SMOKEFREE HOUSING

SMOKEFREE HOUSINGA Property Manager’s Guide to Adopting a Smokefree Policy

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Welcome! Thank you for taking the time to consider makingyour property smokefree. As you begin this process, you will likely have many questions. This toolkit will help to guide you through the process of implementing a smokefree property.

About the American Lung AssociationThe American Lung Association is the leading organization working to save lives by improving lung health and preventing lung disease, through research, education and advocacy. Our work is focused on five strategic imperatives: to defeat lung cancer; to improve the air we breathe; to reduce the burden of lung disease on individuals and their families; to eliminate tobacco use and tobacco-related diseases; and to accelerate fundraising and enhance organizational effectiveness to support the urgency of our mission.

What is a community partnership?The American Lung Association in Iowa serves as a community partner through the Iowa Department of Public Health, Division of Tobacco Use Prevention and Control. We focus on tobacco education, prevention, and cessation. We serve eight counties in central Iowa with this grant.

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Why adopt a smokefree policy

?Is the cost of renovating units that have been smoked in too high?

?Are you concerned about the health of your residents and their children?

?Are you spending time and energy receiving complaints from tenants?

Knowing why you’re considering going smokefree lays the groundwork for making the decision and will help with communicating the policy.

What do your residents think? A helpful tool during the information gathering stage is to conduct a

resident survey. This will help you gauge how the tenants feel about a

possible smokefree policy, know how many will be affected and anticipate

potential enforcement issues.

?Are you spending money cleaning up after smokers?

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Smoking-related fires are the leading cause of fire deaths.

Maintenance cost is 2-7 times greater for a smoked in unit.

The majority of renters prefer smokefree housing.

Protect residents, visitors and employees from the dangers of secondhand smoke

The incidence of e-cigarette related fires is on the rise.

There are many benefits to going smokefree

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Protect residents, visitors and employees from the dangers of secondhand smoke

• Secondhand smoke containsover 7,000 chemicals, 69 ofwhich are known to causecancer.2

• Secondhand smoke can migratefrom other units throughdoorways, cracks in walls,electrical lines, plumbing andventilation systems.4,5

• A study of children living inapartments where no one inthe home smoked still showedevidence of secondhand smokeexposure.6

Health effects of secondhand smoke

Secondhand smoke is the combination of smoke from the burning end of a cigarette and the smoke exhaled by a smoker.1 Secondhand smoke is a major cause of lung cancer, heart disease, respiratory problems and premature death in nonsmoking adults. Children are especially vulnerable to the health effects of secondhand smoke given their developing bodies and lungs. Breathing secondhand smoke, even briefly, causes immediate harm to the heart and blood vessels.4

Secondhand smoke is breathed by neighbors

• No engineering approach iseffective in controlling exposure tosecondhand smoke, as concludedby the American Society ofHeating, Refrigerating and AirConditioning Engineers’ (ASHRAE).

• ASHRAE “encourages theelimination of smoking in theindoor environment as the optimalway to minimize environmentaltobacco smoke exposure.”4

• Children exposed to secondhandsmoke are at an increased risk forsudden infant death syndrome (SIDS),acute respiratory infections, earproblems and more severe asthma.3

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carpet

furniture

wall coverings

clothing

Health effects of thirdhand smoke

Thirdhand smoke is the residue of harmful chemicals that remains on fabrics and surfaces for days, weeks and months after a cigarette or other combustible tobacco product has been smoked. These fabrics and surfaces can include walls, counter tops, carpets, floors, curtains, furniture, toys, bedding, clothing and even hair and skin. Infants, children and adults may be at risk of tobacco-related health problems when they breathe, eat or touch thirdhand smoke.

Thirdhand smoke cannot be eliminated by opening windows, using fans or air conditioners, or confining smoking to only certain areas of a home.

Thirdhand smoke is a sticky and permeating residue that is not easily removed.

Areas where you can find thirdhand smoke

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Smokefree policies are good for business

Data reflect surveys from housing authorities and subsidized housing facilities in New England. Collected and reported by Smoke-Free Housing New England, 2009.7

Cost to renovate a unit

Policies reduce turnover costs between tenants

The cost of turnover between tenants in a unit is already costly to property owners and managers. The cost of cleaning a unit that has been smoked in is often 2-7 times more than a smokefree unit. Putting a policy into place can reduce turnover costs dramatically.

• Residue develops and stains walls,curtains, blinds, appliances and fixtures.

