Implementing a Smoke Free Housing Plan in Independent Living

1
Implementing a Smoke Free Housing Plan in
Independent Living

• By Kathy Loscheider, Executive Director
• Christian Care - Phoenix

2
Banning Smoking in Public and Subsidized Housing

• The number of local public housing authorities
  and owners that prohibit smoking in common areas
  and individual rental units increased fourfold
  from 2004 to 2006 according to the Center for
  Social Gerontology.

3
Why Owners Should Implement a Non-smoking Policy

• The growing trend toward banning smoking at
  public and subsidized housing mirrors the
  health-motivated national movement to ban smoking
  in public places.
• Non-smoking policies guard owners and residents
  against harm caused by second-hand smoke and
  cigarette-related fires.
• Non-smoking policies can also save owners
  2-3,000 per unit on refurbishing costs.

4
Authority for Establishing Non-Smoking Policies

• Smokers are not a protected class under federal
  law, as are other groups such as persons with
  disabilities.
• The U.S. Department of HUD does not prohibit
  owners from establishing non-smoking policies in
  public housing.
• Non-smoking policies are generally governed by
  state law.

5
Arizona State Law Smoke Free Arizona Act went
into effect in 2007

• THEREFORE, The people of Arizona declare that
  everyone has the right to breathe clean indoor
  air in public places and at work, and that the
  health of Arizonans will be improved by
  prohibiting smoking in enclosed public places and
  places of employment. It is the intent of this
  Proposition to protect patrons, employees and
  people who may be particularly vulnerable to the
  health risks of breathing secondhand tobacco
  smoke including children, seniors and people with
  existing health problems.
• See http//www.smokefreearizona.org/ to read the
  entire act.

6
Implementing a Non-Smoking Policy

• The easiest way to implement a non-smoking policy
  is to add a house rule rather than to amend an
  existing lease.
• 1. Owners should give adequate prior notice to
  current residents and prospects that the building
  will be implementing a non-smoking policy. (We
  gave 12-months advance notice see memorandum
  1).
• 2. Owners should express concerns for the safety
  of the residents and condition on individual
  units and buildings as a whole.

7
Implementing a Non-Smoking Policy

• During the 12-month notice the Owner gives notice
  to each resident at the time of lease renewal of
  the new house rule which prohibits smoking in
  their individual unit and the effective date of
  implementation of the house rule. The resident
  signs receipt of the notice.
• The owner might also consider giving current
  residents resources for helping them stop smoking
  such as smoking cessation programs.

8
Implementing a Non-Smoking Policy

• The owner shall give a copy of the new house rule
  with all rental applications so prospective
  residents are aware of the implementation date.
• 90 days prior to the implementation date the
  owner should designate outdoor smoking areas.
  These areas must be 20 feet from any entrance to
  a building or open window. These areas should be
  marked with a sign Designated Smoking Area and
  should include shade, seating and cigarette
  disposal containers.
• 30 days prior to the implementation date, the
  owner should give residents a reminder notice of
  the non-smoking implementation date. (see
  memorandum 2) A map showing designated smoking
  areas is helpful.

9
Implementing a Non-Smoking Policy

• On the effective date of the non-smoking policy
  the owner should install non-smoking signs at all
  entrances to the building and post a map of
  designated smoking areas on a public bulletin
  board.
• We implemented a 3-strike approach to residents
  who were non-compliant with the non-smoking rule.
  

10
Implementing a Non-Smoking Policy

• Strike 1 At first confirmed report of a
  resident smoking in the unit we advised the
  resident through a letter and/or home visit that
  we were concerned they were smoking in their
  apartment. We gave them copies of our
  non-smoking policy and a copy of their lease
  amendment they signed when they received the
  notice of the new house rule.

11
Implementing a Non-Smoking Policy

• Strike 2 At a second confirmed report of a
  resident smoking in their apartment we issue a
  notice stating they are in non-compliance with
  their lease. They are advised they will receive
  a 30-day notice of lease cancellation if there is
  a 3rd report. The resident is given a list of
  resources if they wish to stop smoking.

12
Implementing a Non-Smoking Policy

• Strike 3 At the third confirmed report of a
  resident smoking in their unit a 30-day
  cancellation of lease notice is delivered to the
  resident. The resident has 10-days to request a
  meeting with the Apartment Manager. The resident
  is asked to provide an acceptable plan of action
  for complying with the non-smoking house rule or
  the lease is cancelled.

13
Our Experience in Implementing a Non-Smoking
Policy

• We implemented our non-smoking rule in July of
  2008. We have not gone past strike 2 with any
  resident.
• We have had 3-4 residents move out of our
  buildings (500 units) because of the non-smoking
  rule.
• We have overwhelming support from non-smoking
  residents and family members who appreciate the
  rule.

14
Our Experience in Implementing a Non-Smoking
Policy

• We have overwhelming support from employees
  (housekeeping and maintenance) who no longer have
  to work in smoke filled apartments.

15
Resident Appeals

• Residents should have the right to appeal the
  non-smoking policy. Christian Care residents
  have the right to appeal through our grievance
  policy included in the Resident Handbook. We
  have not had one resident appeal.

16
Resources

• Assisted Housing Management Insider, March 2007,
  Banning Smoking in Public and Subsidized Housing