Transcript Slide 1

Smoke-Free Housing Consultants
Smoke-Free
Apartments
A breath of fresh air The amenity that saves lives!
Please mute cell phones. Thank you.
Smoke-Free Housing Consultants
Where is smoking restricted around the world now?
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Smoke-Free Housing Consultants
Where we find organizations working on smoke-free multi- family housing:
Alaska
Michigan
Oregon
Australia
Arizona
Minnesota
Pennsylvania
Bahrain
California
Missouri
Rhode Island
Canada
Colorado
Montana
Texas
England
Hawaii
Nebraska
Utah
Kenya
Illinois
New Hampshire Virginia
Nigeria
Indiana
New Jersey
Washington State
Romania
Iowa
New York
Washington, D.C.
Scotland
Maine
North Carolina
West Virginia
Slovakia
Maryland
Ohio
Wisconsin
Taiwan
Massachusetts
Oklahoma
(32)
(11)
Smoke-Free Housing Consultants
When residents complain…
Not a moral statement
Not a political statement
A health and safety statement
Smoke-Free Housing Consultants
There is no constitutional
right to smoke.
“The right to smoke or not to
smoke is not a right that is
protected under the Civil
Rights Act of 1964 because
smokers are not a
protected class under
federal law.”
HUD Legal Counsel Letter, July, 2003
Smoke-Free Housing Consultants
It is perfectly legal to ban smoking on your
PRIVATE PROPERTY
Outside on…
Balconies
Patios
Courtyards
Parking lots
Playgrounds
Swimming pools
Inside all units
Smoke-Free Housing Consultants
Do you have a pet policy?
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Anne Scherrieb, spokeswoman for HUD in Chicago
“Smoking restrictions may be
established if residents are
given 30 days written notice.
Rules do not need to be
approved by HUD.”
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Smoking rates as of 2006
U.S. overall….………………….…… 20.5%
South Carolina ……………………… 22.3%
North Carolina ……………………… 22.1%
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Who is affected by the drifting smoke?
20.5 million Americans with asthma
4 million children under 18
24.7 million Americans with heart disease
1.37 million Americans with cancer
Lupus
Polio
Cystic fibrosis
Pneumonia
COPD
Emphysema
Smoke-Free Housing Consultants
What causes the health problems?
CHEMICALS
Ammonia
Arsenic
Benzene
Carbon Monoxide
DDT
Formaldehyde
Hydrogen cyanide
Lead
Nickel
Chromium VI
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Acetone
Irritation of the
eye, nose, and throat;
headaches;
dizziness;
nausea;
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Hexamine
Skin and eye irritation
Nausea, vomiting, diarrhea and abdominal pain
Asthma-like allergy
Asthma attacks with
shortness of breath,
wheezing,
cough,
and/or chest tightness
Smoke-Free Housing Consultants
NO risk-free level of secondhand
smoke exposure,
…even brief exposure adversely
affects the cardiovascular and
respiratory system.
U.S. Department of Health and Human Services, the Health
Consequences of Involuntary Exposure to Tobacco Smoke:
A Report of the Surgeon General (2006)
Smoke-Free Housing Consultants
June 30, 2005, ASHRAE
American Society of Heating, Refrigeration
and Air- Conditioning Engineers, Inc.,
their latest position on secondhand smoke...
“At present, the only means of effectively
eliminating health risks associated with indoor
exposure is to ban smoking activity.”
Smoke-Free Housing Consultants
From the President of ASHRAE, Lee W. Burgett
“In response to your letter of February 7, 2006, I
have consulted with some of the authors of
ASHRAE’s “Position Document on
Environmental Tobacco Smoke.” You are
correct in noting that in apartments and condos
smoke can travel from one space to another
and that separate HVAC systems may not
eliminate such smoke transport.
“Typical practice in many buildings doesn’t
meet the tightness criterion.”
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The Board of Directors for ASHRAE June, 2005
“…no ventilation or air filtration technologies
… can completely eliminate the health risks
caused by secondhand smoke exposure, …”
“…encourages elimination of smoking in the
indoor environment as the optimal way to
minimize ETS exposure.”
Smoke-Free Housing Consultants
More people die in smoking-material fires
than in any other type of fire in the U.S.
EVERY YEAR it kills…
1,000 people
Only 1 out of every 4 are the smoker
34% are children of the smokers
25% were neighbors of the smokers
Many were firefighters
Smoke-Free Housing Consultants
2002 – 2005 Average Apartments Only
Lighted tobacco products caused an estimated…
6,800 fires
190 civilian deaths
520 civilian injuries
$151 million-property damage
National Fire Protection Agency - 2007
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Do you have ill or elderly
smokers on oxygen?
“Smoking should
not be allowed in
a home where
oxygen is used.”
NFPA
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You owe a duty to provide safe
apartment homes free from health
hazards…
GO THROUGH YOUR LEASES
RULES: Health & Safety
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PROHIBITED CONDUCT. You and
your occupants or guests may not
engage in the following activities: …
disturbing or threatening the rights,
comfort, health, safety, or
convenience of others…bringing
hazardous materials into the
apartment community;
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Right to change the rules!
Rules:
The Tenant agrees to obey the House Rules which
may be attached to this Agreement. The Tenant
agrees to obey additional rules established after the
effective date of this Agreement if:
a. the rules are reasonably related to the safety,
care and cleanliness of the building and the safety,
comfort and convenience of neighbors; and
b. the Tenant receives written notice of the
proposed rule at least 30 days (or less if a
major violation) before the rule is enforced.
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Residents can sue…
Breach of warranty of habitability and/or breach of quiet enjoyment
Trespass (unwanted smoke)
Violations of Housing Health Codes
Constructive eviction
Negligence
Harassment
Battery
Intentional infliction of emotional stress
Nuisance law violation
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Employees can sue…
Potential workers’ comp claims
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LAWS
Cities with smoke-free housing laws…
Belmont, CA
Calabasas, CA
Lovato, CA
Oakland, CA
Oxnard, CA
Temecula, CA
Smoke-Free Housing Consultants
GRANDFATHERING SMOKERS
Best to move newest resident to either
smoking or non-smoking building.
Only when no one has complained of an illness
Smoke-Free Housing Consultants
HASSLES?
Dealing with complaints and losing good residents
Potential fire damage and displaced residents,
loss of life and property
Lawsuits
Vs. Setting up policies
Vs. Enforcement
Smoke-Free Housing Consultants
Cost to renovate
non-smoking apartment
Labor 12 hours x $35/hr
Cost to MINIMALLY renovate a
smoked-in apartment
= $420
Paint 3 gallons
60
Carpet Shampoo
50
Total =
$530
Labor 30 hours x $35
Primer
Paint 4 gallons
Ceiling Paint 3 gallons
Carpet Shampoo
Replace rug burns
Replace laminates
Total
Kennedy Restoration in Oregon
$1,050
100
80
60
50
$ 600
800
$2,740
$15,000
Smoke-Free Housing Consultants
COST OF TURNOVER
Advertising
Personnel
Paper work
Cleaning & Painting
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Additional Positive Points
Lower insurance rates can be requested
Tax credits can be lobbied
Increased profits when time to sell a property
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KEYS TO SUCCESS
Meetings in advance
Include cessation classes
Good signage
Enforcement
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What’s in your packet?
Legal Opinion
Applicable Laws & Policies regarding Fair Housing
Surgeon General’s Report – 2006
Kennedy Restoration – Restoring a Smoked-Damaged Apartment
Articles
How To Pages
Tenant Survey
Steps for transitioning
Smoking Policy
Addendum to Lease