1. Hawai‘i Smoke-Free Homes Initiative

2. Hawai‘i Smoke-Free Homes Initiative
Objectives:
Present risks of secondhand smoke and tobacco use.
Showcase benefits and legality of smoke-free policies.
Introduce resources for creating 100% smoke-free homes.
Highlight examples of smoke-free living in Hawai‘i.
Identify local, state and national resources.

3. Questions to be answered
Why create a smoke-free apartment or condominium?
Is it legal? Can we stop people from smoking in their own homes?
What are benefits of smoke-free apartments or condominiums?
Are there examples of smoke-free homes in Hawai‘i?
What do we need/do if we want our building to be smoke-free?
What local, state and national resources exist?

4. Uses for this presentation
To help owners and tenants of multi-unit dwellings to create tobacco-free policies.
To increase awareness of negative health effects of secondhand smoke exposure in the home.
To inform parents of risks to their children because of secondhand smoke exposure.
To gain community support for the Hawai‘i Smoke-Free Homes Initiative.

5. Who can benefit from presentation?
Owners of condominiums, apartments & town homes
Tenants of condominiums, apartments & town homes
Boards & owners associations
Resident & property managers
Real estate agents & attorneys
Tobacco-free and community advocates
Chronic disease and other public health educators & professionals
Community outreach professionals
Social workers

6. Why create a smoke-free home?
Secondhand smoke can kill & can make illnesses worse.
More people in Hawai‘i DO NOT smoke, than do!
Health risks are the same in the home as anywhere else.
Secondhand smoke cannot be controlled (smoke drift).
May save owners money on insurance and cleaning costs.
100% ‘no-smoking’ policy on your property is ABSOLUTELY legal.

7. More reasons for smoke-free homes
The home is primary source of secondhand smoke exposure for children and, along with the workplace, a major source of exposure for nonsmoking adults.
U.S. Department of Health and Human Services. State-specific prevalence of smoke-free home rules. Mortality & Morbidity Weekly Report, 56(20). Atlanta, GA: US DHHS, CDC; 2006.

8. More reasons for smoke-free homes
Millions of children & nonsmoking adults remain at risk for secondhand smoke exposure. Continued increases in the number of smoke-free workplaces, smoke-free public places, and smoke-free homes are needed to protect nonsmokers from this widespread and preventable health hazard.
U.S. Department of Health and Human Services. State-specific prevalence of smoke-free home rules. Mortality & Morbidity Weekly Report, 56(20). Atlanta, GA: US DHHS, CDC; 2006.

9. More reasons for smoke-free homes
Secondhand smoke causes premature death and disease in children and nonsmoking adults.
U.S. Department of Health and Human Services. State-specific prevalence of smoke-free home rules. Mortality & Morbidity Weekly Report, 56(20). Atlanta, GA: US DHHS, CDC; 2006.

10. More reasons for smoke-free homes
Making homes completely smoke-free substantially reduces secondhand smoke exposure among nonsmoking residents. Evidence also suggests that smoke-free home rules help smokers quit and reduce smoking initiation among youth.
U.S. Department of Health and Human Services. State-specific prevalence of smoke-free home rules. Mortality & Morbidity Weekly Report, 56(20). Atlanta, GA: US DHHS, CDC; 2006.

11. Secondhand smoke effects
Secondhand smoke is a Group A carcinogen — a substance known to cause cancer in humans for which there is no safe level of exposure.
Secondhand smoke exposure causes heart disease and lung cancer in nonsmoking adults.
Secondhand smoke causes sudden infant death syndrome (SIDS), acute respiratory infections, ear problems, and more frequent and severe asthma attacks in children.
U.S. Department of Health and Human Services.  The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General.  Atlanta, GA: US DHHS, CDC, Office on Smoking and Health, 2006, available at

12. The US Surgeon General:
About the effects
The US Surgeon General:
Scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke. Breathing even a little secondhand smoke can be harmful to your health.
U.S. Department of Health and Human Services. The health consequences of involuntary exposure to tobacco smoke: a report of the Surgeon General. Atlanta, GA: US DHHS, CDC; 2006, available at “ ”

13. More about effects
The health dangers of secondhand smoke are NOT any different in residential settings than in workplaces;
Except, the health effects may be even more serious ...
Little or no ventilation
Continuous and concentrated exposure
Chemical & particulate matters are bound to fabrics, paint, & other items and continue to outgas poisonous fumes and materials.

14. What about ventilation?
Secondhand smoke cannot be controlled by ventilation or air cleaning.
Latest American Society of Heating, Refrigerating & Air-Conditioning Engineers (ASHRAE) on secondhand smoke (June ‘05):
At present, the only means of effectively eliminating health risk associated with indoor exposure is to ban smoking activity. “ ”

15. Only one effective approach
Only eliminating smoking in indoor spaces fully protects nonsmokers from secondhand smoke exposure. Other approaches, such as separating smokers from nonsmokers and ventilation, are not effective.
U.S. Department of Health and Human Services. State-specific prevalence of smoke-free home rules. Mortality & Morbidity Weekly Report, 56(20). Atlanta, GA: US DHHS, CDC; 2006.

16. Cost of smoking in apartments/condos
Smoking damages residential property
Poses fire hazard
Causes burn damage to carpets, counters, etc.
Leaves smoke residue on walls and curtains.