• Odor remains in carpets, curtains andwalls.

• Burn damage occurs to flooring,ceilings, curtains, counter tops andbathtubs.

heavy smokinglight smokingnon-smoking$0

$500

$1000

$1500

$2000

$2500

$3000

$3500

$4000

general cleaning paint flooring appliances bathroom total

“We are very happy with this decision to go smokefree. We have happier, healthier residents in our communities and have not experienced vacancy issues because of this decision.” —Rick Tollakson

Hubbell Realty Company

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Renters prefer smokefree housing

• Smokefree policies are generally self-enforcing, with the majority of residentsalready having a smokefree policy in their unit.7

• Research shows 75% of renters support the implementation of a smokefreepolicy in their multi-housing unit.9

• The majority of renters are non-smokers. 81.9% of Iowa adults don’t smoke.

Smokefree housing is a growing market

• Municipalities, public housing authorities and properties across the U.S. areadopting smokefree policies.12

• On February 3, 2017, the U.S. Department of Housing and Urban Development

finalized a rule requiring all public housing adopt a smokefree policy. This applys

to all units, common areas, offices and all areas within 25 feet of buildings.

Reduce legal actions

• Nonsmoking tenants can bring legal action againstowners and smoking tenants on the basis of severallegal grounds related to secondhand smoke. Thesecan include breach of covenant of quiet enjoyment,negligence, nuisance and breach of warranty ofhabitability.

• Additionally, nonsmoking tenants with lung disease may pursue legal action under theFair Housing Act and the Americans with Disabilities Act for failure to provide reasonableaccommodations that protect these residents from secondhand smoke.

Smokefree policies are legalThere is no constitutional right to smoke. Smokers are not a protected class and legal judgments have concluded smokefree policies do not infringe on individual rights.8 There is no federal, state or local law that prohibits a property from adopting a smokefree policy.8

“There is no SAFE level of exposure to secondhand smoke.”

—2006 Surgeon General’s Report

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The American Lung Association can assist you with developing a smokefree policy

“It is very easy to work with the American Lung Association. They are professional, understand their benefit to our communities and are a pleasure to work with. They have helped to educate our staff and residents on the benefits of the program.”

—Rick Tollakson, Hubbell Realty Company

CustomSignage

EnforcementMaterials

Sample Policy

Language

Custom Support

Materials

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Developing a good policy takes time, and there will be details unique to your property. No need to start from scratch! We have sample language to get you started.

Developing the smokefree policy

Resident education

After making the decision to go smokefree and developing the policy, the change must be communicated with all residents. Begin this process at least 60-90 days before the policy goes into effect. The American Lung Association can assist you with all of this.

Platinum • Entire property is smokefree

Gold • All buildings 100% smokefree• All outdoor areas smokefree except designated

smoking areas• Smoking areas are at least 25 feet from all buildings

Silver • All buildings 100% smokefree• All outdoor areas within 25 feet of each building are

smokefree

Bronze • At least one 100% smokefree building• All balconies and patios are smokefree

Copper At least one 100% smokefree building

Be sure to include:

• Where smoking is prohibited

• Who the policy applies to, specifying tenants, guests, staff and other visitors

• The definition of smoking and what that includes, such as cigarettes, cigars,

electronic cigarettes, hookahs, etc.

• When the policy will go into effect

• Enforcement and penalties

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Hold a tenant meeting to explain the policy and answer any questions

Suggested activities

Send out a resident notice with a copy of the policy to all tenants

Post fliers and signs in the buildings’ common areas announcing the new policy

Post permanent signs in common areas, inside and outside the buildings, that clearly explain the policy

As the implementation date nears, hold another round of tenant education to remind them of the policy.

Policy adoption

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EnforcementSmokefree policies are primarily self-enforced, but it is critical that you enforce the policy. Below are our best practices regarding enforcement.

Before the policy takes effect:

• Be clear and concise about enforcement in your policy.

• Notify your tenants. While most people will embrace the new policy, there isalways the possibility that some tenants will not continue their lease under thenew policy. We recommend allowing tenants that do not want to sign the newpolicy to terminate their lease early, with no penalty.

After the policy takes effect:

• The American Lung Association recommends a tiered system of warnings andviolations, with eviction being the last resort. While this tiered system can bemodified to meet your property’s unique needs, it is important to clearly presentthis in the lease addendum.

6TH OFFENSE

Eviction notice.

