 behavior that is hard to quit. Send the tenant a notiication letter reminding them about the policy and also community resources that are available to help them stop smoking i they wish. Also, remind the tenant you are not orcing them to stop smoking. You are just protecting the health o all tenants. I the tenant continually breaks the policy, continue to ollow what the policy states about repeat oenses. Step 10: Evaluate the policy ater one year o enorcement Ater one year o enorcement, it is time to celebrate and look back at the steps you have taken to make the housing property healthier or all tenants, sta and guests. During this time, sit down with sta and community partners that you worked with during the process and evaluate where you are now. Look at what you did and what you would have done dierently. Beore the eective date, it might be beneicial to establish a way to track what occurs such as: Number o verbal warnings given Number o warning letters sent Number o inal notices sent Number o private conerences held Number o tenant complaints made Number o tenants who requested reasonable accommodation in regard to the smokeree policy Number o tenants who attended on-site support groups or cessation counseling Costs or unit turnovers (i.e., salary and beneits, materials/supplies and contractor costs)

10 P a g e 9 Smoke-ree Policy Adoption Timeline Month Activity Start conversation around going smoke-ree. Survey tenants (optional). Collect surveys and discuss results with property sta, managers and key stakeholders. Decide Policy Details Decide what details should be included in the Smoke-ree Lease Addendum. Modiy the sample Smoke-ree Lease Addendum. Determine the number or type o smoke-ree building signs needed and contact community partners to request signs. Present the policy to the tenant advisory board. Educate Sta Hold a meeting to educate all sta, especially those most aected by the change. Invite community partners to talk about the health hazards o second-hand smoke and other reasons or adopting a policy. Talk realistically about enorcement o a no-smoking policy. Introduce and amiliarize tenant services sta and property management sta with cessation resources. Notiy Tenants Begin implementing the policy with new tenants by having them sign a lease addendum as they move in. Write a no-smoking clause in the tenant policy or uture tenants. Notiy tenants o policy change through letters and lyers. Inorm them o the date the policy will take eect. Oer smoking cessation options to those tenants who wish to quit smoking. Send a letter to those on a wait list notiying them o a new policy. Ask Existing Tenants to Sign the Policy Invite community partners to present to tenants regarding the policy change and include tobacco cessation inormation. Send a reminder notice to tenants and/or post notices about the implementation date in common areas. Ask existing tenants to sign the lease addendum and return by the due date. Follow-up with tenants who did not return the lease addendum so that all are signed beore the policy goes into eect. Promote the Policy Post smoke-ree building signs. Host a smoke-ree celebration or policy recognition event. Make available local cessation resources such as Get Healthy, Live Well s Fresh Start program or sta and tenants, as well as Georgia s Tobacco Quit Line inormation.

11 P a g e 10 Tenant Survey (Date) Dear Tenant: We are exploring strategies to create a healthier environment or you and the amilies that live within our community. One way is to make some areas o the property smoke-ree. The side eects o secondhand smoke can cause harm to those individuals that are around the smoker. People that already suer rom an illness (i.e. asthma, chronic bronchitis, heart disease, diabetes or cancer) are particularly susceptible to the eects o secondhand tobacco smoke. Young children are especially vulnerable to secondhand smoke and on average, are exposed to it more than adults. To help us better understand your view point on potentially going smokeree, we are asking you to complete the survey below. Please read each question and respond careully. When completed, you may place the survey in the oice drop box. Sincerely, Management 1. Do you now smoke cigarettes or other tobacco products every day, some days or not at all? Every day Some days Not at all 2. Do you allow people, including yoursel, to smoke tobacco products in your apartment? Yes No 3. Have you smelled tobacco smoke in your home that comes rom another apartment or outside? Yes No 4. Does smelling tobacco smoke in your home bother you? Yes No 5. Are you concerned about the health eects o secondhand tobacco smoke on you or someone you live with? Yes No 6. Would you like this building to be smoke-ree (meaning no smoking indoors, including apartments)? Yes No I wouldn't care either way

