The Case for Smoke-Free Public HousingAugust 16, 2012

National Conference on Tobacco or Health

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.

An initiative of the Breathe Easy Coalition of Maine, funded by the Partnership For A Tobacco-Free Maine,

Maine CDC/DHHS.

Who we are

Who 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

Breathe Easy, You’re in Maine

What We Know about MUH and SHS

There is no risk-free level of exposure to secondhand smoke.

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.”

Smoking-related fires are the leading cause of residential fire deaths in the United States.

US Surgeon General, 2010; ASHRAE, 2008; USFA, 2010

Why Should Property Owners/Managers Adopt 100% Smoke-Free Policies?

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

Smoke-Free Policies Save Money

Studies have shown that unit turnover costs are 2-7 times more expensive when smoking was allowed in the unit.

Some insurance companies will award discounts on comprehensive fire casualty plans for being 100% smoke-free.

• Smoking is a personal choice and an addiction.

• There is no law that protects an individual’s ability to smoke.

• Smoking is not a legally protected activity.

• Nothing prevents a landlord or employer from prohibiting smoking on property.

But is Smoke-Free Housing Legal?

• Tenants negatively impacted by secondhand smoke actually have the right to seek legal action against tenants or landlords who do not make adequate provisions to protect them from secondhand smoke.

• Under American Disabilities Act and Fair Housing Act.

In fact…

• Persons cannot be discriminated against in workplaces, public places or in housing due to disability; severe breathing problems constitutes a disability.

• Facilities are required to provide reasonable accommodations to persons with severe breathing disabilities, including possibly making the facility totally smoke-free.

In fact…

Growing Support for SFH

Growing Support for SFH: HUD

Who is going SF?

• Public and Tribal 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

Smoke-Free Housing: A Changing Norm

Where were we in 2000?Virtually no smoke-free apartments could be found in

in the U.S. in market-rate or affordable housing

Most apartment owners & many HUD officials thought it was illegal to have a smoke-free policy

Many newspapers thought it was illegal to allow ads saying “no smoking” or “SF”

Most tenants didn’t realize they had some rights to smoke-free housing

Smoke-Free Housing: A Changing Norm

Where are we now? Hundreds of thousands of units of market-rate and

subsidized housing are smoke-free all across the U.S. Includes large, multi-state companies, moderate sized

companies, small companies, and single-family home rentals.

Public Housing Authorities Are Going Smoke-Free 2000: 3 PHAs nationally 2005: 32 PHAs nationally Today: 300+ PHAs smoke-free

nationally in 27+ states

SF Public Housing in Maine

2004 2005 2006 2007 2008 2009 2010 2011 2012

12

7

11

14

18 1819

20

2012: 100% of Maine PHAs are smoke-free

Why the Focus on Public Housing?

What is Public Housing? Publically-owned safe, quality, affordable housing for eligible low-

income people, such as families, elderly, disabled and handicappedWho Lives in Public Housing?

Residents are often low-income, people of color, recent immigrants, chemically dependent, and/or mentally ill

The percentage of nonsmokers exposed to secondhand smoke continues to decrease BUT low-income persons are exposed at much higher rates:1999-2000 2007-08Below poverty level: 71.6% 60.5%

At/above poverty level: 48.8% 36.9% (CDC MMWR, September 2010)

Creating smoke-free public housing authorities is a great way to reduce this involuntary exposure to secondhand smoke!

Tips for Connecting with PHAs

Find your state, local and regional PHAs: http://portal.hud.gov/hudportal/HUD?src=/program_offices/public_indian_housing/pha/contacts

Connect with State Housing Authority – attend partner meetings, exhibit & present at conferences.

Build Allies in the subsidized housing industry – turn those who are already smoke-free into your champions.

Direct mail and earned media can be useful tools in gaining acceptance for SFH in your community.

SFH Policy Implementation Steps

1. Make a plan. Start by creating a plan to make the entire residence smoke-free. Gather support/survey tenants. Do not grandfather tenants.

2. Hold a Meeting. Explain benefits that a smoke-free building will bring them (safety and health). 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. Properly prepare everyone – keep it positive.

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.

For More Information

Smoke-Free Housing Coalition of Maine www.smokefreeforme.org info@smokefreeforme.org (207)874-8774

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

View past presentations: www.slideshare.net/breatheeasy