Smoke Free Housing The Massachusetts Experience

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1 in Apartments and Condominiums Is It Possible? The Massachusetts Experience National Environmental Health Association 74th Annual Educational Conference & Exhibition Albuquerque, NM June 7, 2010 Patrick J. Maloney, RS, MPAH Assistant Director of Public Health Chief Division of Environmental Health Brookline Health Department, Brookline MA Christopher Banthin, JD Program Director Public Health Advocacy Institute and Inspectional Programs Northeastern University School of Law Boston MA

2 Food Safety Mass Gatherings Lead Animal Control Asbestos Choke Saver Nuisance Complaints Public Education Children s Camps Environmental Health Drinking Water Vector Control Housing Standards Tobacco Control Day Care Pools Lodging Homes Ticketing Radiation Safety Massage Solid Waste Septic Systems Tanning GIS Land Fill Hazardous Materials IAQ Playground Safety Massachusetts Health Departments Enforce the Minimum Standards of Fitness for Human Habitation 105 CMR Chapter II State Sanitary Code. Chapter III s a General Nuisance Statutes. Boards of Health can adopt reasonable rules and regulations to protect the Public Health. MGL Chap III s 127A, B, 150A 2

3 The Tools Needed Other Tools: Smoke Tubes (pressure differential) Balometer Perflourcarbon tracer gas test ETS Markers PM10 PM2.5 airborne particles Dustrak Particle bound PAH Eco Chem PAS20000CE Nicotine Vapor Hammond passive monitoring badges Environmental Assessment Complaint Information: When Where What How Did management take any action? Environmental Inspection Schedule during problem times Have occupant direct you to the area that is most evident Check all rooms common areas (closets, hallways etc) 3

4 Common Pathways That Smoke Travels Kitchen and Bathroom vents Pipe penetrations (water sewage) Electrical sockets and lighting fixtures Gaps spaces between floors and walls Gaps in ceiling areas, drop ceilings, molding Closet areas Corrective Actions (including the ETS source) Mechanical ventilation in compliance ( /351, Chap III) Seal cracks, holes and openings: floors, walls and ceilings ( , Chap III) Seal gaps around pipes (see example) ,Chap III) Seal electrical outlets and fixtures (weather stripping example) ( , Chap III) Seal doorways (weather stripping) (Chap III) Order compliance with common area smoking requirements within building Do we have success? SOMETIMES Do you have a better answer? SMOKE FREE HOUSING 4

5 Why multi-unit dwellings? Secondhand smoke is generally not contained inside an apartment or condominium unit. Secondhand smoke can remain in the air for hours. The vast majority of passive and active ventilation systems often do not solve the problem of drifting secondhand smoke and can exacerbate it. 13 Secondhand Smoke Nonsmokers exposed to secondhand smoke at home increase their risk of developing lung cancer by 20%- 30% and risk of heart disease by 25%-30%. The home is where children are most exposed to secondhand smoke. Children exposed to secondhand smoke are more likely to develop asthma, bronchitis, and pneumonia. As the public s awareness of these harmful effects has increased, more and more tenants have sought out apartment buildings where smoking is prohibited altogether. 14 Research Objectives Gauge market demand for smoke-free rules in apartments and condominium buildings Measure the percentage of multi-unit housing with smoke-free rules Assess the experiences of landlords who made smoke-free rules 15 5

6 Methodology 2 surveys were conducted Telephonic survey: 1,304 resident responses Written survey : 372 landlord responses 16 I. Interest in Smoke-Free Units 81% of prospective residents are immediately less interested in a property if they smell smoke. 69% of prospective residents want to know up front in the listing information. Levels of interest were consistent over gender, age, education level, income level, and housing type. 17 Tenants: Demand for Smoke-Free Building 39-42% of prospective tenants are willing to pay more Percentage of Tenants Breakdown of Tenants Willing to Pay More 67.4% 32.6% 63.8% 21.9% 10% More 20% More 0 Divided House Apartment Building 18 6

7 Condo Owners: Demand for Smoke-Free Building 49% of prospective condo owners are willing to pay more Percentage of Condo Owners Condo Owners: Willingness to Pay More % % % more 10 % more II. Key Findings: Tenant Support for Smoke-Free Rules Percentage of Tenants Apartment Buildings: Tenant Levels of Support for Smoke-Free Rules 100 Support Neutral 4.5 Oppose Percentage of tenants Apartments (Divided House): Tenant Levels of Support for Smoke-Free Rules 100 Support Neutral Oppose 0 0 Tenants who currently live in smoke-free apartments 20 II. Key Findings: Condo Owner Support for Smoke-Free Rules 100 Support Percentage of Tenants Neutral 4.2 Oppose 4.2 Owners who currently live in smoke-free buildings 21 7

