PowerPoint Presentation Landlord Awareness

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Making Smoke-Free Multi-Unit Dwellings the Norm
in U.S. 2007 U.S. National Conference on Tobacco
or Health
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Jim Bergman, J.D., Smoke-Free Environments Law
Project The Center for Social Gerontology, Inc.
Ann Arbor, Michigan www.mismokefreeapartment.org
www.tcsg.org/sfelp/home.htm
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• SHS in apts affects millions of people
• Secondhand smoke cannot be controlled
• Health risks the same as elsewhere
• Tenants want smoke-free apartments
• Increasing numbers of complaints about secondhand
  smoke infiltration in apts
• Its legal to do
• Good deal for landlords

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Nationally, 33 of housing units are
renter-occupied. Ranges from about 25 to 60 in
DC and 47 in NY that are renter-occupied. --
U.S. Census, 2000
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In 2005, 74 of households in 14 states surveyed
were smoke-free. Ranged from 83 in Arizona
to 64in Kentucky. -- Behavioral Risk Factor
Surveillance System 2005 (14 state survey)
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Smoke-free homes are the norm, not the exception.
But, most apartment condo buildings are not
smoke-free. A family with a smoke-free policy in
their apartment or condo can easily have
secondhand smoke intrusions.
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• Why is there such concern about secondhand smoke
  in apartments, condominiums and other multi-unit
  residences?

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Secondhand smoke cannot be controlled by
ventilation or air cleaning On June 30, 2005,
the American Society of Heating, Refrigerating
Air-Conditioning Engineers (ASHRAE) issued their
latest position document on secondhand smoke.
It states At present, the only means of
effectively eliminating health risk associated
with indoor exposure is to ban smoking
activity. www.ashrae.org
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• It is a Group A carcinogen -- a substance known
  to cause cancer in humans for which there is no
  safe level of exposure.

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• It is a Toxic Air Contaminant, putting secondhand
  smoke in the same category as the most toxic
  automotive and industrial air pollutants.

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• There is no risk-free level of exposure to
  secondhand smoke. Breathing even a little
  secondhand smoke can be harmful.
• The only way to fully protect yourself and your
  loved ones from the dangers of secondhand smoke
  is through 100 smoke-free environments.

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• Healthy Androscoggin in Auburn, Maine surveyed
  850 tenants 76 would choose to live in a
  smoke-free apartment complex
• Twin Cites (MN) random sample survey -- 55 of
  renters said they had moved or would move from an
  apartment because of secondhand smoke seepage
• ALA-California in 2004 surveyed 602 apartment
  residents 69 favored requiring all apt
  buildings to offer non-smoking sections
• For opinion surveys www.tcsg.org/sfelp/public.htm
  

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• Most tobacco control programs now receive more
  complaints from people about secondhand smoke
  seepage in
• apartments than any other complaint
• Tenants beginning to realize they dont have
  to accept this problem
• Tenants aware of dangers of secondhand smoke

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• 1) They dont think its legal to do so
• 2) Economic concerns that cut two ways a) fear
• that they wont be able to rent units but b)
  know
• that units with smokers cost much more to rehab.
• 3) Not sure how to transition buildings with
• smokers to smoke-free status.
• 4) Questions about enforcement of SF policies.
• 5) Inertia housing industry is lagging behind
  the
• market and the desires of tenants for SF housing.

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Two major approaches Voluntary adoption by
private landlords and/or public housing
authorities Legislative enactments on local
or state levels
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Voluntary approaches being used in most states
and localities, including MI, ME, MN, UT, OR,
WA, MD, OH, NY, NYC, CA, NJ, WV, WA, HI, ID, MA,
Canadian Provinces, etc.
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MISmokeFreeApartment initiative begun in Michigan
in 2004 because Other remedies, including
legal, werent getting the results we hoped
for. We thought landlords would adopt
smoke-free policies if they were sure it was
legal. We didnt think a legislative approach
would succeed at this time.
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• MISmokeFreeApartment web site info materials
• Assistance from SFELP local partners
• Press releases and media initiatives
• Postcard mailings to landlords
• Surveys of smoke-free apartment availability
• Listing of smoke-free apartments on web site
• Radio ads
• Billboards

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• Many tens of thousands of units of SF market-rate
  apartments and condos in Michigan
• Plus, well over 6,000 units of SF affordable
  multi-unit housing in Michigan
• 23 public housing commissions in MI have adopted
  SF policies (all in 27 months)
• Most newspapers now allow smoke-free ads
• Some online apt listing services now have
  smoke-free as an amenity item

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Legislative Approaches Tried or Proposed
Utah law enacted in 1997 right to have
smoke-free apts condos SHS is nuisance
other civil remedies Local and state laws in
many states provide for smoke-free common areas
in multi-unit dwellings A few California
cities beginning to adopt ordinances to regulate
smoking in multi-unit residences
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Makes drifting smoke a nuisance anywhere in
city No smoking in common areas of multi-unit
housing Smoke-free buffer zones around
non-smoking units Non-smoking units required
in multi-unit residences Requires no smoking
provision in lease Requires landlord to
disclose location of smoking non-smoking units
to new tenants States who is responsible for
enforcement of law Allows tenant or landlord
to enforce law by lawsuit Prepared by the
Technical Assistance Legal Center (TALC),
Oakland, CA
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Thousand Oaks 2004 law requires 1/3 of all
future city-aided affordable housing to be
smoke-free Belmont No smoking in 100 of apts
condos that share common floors and/or
ceilings 14 mth phase in for current smokers SF
common areas designated outdoor smoking areas
requires SF lease terms. Oakland Disclosure of
whether smoking allowed in apts/condos what
smoking policy is which apt units are smoking
SF common areas designated outdoor smoking area
(apts. and condos).
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USA Map
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World Map
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• www.mismokefreeapartment.org
• Smoke-Free Environments Law Project
  www.tcsg.org/sfelp/home.htm
• Smoke-Free Environments Law Project
• The Center for Social Gerontology, Inc.
• 2307 Shelby Avenue
• Ann Arbor, Michigan 48103
• 734 665-1126
• jbergman_at_tcsg.org