Warren County Housing Authority No Smoking Policy

Transcription

1 Warren County Housing Authority No Smoking Policy As required by HUD, the Warren County Housing Authority (WCHA) is hereby adopting a policy to forbid smoking in all of its structures and within 25 feet of a WCHA owned structure. It does not prohibit smoking by public housing residents. It just states where they cannot smoke. This policy shall go into effect on June 1, A. PURPOSE: This policy was developed to: 1. Protect tenants from the medical hazards of second hand smoke; 2. Protect lives and property from fires due to smoking accidents; and 3. Reduce turnover costs associated with smoke damage in our residential units. B. DEFINITIONS: Prohibited tobacco products. Items that involve the ignition and burning of tobacco leaves, such as (but not limited to) store bought or hand-rolled cigarettes, cigars, and pipes. This includes electronic (e-) cigarettes, water pipes and/or hookahs. Restricted areas. Smoking is not allowed in any public housing living units and other interior areas. Interior areas include, but are not limited to, hallways, rental units, administrative offices, maintenance facilities, community rooms, laundry facilities, and similar structures. Smoking is also prohibited within 25 feet of public housing and other WCHA owned structures. Common areas or gathering areas outside are also restricted areas and the 25 foot rule applies to these areas, the same as a structure. Designated smoking areas. No areas on any WCHA property will be deemed as a designated smoking area. However, there will be receptacles specifically for the safe disposal of smoking waste (cigarette butts). These smoker s receptacles will be placed 25 feet from entrances to be utilized for the extinguishment and proper disposal of cigarette butts. Covered individuals. This policy covers, not only everyone living on the property, but also all guests and visitors. Each resident is responsible for his or her guests or visitors. Violations of this policy by an aide, guest or visitor will be considered to have been made by the resident. No Smoking Policy WCHA page 1 of 4

2 C. THE POLICY: Beginning June 1, 2018, no lighted or usage of prohibited tobacco products will be allowed in restricted areas of the WCHA, which includes all public housing living units and other interior areas. Interior areas include, but are not limited to, all hallways, rental units, administrative offices, maintenance facilities, community centers, laundry facilities, and similar structures. Smoking is also prohibited within 25 feet of public housing and other WCHA owned structures. Residents, aides, visitors, and guests are all covered by this policy and the resident is responsible. Any costs incurred by the WCHA due to a violation of this policy by a resident, an aide, visitor, or guest shall become the financial obligation of the resident. D. PHASE-IN PERIOD: All residents will need to sign an addendum, incorporating this policy into the lease; or sign the new lease with this policy included. Additionally, the residents will sign the form attached to the end of this policy, acknowledging their understanding of the No Smoking Policy. The Warren County Housing Authority encourages the utilization of resources to assist people who want to begin their effort to quit smoking even before the new No Smoking Policy goes into effect. People desiring assistance should contact the following: Warren County Health Department, (309) , or call toll free QUIT-NOW ( ), If the aforementioned or other programs cannot accept a resident or applicant into its stop smoking program, this is not a valid reason to continue smoking. This policy must be complied with in all situations. While the policy will not take effect until June 1, 2018, the Warren County Housing Authority urges its smoking residents to begin their transition to a smoke-free life as soon as possible. The Warren County Housing Authority recognizes that quitting to smoke is a difficult task and urges its residents to give themselves as much time as possible to make the transition. Residents living in the property when this policy is adopted, have time to make the transition. This will not be the case for smokers admitted after the effective date of this policy. The fact that one smokes is not a valid reason for rejecting an applicant for public housing. However, smokers admitted after the effective date of this policy are expected to comply with the policy immediately upon their admission to public housing. For this reason, the Warren County Housing Authority encourages the utilization of smoking cessation programs. Whether one takes advantage of such programs is totally up to each individual. E. REASONABLE ACCOMMODATION REQUESTS: An addiction to nicotine or smoking is not a disability. That stated, a person with a disability may request a reasonable accommodation if they are a smoker. No person with a disability will be

