Regulating Smoking in Multi-Unit Housing in North Carolina

Anna Stein, JD Tobacco Prevention and Control Branch NC Division of Public Health April 26, 2012

Secondhand Smoke and Multi-Unit Housing

 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 Good for Public Health

 Decreased SHS exposure for non smokers  Decreased cigarette consumption among smokers  Increased quit rates 2.6%→13.7% Cheng, Glantz & Lightwood, 2011; Pizacani et al., 2012

Smoke-Free Policies are Good for Business

 Reduced turnover costs  Reduced fire risk  Strong tenant demand Hennrikus et al., 2003; Hewett et al., 2007; US Fire Administration, 2010; Winickoff et al., 2010; Ong, 2011

Smoke-Free Policies are Legal

 Market-rate housing  Affordable housing (e.g. Section 8) 2010 HUD notice recommending smoke-free policies  Public housing 2009 HUD notice recommending smoke-free policies www.publichealthlawcenter.org/topics/tobacco-control/smoking regulation/housing

Restricting Smoking in Public Housing NCGS § 130A-498(b1): A local ordinance or other rules, laws, or policies adopted under this section may not restrict or prohibit smoking in the following places: (1) A private residence.

NCGS § 157-9(a) “No provisions with respect to the acquisition, operation or disposition of property by other public bodies shall be applicable to [a public housing] authority unless the legislature shall specifically so state.”

Legal Claims Against Landlords for Secondhand Smoke  Breach of the warranty of habitability  Breach of the covenant of quiet enjoyment  Constructive eviction Technical Assistance Legal Center, 2007

Tobacco Prevention and Control Branch and Smoke-Free Housing

 Outreach to housing industry  Online toolkit opening soon  Community Transformation Grant (CTG)

Community Transformation Grant Strategic Direction 1: Tobacco free living 1.

Increase smoke-free regulations of local government buildings and of indoor public places 2.

3.

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

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

4.

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

Further Information or Assistance from the Tobacco Prevention and Control Branch

Sally Herndon, MPH Branch Head (919) 707-5401 [email protected]

Anna Stein, JD (919) 707-5406 [email protected] Jim D. Martin, MS Director of Policy (919) 707-5404 [email protected]