12 P a g e I yes to the above, would you preer that smoking is prohibited everywhere on the propertyboth inside and outside? Yes No 8. Would you like common areas o this property to go smoke-ree both indoor and outdoor areas (playgrounds, parking lots, etc.)? Yes No I wouldn't care either way

13 P a g e 12 Deine Your Smoke-ree Policy Total smoke-ree environment Enclosed spaces Smoking is prohibited in all enclosed spaces. This includes tenant units and common areas. Unenclosed Spaces Smoking is prohibited in all unenclosed spaces. Units Common Areas Smoking is prohibited in all indoor areas o tenants units: living rooms, kitchens, bedrooms and bathrooms. Smoking is prohibited in lobbies, hallways, stairwells, laundry rooms, mail rooms and community rooms. Smoking is prohibited on private balconies, patios, decks, etc. Smoking is prohibited in parks, pools, areas or trash (dumpsters), oice parking lots, playgrounds, gazebo, lawns, walkways, gardens and areas around ventilation systems including AC units and tenant parking areas.

14 P a g e 13 Smoke-ree Notiication Letter (Date) Dear Tenant: (Property Name) has decided to adopt a smoke-ree policy in order to provide a healthier environment or all tenants. The harmul eects o second-hand smoke, increased maintenance costs and ire danger caused by indoor smoking are too great to ignore. As o (Date), (property name and address) will be a smoke-ree property. This means that there will be no carrying or use o lit tobacco products in indoor and outdoor common areas. This policy includes tenants as well as guests, maintenance personnel and sta. This new policy will apply to new and current tenants. This policy was passed to protect the health o all tenants, sta and guests. Secondhand smoke is a Class A carcinogen, which means it is a cancer-causing agent with no risk-ree level o exposure. I you or your amily members would like more inormation on smoke-ree living or are interested in quitting tobacco, please visit our oice to learn more. Please eel ree to contact (name o employee, property manager, etc.) or mysel i you have any questions. We will be happy to assist you in any way possible. Sincerely, (Name) (Title)

15 P a g e 14 Smoke-ree Lease Addendum Tenant and all members o Tenant s amily or household are parties to a written Lease with Property Owner/Manager, (insert lease title here). This Addendum states the ollowing additional terms, conditions and rules that are incorporated into the Lease. A breach o the Lease Addendum shall give each party all the rights contained herein, as well as the rights provided or in the Lease. 1. Purpose o Smoke-ree Housing: The parties desire to mitigate (i) the irritation and known health eects caused by second-hand smoke; (ii) the increased maintenance, cleaning and redecorating costs rom smoking; (iii) the increased risk o ire rom smoking; and (iv) the cost o ire insurance or a non-smoke-ree building. 2. Deinition o Smoking: Smoking means inhaling, exhaling, burning or carrying any lit cigar, cigarette, pipe or other smoking device or burning tobacco. 3. Smoke-ree Complex: Tenant agrees and acknowledges that the premises to be occupied by Tenant and members o Tenant s household have been designated as a smoke-ree living environment. Tenant and members o Tenant s household shall not smoke anywhere in the unit rented (or owned i coop or condo) by Tenant, in the building where the Tenant s dwelling is located, or in any o the common areas (or adjoining grounds, terraces, balconies, recreational areas, playgrounds or other parts o the tenantial community including community rooms, lobbies, etc.), nor shall Tenant permit any guests or visitors under the control o Tenant to do so. 4. Tenant to Promote No-Smoking Policy and Alert Landlord o Violations: Tenant shall inorm Tenant s guests o the smoke-ree policy. Further, Tenant shall promptly give Property Manager/ Owner written statement o any incident where secondhand smoke is migrating into the Tenant s unit rom sources within the building. 5. Property Manager/Owner to Promote No-Smoking Policy: Property Manager/Owner shall post no-smoking signs at the entrances and exits, common areas, hallways and in conspicuous places on the grounds o the building complex. 6. Property Manager/Owner Not a Guarantor o Smoke-ree Environment: Tenant acknowledges that Property Manager/Owner s adoption o a smoke-ree living environment, and the eorts to designate the tenantial building/complex as smokeree, does not make the Property Manager/Owner or any o its managing agents the guarantor o Tenant s health or o the smoke-ree condition o the Tenant s unit and the common areas. However, Property Manager/Owner shall take reasonable measures to enorce the smoke-ree terms o its Leases and to make the (insert designated areas) building/complex smoke-ree. Property Manager/Owner is not required to take steps in response to smoking unless Property Manager/Owner knows o said smoking or has been given written notice o said smoking.