3 discriminated against or excluded from a program, due to a disability. Reasonable accommodations will be made, where warranted, as quickly as possible. F. PENALTIES FOR VIOLATING THIS POLICY: If this policy is violated by any resident or family member, the following penalties shall be enforced: First Offense Verbal Warning; Second Offense Written Warning and a maintenance fee of $50; Third Offense Written Warning and a maintenance fee of $50; Fourth Offense Written Warning, a maintenance fee of $50 & counseling that may, or may not lead to eviction. If an aide, visitor or a guest, to any resident, violates this policy, the following penalties shall be enforced to the resident: First Offense Verbal Warning; Second Offense Written Warning and a maintenance fee of $50; Third Offense Written Warning and a maintenance fee of $50; Fourth Offense Written Warning, a maintenance fee of $50 & counseling that may, or may not lead to eviction; may, or may not lead to the individual being banned from the property. If the violator is an aide, visitor or guest, the graduated penalty steps will start over with each annual lease renewal. There is no start over for a resident. It should be noted that city ordinances and state acts, including the littering of cigarette butts will be enforced. Disposal in the proper receptacles will be enforced. All warnings and penalties assessed against a resident will be documented in the resident s file. G. DISCLAIMER: The Warren County Housing Authority s adoption of this policy does not change the standard of care it has for the living units or common areas. The Housing Authority specifically disclaims any implied or express warranties concerning the air quality in either the living units or common area. There is no warranty or promise that the air will be smoke free. Residents with respiratory ailments, allergies or other condition relating to smoke are put on notice that the Warren County Housing Authority does not assume any higher duty of care to enforce this policy than any other Warren County Housing Authority obligation under the rental agreement.

4 Warren County Housing Authority By signing below, I acknowledge the receipt of a copy of the Warren County Housing Authority s No Smoking Policy, to go into effect on June 1, 2018, and the fact that it has been explained to me. I have read the policy and understand that a violation of the policy may lead to counseling, maintenance fees, and ultimately, the possible eviction from the property for myself and for my family. Management Staff: Printed Name Signature

5 Other. Effective October 1, 2017, smoking or tobacco use will be prohibited in all property owned and operated by The Housing Authority of Pulaski County (HAPC). The Smoke-Free Policy is intended to improve the quality of air and the safety of residents, guests, and employees. Implementation of a Smoke-Free Policy is required by the U.S. Department of Housing and Urban Development, PIH Notice 2016-and it is consistent with their program goals and objectives. There are NO exceptions to this policy. Smoking is only permitted in specifically designated outside areas. HAPC PROPERTY SMOKE-FREE POLICY Effective October 1, 2017, smoking or tobacco use will be prohibited in all property owned and operated by The Housing Authority of Pulaski County (HAPC). The Smoke-Free Policy is intended to improve the quality of air and the safety of residents, guests, and employees. Implementation of a Smoke-Free Policy is required by the U.S. Department of Housing and Urban Development, PIH Notice 2016-and it is consistent with their program goals and objectives. There are NO exceptions to this policy. Smoking is only permitted in specifically designated outside areas. 1. No person may use, smoke, hold or carry lighted tobacco in any form; including cigarettes, pipes, or cigars, in all HAPC owned properties; all interior common areas including but not limited to community rooms, community bathrooms, lobbies, offices, reception areas, hallways, laundry rooms, stairways, and elevators. Smoke or tobacco use will also be prohibited within all living units.

6 2. Smoking outside HAPC owned properties shall be permitted only in designated smoking areas, which shall be at least 25 feet from entry ways, windows, porches, balconies, patios, or ventilation system. Smoking areas shall be located sufficient distances from the buildings and sidewalks so that secondhand tobacco smoke does not enter the buildings and to ensure residents and guests can avoid walking through secondhand tobacco smoke to enter or leave HAPC owned properties. 3. Persons who smoke in designated smoking areas are responsible for properly disposing of cigarette butts or other tobacco products so as not to litter the grounds. 4. Residents and employees who smell tobacco smoke from inside HAPC owned property are to report this to the Property Manager or Main Office as soon as possible. HAPC s Management staff will try to identify the source of the smoke and take appropriate action. 5. Current residents will receive a copy of this Smoke-Free Policy and are required to sign lease addendums reflective of the Smoke-Free Policy before September 30, New residents who sign leases effective on or after October 1, 2017, will be given copies of the Smoke-Free Policy and their lease will reflect this policy. 6. HAPC will post signage to clearly designate smoking and non-smoking areas. HAPC PROPERTY SMOKE-FREE POLICY cont. Initials HAPC staff is responsible for fully implementing and enforcing this Smoke-Free Policy, which includes taking steps to insure 100% of the new and current residents and guests are aware of and abide by the Smoke-Free Policy. Failure to abide by this Smoke-Free Policy is considered a lease violation with the following consequences: 1 st offense: Staff will send the resident a gentle reminder of the smoking ban, including a copy of the policy, and inform the resident of the smoking cessation resources the agency has available. 2 nd offense: Staff will send the resident a second reminder of the smoking ban, including a second copy of the policy, and must make an appointment with the designated Property Manager of that site for assistance in complying with the smoking ban.

