Regulating Smoking in Multi-Unit Housing in North Carolina Anna Stein, JD Tobacco Prevention and Control Branch NC Division of Public Health April 26,

Regulating Smoking in Multi-Unit Regulating Smoking in Multi-Unit Housing in North CarolinaHousing in North Carolina

Anna Stein, JDAnna Stein, JD

Tobacco Prevention and Control Tobacco Prevention and Control BranchBranch

NC Division of Public HealthNC Division of Public Health

April 26, 2012April 26, 2012

Secondhand Smoke and Multi-Unit Secondhand Smoke and Multi-Unit HousingHousing

People in US spend an average of 69% of their time in their homes

Secondhand smoke (SHS) travels from unit to unit

No-smoking policies only way to eliminate SHS exposure

Disproportionate impact of SHS in multi-unit housing on low-income citizens

Hewett, Sandell, Anderson & Niebuhr, 2006; King et al., 2009; Pizacani et al., 2012

Smoke-free Housing Policies are Smoke-free Housing Policies are Good for Public HealthGood for Public Health

Decreased SHS exposure for non-Decreased SHS exposure for non-smokerssmokers

Decreased cigarette consumption Decreased cigarette consumption among smokersamong smokers

Increased quit ratesIncreased quit rates2.6%→13.7% 2.6%→13.7%

Cheng, Glantz & Lightwood, 2011; Pizacani et al., 2012

Smoke-Free Policies are Good for Smoke-Free Policies are Good for BusinessBusiness

Reduced turnover costsReduced turnover costs

Reduced fire riskReduced fire risk

Strong tenant demandStrong tenant demand

Hennrikus et al., 2003; Hewett et al., 2007; US Fire Administration, 2010; Hennrikus et al., 2003; Hewett et al., 2007; US Fire Administration, 2010; Winickoff et al., 2010; Ong, 2011Winickoff et al., 2010; Ong, 2011

Smoke-Free Policies are LegalSmoke-Free Policies are Legal

Market-rate housingMarket-rate housing

Affordable housing (e.g. Section 8)Affordable housing (e.g. Section 8)2010 HUD notice recommending smoke-free policies2010 HUD notice recommending smoke-free policies

Public housingPublic housing2009 HUD notice recommending smoke-free policies2009 HUD notice recommending smoke-free policies

www.publichealthlawcenter.org/topics/tobacco-control/smoking-regulation/housing

Restricting Smoking in Public HousingRestricting Smoking in Public Housing

NCGS § 130A-498(b1): A local ordinance NCGS § 130A-498(b1): A local ordinance or other rules, laws, or policies adopted or other rules, laws, or policies adopted under this section may not restrict or under this section may not restrict or prohibit smoking in the following places:prohibit smoking in the following places:

(1) A private residence.(1) A private residence.

NCGS § 157-9(a)NCGS § 157-9(a)

““No provisions with respect to theNo provisions with respect to the

acquisition, operation or disposition ofacquisition, operation or disposition of

property by other public bodies shall beproperty by other public bodies shall be

applicable to [a public housing] authorityapplicable to [a public housing] authority

unless the legislature shall specifically sounless the legislature shall specifically so

state.”state.”

Legal Claims Against Landlords for Legal Claims Against Landlords for Secondhand SmokeSecondhand Smoke

Breach of the warranty of habitabilityBreach of the warranty of habitability

Breach of the covenant of quiet enjoymentBreach of the covenant of quiet enjoyment

Constructive evictionConstructive eviction

Technical Assistance Legal Center, 2007Technical Assistance Legal Center, 2007

Tobacco Prevention and Control Tobacco Prevention and Control BranchBranch

and Smoke-Free Housing and Smoke-Free Housing

Outreach to housing industryOutreach to housing industry

Online toolkit opening soonOnline toolkit opening soon

Community Transformation Grant (CTG) Community Transformation Grant (CTG)

Community Transformation GrantCommunity Transformation Grant

Strategic Direction 1: Tobacco free livingStrategic Direction 1: Tobacco free living

1.1. Increase smoke-free regulations of local government Increase smoke-free regulations of local government buildings and of indoor public placesbuildings and of indoor public places

2.2. Increase tobacco-free regulations for government Increase tobacco-free regulations for government grounds, including parks and recreational areas.grounds, including parks and recreational areas.

3.3. Increase smoke-free housing policies in affordable Increase smoke-free housing policies in affordable multi-unit housing and other private sector market-multi-unit housing and other private sector market-based housing.based housing.

4.4. Increase the number of 100% tobacco-free policies on Increase the number of 100% tobacco-free policies on community college campuses and state and private community college campuses and state and private university/college campuses.university/college campuses.

Further Information or Assistance from the Further Information or Assistance from the Tobacco Prevention and Control BranchTobacco Prevention and Control Branch

Sally Herndon, MPHSally Herndon, MPHBranch HeadBranch Head(919) 707-5401(919) [email protected]

Anna Stein, JD Anna Stein, JD (919) 707-5406 (919) 707-5406 [email protected]

Jim D. Martin, MSJim D. Martin, MS Director of Policy Director of Policy (919) 707-5404(919) 707-5404 [email protected]