16 P a g e Other Tenants are Third-Party Beneiciaries o Tenant s Agreement: Tenant agrees that the other Tenants at the complex are the third-party beneiciaries o Tenant s smoke-ree Addendum agreement with Property Manager/Owner. A Tenant may sue another Tenant or an injunction to prohibit smoking or or damages, but does not have the right to evict another tenant. Any suit between Tenants herein shall not create a presumption that the Property Manager/Owner breached this Addendum. 8. Eect o Breach and Right to Terminate Lease: A breach o this Lease Addendum shall give each party all the rights contained herein, as well as the rights provided or in the Lease. A material breach o this Addendum by the Tenant shall be a material breach o the Lease and grounds or termination o the Lease by the Property Manager/Owner. Property Manager/Owner acknowledges that in (insert what areas are smoking ree i not all) to be smoke-ree, the ailure to respond by Property Manager/Owner to a complaint iled by the Tenant shall be treated as equivalent to ailure to respond to a request or maintenance. 9. Disclaimer by Property Manager/ Owner: Tenant acknowledges that Property Manager/Owner s adoption o a smoke-ree living environment, and the eorts to designate the tenantial complex as smoke-ree, does not in any way change the standard o care that the Property Manager/Owner would have to Tenant household to render buildings and premises designated as smoke-ree any saer, more habitable or improved in terms o air quality than any other rental premises. Property Owner/Manager cannot and does not warranty or promise that the premises or common areas will be ree rom secondhand smoke. Tenant acknowledges that Property Manager/Owner ability to police, monitor or enorce the agreements o the Addendum is dependent in signiicant part on voluntary compliance by Tenant and Tenant s guest. Tenant with respiratory ailments, allergies or any other physical or mental condition relating to smoke are put on notice that the Property Manager/Owner does not assume any higher duty o care to enorce this Addendum than any other Property Manager/Owner obligation under the Lease. 10. Eect on Current Tenants: Tenant acknowledges that current Tenants residing in the complex under a prior Lease will not be immediately subject to the smoke-ree policies. As current Tenants terminate occupancy, or enter new Leases, the smoke-ree policy will become eective or those units. Tenant Date Property Manager/Owner Date

17 P a g e 16 Follow-up Letter to Tenants (Date) (Building/complex) Tenant Street Address City, Street, ZIP Dear Tenant, Please be advised that we previously mailed out a non-smoking addendum to your lease, requesting or you to sign and return it. We did not receive this signed document back. I am advising you that the implementation o a smoke-ree policy is still in eect. Enclosed is another copy o the non-smoking addendum. Please review it and contact me at (phone number) with any questions or concerns you may have. Thank you. Sincerely, (Employee Name), Property Manager (Building/Complex)

18 P a g e 17 Sample Signage Materials

19 P a g e 18 Smoking Cessation Resources Community Tanner Health System s Get Healthy, Live Well Mailing Address: 303 Ambulance Drive Carrollton, GA Phone: State Georgia Tobacco Quit Line English: STOP ( ) Spanish: DEJELO-YA Hearing Impaired: Hours: Available every day, 24 hours a day, 7 days a week (including holidays) National

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