7 3 rd offense: Staff will send the resident a notice of mandatory conference with the Property Manager and the Executive Director to discuss the policy and repeated violations. Discussion for this offense will be held to once again assist the resident in developing strategies to help them comply with the policy in order to safeguard their housing. If the resident fails to attend the conference, they will receive a lease violation notice in conformance with the existing HAPC policy. 4 th offense: The resident will be issued a remedial lease violation. 5 th offense: The resident will be issued another lease violation. 6 th offense: An eviction notice to terminate the lease will be issued. Also, at move out, a cleanup fee of $ may be added to help cover the costs of the removal of smoke residue from your unit. Prohibit the use of cigarettes, cigars, pipes, and hookah (waterpipes) in all living units, indoor common areas and administrative offices. Prohibit the use of tobacco products covered by the policy in outdoor areas within 25 ft. from buildings. Allow for further restrictions (e.g., buffer around playgrounds, restrict smoking to designated outdoor areas, property-wide smoke-free policy). Apply to all housing types, including single family units. Require PHAs to document their smoke-free policies in their PHA plans, a process that requires resident engagement and public meetings. Help improve the health of more than 2 million public housing residents, including 760,000 children. Save an estimated $153 million every year in costs from secondhand smoke attributable healthcare, repairs of smoke-permitted units and smoking attributable fires. Current and new tenants will be given two (2) copies of HAPC s Smoke-Free Property Policy. After review, tenant (head of household) will initial page 1-2 and sign and date page 3. Return the Initials fully executed (signed and dated) policy to HAPC Main Office and keep the other copy for your records. The HAPC s copy will be placed and maintained in your Resident housing file. TENANT CERTIFICATION As Head of Household, I have read and understand the above Smoke-Free Policy and I agree to comply fully with the provisions. I understand that failure on my part, other members of the

8 household, and my guests to comply with this Smoke-Free Policy could result in a 30 day eviction notice as outlined above. Resident Signature (Head of Household) Unit Number: : 1- Enforcement: Enforcement of the HACC Smoke-Free Public Housing Policy shall be as follows: a- 1st Violation: Verbal Warning b- 2nd Violation: Written Warning Lease Violation c- 3rd Violation: Consultation and 2nd Written Lease Violation Warning d- 4th Violation: Notice of Termination of Lease and Assistance with remedy e- 5th: Termination of Lease and Assistance with no option for remedy Disclaimer by HACC: Resident acknowledges that HACC s adoption of a smoke-free living environment, and the efforts to designate the premises as smoke-free, does not in any way change the standard of care that the HACC would have to a Resident household to render buildings and premises designated as smoke-free any safer, more habitable, or improved in terms of air quality standards than any other rental premises. The HACC specifically disclaims any implied or express warranties that the building, common areas, or Resident s premises will have any higher or improved air quality standards than any other rental property. The HACC cannot and does not warranty or promise that the rental premises or common areas will be free from secondhand smoke. Resident acknowledges that HACC s ability to monitor, or enforce the agreements of the Addendum is dependent in significant part on voluntary compliance by Resident and Resident s guests. Residents with respiratory ailments, allergies, or any other physical or mental condition relating to smoke are put on notice that HACC does not assume any higher duty of care to enforce this Lease Addendum than any other HACC obligation under the Lease. By the signatures below I/we also acknowledge that the Provisions of this Lease Addendum Smoke Free Public Housing have been received and thoroughly explained to me/us. Head of Household Signature Spouse if applicable

9 Other Adult Other Adult Housing Authority Official