8 II. Key Findings (for current residents) Where Smoking is Permitted: 70-75% of prospective residents would support immediate change to a smoke-free rule or remain neutral 22 Supply vs. Demand Only 29% of multi-unit residential properties are smoke-free. The large gap between supply and demand suggests that landlords can benefit by going smoke-free. 23 III. Key Findings : Cost (for landlord experiences) Landlord Expenses Spend $300-$500 extra Spend Over $500 extra Spend $100-$300 extra Spend $0 extra 24 8

9 The Question of Legality 19.4% of landlords without smoke-free rules believed that such a rule was illegal and 35.8% were unsure if it was legal. Landlords have a legal right to make nosmoking rule for their properties. 25 The Question of Legality Just like prohibiting pets, landlords and condominium associations can prohibit smoking. Smoke-free policies are not discriminatory. Your policy prohibits smoking. It does not prohibit smokers from renting your apartments or living in your condominium. Implementation (Landlords) 16% of the landlords reported that a smoke-free rule decreased their vacancy rates. 77% experienced no effect on vacancy rate. 19% of the landlords reported that a smoke-free rule decreased their turnover rates. 78% experienced no effect on turnover rates. 39% of landlords reported that a smoke-free rule decreased disputes among tenants. 54% reported no effect. 27 9

10 Implementation (Landlords) 99% of all landlords who had a smoke-free rule believed it was a good decision 90% of landlords reported that the transition was easy or very easy. HOW?: The Details Implement a smoke-free rule when current leases renew. Have new tenants sign a lease addendum when they sign their lease. For month-to-month tenants, warn them a full month before the rule goes into effect. Landlords can make the decision to go smoke-free; tenant input is not necessary. 28 Implementation (Condo Trustees) Step 1: Educate unit owners Step 2: Make all enclosed common areas smoke-free Condominium trustees generally have the authority to make enclosed common areas smoke-free right away by a majority vote of the trustees. Check your condominium documents. Step 3: Make non-enclosed common areas smokefree If enclosed common areas are already smoke-free, then implement a rule for common areas that are not enclosed, such as fire escapes and patios. Implementation (Condo Trustees) Step 4: Implement smoke-free rule for the entire property A no-smoking rule that applies to individual units requires a vote of the condominium association. Usually, more than 75% must vote in support. Although the best option is to make all units smoke-free, some associations opt to grandfather in current residents who smoke. Their units become smoke-free when they are sold. For units that are rented, some associations grandfather in the units, but only until the end of the lease term or when renewed. If your association grandfathers in units, the bylaw amendment should include the following: 1) A list of the grandfathered units; and 2) Language that states that drifting tobacco smoke, no matter from where it originates, shall not be exempt from the condominium s general rule against creating nuisances Record the Bylaw Amendment 10

11 Enforcement 1. The view that changing to a smoke-free rule is difficult. Over 90% of landlords who implemented a policy reported it was easy or very easy. 2. Perception that enforcing a smoke-free rule is difficult. Over 93% of landlords who implemented a smoke-free rule did not find it difficult. 3. Incorrect belief that a smoke-free rule is illegal. Only 44.8% of landlords who did not have a rule believed it was legal. 31 Enforcement To make implementing and enforcing your nosmoking rule easier: Post no smoking signs Clean up cigarette butts and remove ashtrays Tell your tenants why you have a no-smoking rule Have tenants tell their guests about the nosmoking rule Respond quickly and consistently to potential violations Tell your tenants that they will be held financially responsible for violating the rule Conclusion: Economic Benefits First, there is a strong demand for apartments in smoke-free buildings. Second, few properties are smoke-free, which suggests that the demand for smoke-free properties is unmet. Third, smoke-free rules appear to reduce operating costs of rental businesses. Fourth, eliminate the leading cause of residential fires. More people die in fires caused by smoking than by any other type of fire. Property damage from cigarette-caused fires exceeds $400 million annually. Fifth, by going smoke-free, landlords and property managers will help reduce secondhand smoke-related diseases

12 in Apartments and Condominiums Is It Possible? The Massachusetts Experience Patrick J. Maloney, RS, MPAH Assistant Director of Public Health Chief Division of Environmental Health Brookline Health Department, Brookline MA Christopher Banthin, JD Program Director Public Health Advocacy Institute and Inspectional Programs Northeastern University School of Law Boston MA

GOING SMOKE- FREE: A GUIDE FOR TENANTS

GOING SMOKE- FREE: A GUIDE FOR TENANTS References For more health related information, please visit gethealthycarsoncity.org D id you know that the secondhand tobacco smoke drifting into your apartment