2ND OFFENSE

Staff will send the resident a second reminder of the smokefree policy, including a second copy of the policy.

4TH OFFENSE

Resident will be issued a remedial lease violation.

5TH OFFENSE

Resident will be issued another lease violation.

1ST OFFENSE

Staff will send the resident a gentle reminder of the smokefree policy, including a copy of the policy, and resources that are available to the resident.

3RD OFFENSE

Staff will meet with resident for a mandatory conference to discuss the policy, repeated violations, and strategies to help them comply with the policy. A lease violation will be issued if resident fails to comply.

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Promote being smokefree!

When you take steps to go smokefree, you are part of a growing movement to provide healthy homes and save lives.

Make Smokefree Building your #1 amenity listed! Update your existing marketing materials, website and apartment listings to advertise your new smokefree status.

Additional ResourcesAmerican Lung Association in Iowa _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Lung.org

Americans for Nonsmokers’ Rights _ _ _ _ _ _ _ _ _ _ _ _ No-smoke.org

Smoke Free Homes _ _ _ _ _ _ _ _ _ _ _ _ _ SmokeFreeHomes.Iowa.gov

Smoke Free Air Act _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ SmokeFreeAir.gov

Public Health Law Center _ _ _ _ _ _ _ _ _ PublicHealthLawCenter.org

Smoking Cessation ResourcesFreedom From Smoking® _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ FFSOnline.org

Quitline Iowa _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ QuitlineIowa.org

Lung Helpline _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1-800-LUNGUSA

Congratulations!

Iowa Smoke Free Homes WebsiteOnce you successfully implement a smokefree, multi-unit housing policy, you have the option to add your property to the Smoke Free Homes Registry at no cost! This website lists all the smokefree properties in Iowa and is accessible by tenants and property owners.

SmokeFreeHomes.Iowa.gov

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1. American Society of Heating, Refrigerating and Air Conditioning Engineers. Position Document on Environmental Tobacco Smoke, 2010. www.ashrae.org/…/docLib/About%20Us/PositionDocuments/ASHRAE_PD_Environmental_Tobacco _Smoke_2010.pdf

2. U.S. Department of Health and Human Services. The Health Consequences of Smoking—50 Years of Progress: A Report of the Surgeon General. Atlanta: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014.

3. U.S. Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. 2006. www.surgeongeneral.gov/library/secondhandsmoke

4. King, B.A., et al. National and State Estimates of Secondhand Smoke Infiltration Among U.S. Multiunit Housing Residents. Nicotine & Tobacco Research. 2012 Dec 17. www.ncbi.nlm.nih.gov/pubmed/2324830

5. Kraev, T.A., et al. Indoor Concentrations of Nicotine in Low-income, Multi-unit Housing: Associations with Smoking Behaviors and Housing Characteristics. Tob Control. 2009 Dec; 18(6):438-44

6. Wilson, et al. Tobacco-Smoke Exposure in Children Who Live in Multiunit Housing. Pediatrics. 2011; 127(1): 85-92

7. National Center for Healthy Housing. Reasons to Explore Smoke-free Housing. www.nchh.org/Portals/0/Contents/Green%20Factsheet_Smokefree.pdf

8. Tobacco Control Legal Consortium. There is No Constitutional Right to Smoke: 2008. www.publichealthlawcenter.org/sites/default/files/resources/ tclc-syn-constitution-2008_0.pdf

9. Hennrikus, D., et al. Preferences and practices among renters regarding smoking restrictions in apartment buildings. Tob Control. 2003 June; 12(2): 189-194

10. Minnesota Adult Tobacco Survey. (2014). Tobacco Use in Minnesota. Retrieved March 31, 2016, from http://www.mntobacco.nonprofitoffice.com/vertical/Sites/%7B988CF811-1678-459A-A9CE-34BD4C0D8B40%7D/uploads/ MATS_Fact_Sheet_FINAL_1_20_15.pdf

11. U.S. Department of Housing and Urban Development. Smokefree Housing: A Toolkit for Owners/Management Agents of Federally Assissted Public and Multi-family Housing. portal.hud.gov/hudportal/documents/huddoc?id=pdfowners.pdf

12. Americans for Nonsmokers’ Rights. U.S. Local Laws and Policies Restricting or Prohibiting Smoking in Private Units of Multi-Unit Housing, January 2013. www.no-smoke.org/pdf/smokefreemuh.pdf

References

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