8-31-11: Advocating for Smoke-Free Housing Policies Webinar

Promoting and Implementing Smoke-Free Multi-Unit Housing Policies

Who We Are:

The Smoke-Free Housing Coalition of Maine is a non-profit organization comprised of more than 50 public health advocates, tenants, landlords, property managers, environmental health professionals, legal professionals and many others supporting and advocating for voluntary smoke-free housing policies.

The Smoke-Free Housing Coalition is a program of the Breathe Easy Coalition of Maine

Who We Are:

MissionTo protect residents in multi-unit housing from

involuntary exposure to secondhand smoke.

VisionA State where all citizens can live free from

exposure to secondhand smoke.

Breathe Easy, You’re In Maine

Maine Laws reducing secondhand smoke exposure:

• Smoke-Free Workplaces

• Smoke-Free Bars and Restaurants

• Smoke-Free Outdoor Dining

• Smoke-Free State Parks and Beaches

• No smoking in cars when kids under 16 present

• Landlord secondhand smoke disclosure law

Presentation Outline

1. Background/Overview2. Why smoke-free housing is important3. Growing support for smoke-free housing4. Policy implementation steps5. Tools and Tips for Policy Implementation6. How the SFH Coalition Can Help

Why Should Landlords go SF?

• Smoke-Free Housing Policies Save Landlords Money!

• Majority of Tenants Want Smoke-Free Housing

Disclaimers

• Smoke-Free Housing Isn’t• About targeting smokers or making people quit

• About evicting smokers

• Smoke-Free Housing Is• About the smoke, not the smoker

• Providing healthy indoor air for all residents of multi-unit housing

• Protecting the integrity of multi-unit buildings

Why Should Property Owners Adopt a 100% Smoke-Free Housing Policy?

• Fire Danger• Property Damage• Turnover savings• Insurance savings• Happier & healthier tenants• Liability

Secondhand Smoke is Deadly

Why is there so much fuss about secondhand smoke?

Secondhand smoke is the combination of smoke from the burning end of a cigarette and the smoke breathed out by a

smoker.

Secondhand Smoke is Deadly

• Secondhand smoke is a Group A Carcinogen – a substance known to cause cancer in humans and to which there is no safe level of exposure.

• Secondhand smoke contains more than 7,000 chemical compounds – at least 69 of which cause cancer.

• The chemicals in tobacco smoke reach your lungs quickly when you inhale; the blood carries these toxins to every organ in your body.

US Surgeon General Report, 2006, 2010

• No ventilation system is effective in removing all of the SHS toxins – between 10 – 65% of air is exchanged between units.

• The American Society of Heating, Refrigerating & Air-Conditioning Engineers (ASHRAE) says that “the only means of effectively eliminating health risks associated with indoor exposure is to ban smoking activity”.

Center for Energy & Environment, 2004; ASHRAE SHS Position Paper, June 2005

Secondhand Smoke is Deadly

As deadly as vehicle exhaust, arsenic, lead, asbestos,

and a host of other toxins

Secondhand Smoke is Deadly

Secondhand Smoke is Deadly

• Over 38,000 deaths annually in the United States are the result of secondhand smoke related diseases.

• Infants, children, and the elderly are extremely vulnerable to the negative effects of secondhand smoke.

• Secondhand smoke causes and worsens respiratory tract infections, such as pneumonia and bronchitis.

• Secondhand smoke causes sudden infant death syndrome (SIDS) and middle ear infections in children.

US Surgeon General Report, 2006, 2010

Secondhand Smoke is Deadly

• Secondhand smoke is of particular concern to elderly and disabled persons, especially those with heart or respiratory disease or disorders, such as emphysema, asthma, COPD, cardiovascular disease or allergies.

• Children exposed to secondhand smoke in the home are 44% more likely to suffer from asthma.

• Secondhand smoke is a major health threat to all persons with asthma and can sometimes be fatal.

US Surgeon General Report, 2006, 2010

Thirdhand Smoke is also dangerous

• Thirdhand smoke is residual tobacco smoke contamination that remains after the cigarette is extinguished.

•Thirdhand smoke lingers on carpets, sofas, clothes and other materials after a cigarette has been put out.

• Children are uniquely susceptible to thirdhand smokeexposure.

Journal of Pediatrics, 2009

• Maine’s Medical Marijuana Act doesn’t affect smoke-free policies: “A landlord may prohibit the smoking of marijuana for medical purposes on the premises of the landlord if the landlord prohibits all smoking on the premises and posts notice to that effect on the premises.”

• Housing that receives federal funding (such as public housing authorities) fall under federal laws and use of marijuana, including for medicinal purposes, is prohibited.

New Landlord Disclosure Law

As of September 28, 2011, landlords will be required to notify tenants—in writing—of the smoking policy on the property being rented.

The disclosure can be included in the rental agreement or a separate written document.It must identify whether smoking is:

•Prohibited on the property•Allowed on the entire property•Permitted in designated or limited areas of the property

Besides SHS, why go smoke-free?

Smoking indoors causes property damage

• Costs the landlord/Property manager more money

• Poses a significant fire hazard

• Can cause cigarette burns damage to carpets, counters, etc

• Leaves smoke residue on walls and curtains

Cigarette Burns—Carpets

Cigarette Burns—Furniture

Cigarette Residue—Walls

The Financial Burden

The Finanial Burden

Surveys done show that 7 out of every 10 Maine tenants prefer a smoke-free environment

AND

43% will pay MORE for smoke-free buildings

Smoke-free living is becoming the norm,not the exception.

Tenants want Smoke-Free Housing

Smoke-Free Housing Coalition of Maine, 2011

Who is going smoke-free?

•Public Housing Authorities

•Private Developments (both subsidized and market-rate)

•“Mom and Pop” landlords

•Condominium Associations

•Group Homes and Transitional Housing Developments

•Behavioral Health Facilities

•Nursing and Assisted Living Facilities

Breathe Easy, You’re In MaineWho has adopted a voluntary policies:

• 100% Public Housing Authorities

• 2 of 5 Tribal Housing Authorities

• 48% of Private Landlords/Property Managers

Also:

• Secondhand smoke landlord disclosure law

• 1-pt incentive given for policy in Maine’s Low-Income Housing Tax Credit Program Application

• SF designation given on MaineHousing’s MUH Registry

SFH Becoming the Norm in Maine

http://www.tcsg.org/sfelp/SFHousingAuhorities.pdf

36.20%

40.50%44.50% 45.50%

48%

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

2007 2008 2009 2010 2011

Percentage of Private Maine Landlords with Smoke-Free Policies

SFH Becoming the Norm in Maine

http://www.tcsg.org/sfelp/SFHousingAuhorities.pdf

12

7

11

14

18 1819

20

2004 2005 2006 2007 2008 2009 2010 2011 2012

Number of Public Housing Authorities in Maine with Smoke-Free Policies

30 July 2011

30

Smoke-Free Building Preference

Yes50%

No43%

Don't know7%

Is the rental unit you currently occupy in a building that is 100% smoke-free?

Yes50%

No38%

Don't know12%

Would you prefer to live in a 100% smoke-free building? *

* Asked of tenants who said they do not currently live in a smoke-free building (n=149).

But…

Isn’t smoking a “right”?

• Smoking is a personal choice and an addiction.

• Smoking is not a legally protected activity.

It is legal for a landlord to make their building and/or property 100%

smoke-free

SFH Getting National Support

• Smoke-Free Housing Initiatives are supported and endorsed by key agencies, including the CDC, EPA and HUD.• HUD Memos related to SFH:

SFH is important for Healthy Housing

Policy Implementation: Do it Right the First Time1. Make a plan. Start by creating a plan to make the entire residence smoke-free. Do not grandfather tenants.

2. Hold a Meeting. Gather with tenants to discuss the change. There may be resistance, but remember, non-smoking tenants have rights under their leases, too.

3. Inform Tenants. Review the legal information concerning your rights and your tenants' rights- be clear with them about the timeline & policy.

4. Amend New Leases. Change the language of your lease to include your new smoke-free policy. When new tenants sign on, your policy will be crystal clear.

5. Promote Your Status. Begin advertising your smoke-free status to gain new tenants who appreciate a clean air environment.

How do landlords communicate policy change to their tenants?

• Meetings• Scheduling group meetings, especially at large developments, is an efficient way to notify all your residence of policy change.

• Letters• Notification should always be in writing so that both you and the tenant of record of communication about the policy.

• Signage• Tenants, and especially their guests, will need to be reminded that there is no smoking in your building. Post no-smoking signs around so everyone is aware.

Successful Enforcement

• Provide adequate signage to remind both tenants and guests of the policy. COMMUNICATION IS KEY!

• Offer tenants information or access to cessation/treatment programs available.

• For properties with high smoking rates, and land, create outdoor designated smoking areas.

• Enforce the policy as you would any other policy.• Pre-policy anxiety is much worse than reality.• Tenants want this. They will be the enforcers.• If non-smoking is included as a lease provision, you may evict based on

a violation of the clause.

SFH Resources

How can the Smoke-Free Housing Coalition help me address this in my community?

• Materials• Technical Assistance

• Data• Presentations

SFH Resources

Printed materials, such as fact sheets, landlord guides and sample lease language.

SFH Resources

Policy reminder materials, such as window decals, magnets and signage are available for free for landlords with a smoke-free policy.

Smoke-Free Homes Pledge Program

Encourage families in your community to make their homes smoke-free with the pledge program.

Other ways we can help

• Provide technical assistance and presentations to HMPs and landlords/property manages interested in smoke-free housing.

• Provide HMPs with data about smoke-free housing in their community (available by town):

• SFH Pledge Totals • SF Listing Totals for MaineHousingSearch

And always remember…

It’s about the smoke, not the smoker.

Contact Us

Smoke-Free Housing Coalition of Maine(207)[email protected]

Presentations available at: www.slideshare.net/breatheeasy

Like us on Facebook: www.facebook.com/smokefreeforme