17. Cost of smoking in apartments/condos
"Smoke-free apartment communities not only promote a healthy resident population, but also a healthy bottom line for owners and investors."
-Dave Watkins, Chairman of the Board of the National Apartment Association

18. Restoring a smoke-damaged unit
(Estimated on 2-bedroom, 2-bath unit)
$15,000
Takes 4 days and 3 professional cleaning professionals.
Carpet, vinyl, and other porous flooring must be removed and replaced.
If tobacco has infiltrated sub-floors it must be sanitized and sealed.
Thermal Foggers & Ozone Machines must be used, hours
Appliances need to be sanitized or replaced.
Porous surfaces and appliances (cabinets, doors, etc) need to be sanitized and sealed or replaced.
Upholstery and furniture must be replaced.
National Estimate, Kennedy Restoration Certified Contractors

19. Issues of smoking in apartments/condos
Complaints from non-smoking tenants about smoke drifting into their units.
Legal action taken against landlords and/or boards who allow smoking in their buildings.

20. Is a 100% smoke-free policy legal?
YES!
There is no legal right to smoke.
Smokers are NOT a protected class of people under federal, Hawai‘i state or local laws.
Nothing stops landlords from prohibiting smoking on their property or in their units.
In fact, it IS A LEGAL RIGHT, to live free from the hazards of secondhand smoke exposure.

21. Legal costs
Tenants negatively impacted by secondhand smoke have right to seek legal action against landlords who do not make adequate provisions to protect them.
• Breach of warranty of habitability and/or breach of warranty of quiet enjoyment
• Nuisance law violation – just as in cases where dogs are barking too loudly, neighbors are too loud after hours, etc.
• Negligence, harassment, trespass, constructive eviction, intentional infliction of emotional distress, battery
• Violations of housing or health codes

22. What you can legally do
Apartment owners and condominiums are permitted by federal and state law to adopt total smoke-free policies.
The U.S. Department of Housing and Urban Development says it is legal.
Hawai‘i’s Attorney General has issued a letter that says it is legal.

23. Hawai‘i State Attorney General:“
…state and federal law allows a privately-owned apartment or a privately-owned condominium to adopt a smoke-free policy for the property, including individual units and lanai…
Shari Wong
Deputy Attorney General
State of Hawai‘i
Approved by:
Mark J. Bennett
Attorney General ”

24. HRS 514B-105(b) Associations may adopt rules and regulations that:
Prevent any use of a unit which violates the declarations or bylaws.
Regulate any behavior in or occupancy of a unit which violates the declaration or bylaws or unreasonably interferes with the use and enjoyment of other units or the common elements by other unit owners.

25. US Dept. of Housing & Urban Development in Hawai‘i
…regulating smoking in public housing units or in common areas is a local decision…according to the Fair Housing and Equal Opportunity Civil Rights analyst, smokers are not a protected class under the Fair Housing Act.
Gordon Y. Furutani
Field Office Director
Hawai‘i Field Office
U.S. Dept. of Housing and Urban Development “ ”

26. HUD house rules “
(decisions on) house rules for a property rests solely with the owner...House rules must be related to the safety, care, and cleanliness of the building or the safety and comfort of the tenants…
U.S. HUD Public Housing Handbook REV-1 ”

27. 16% Smoke-free in Hawai‘i
of Hawaii’s condominiums and apartments currently have a policy that completely bans smoking on their property.
Krupitsky, D., Kishaba, G. Smoke-Free Policies in Hawai‘i’s Apartments and Condominiums. [Unpublished] version: April 20, 2007

28. Current smoking policies in apartments
32% of apartments allow smoking both on lanai and in units.
4% don't allow smoking on lanai or in the unit.
9% allow smoking on lanai only.
19% allow smoking in the unit only.
Krupitsky, D., Kishaba, G. Smoke-Free Policies in Hawai‘i’s Apartments and Condominiums. [Unpublished] version: April 20, 2007

29. National trend
The proportion of US households with smoke-free home rules (voluntary household rules not allowing smoking in any part of the home at any time) increased from 43% in 1992–1993 to 72% in 2003.
This proportion increased significantly in every state over this period.
U.S. Department of Health and Human Services. State-specific prevalence of smoke-free home rules. Mortality & Morbidity Weekly Report, 56(20). Atlanta, GA: US DHHS, CDC; 2006.

30. Setting Precedents
Merrill v. Bosser – Landlord held liable for secondhand smoke intrusion. Based on trespass, common law nuisance, and breach of covenant (Broward County, Florida).
65 local housing authorities across the nation have adopted smoke-free policies in multi-unit dwellings, including Michigan, Maine, Minnesota, Nebraska, Washington, California, Wisconsin, Oregon, Florida, Idaho, Montana, Indiana, and New Jersey (Smoke-Free Environmental Laws Project).

31. What can we do?
To implement a smoke-free policy in a multi-unit dwelling:
Add smoke-free provisions to leases.
Add smoke-free policies in house rules and bylaws.
Post signs and send out notices that this policy is in effect.

32. What can we do?
To implement a smoke-free policy in a single family home:
Make family policies about NOT smoking in the home.
Let friends know that it is NOT okay to smoke in your home.

33. How do we start? To implement a smoke-free policy
in a multi-unit dwelling or home:
Inform
2. Assess
3. Create
4. Act
5. Enforce
6. Evaluate

34. 1. Inform Provide information on secondhand smoke effects.
Provide cost benefits and information on legal liabilities and rights.

35. 2. Assess
Do a simple assessment of your landlords/residents.

36. 3. Create
Create a smoke-free policy to insert into your by-laws and/or house rules.

37. 4. Act Let your tenants/owners review and comment on the new policy.
Add policy to your leases, house rules, and/or by-laws.
Let people know that the new policy is being added and will be enforced.

38. 5. Enforce
Post signs that clearly state that no-smoking is allowed in units or on lanai throughout the building.
Advertise policy implementation and enforcement plan in newsletters and through other industry media.
Create sanctions within your smoke-free policy to deal with violations of the policy.

39. 6. Evaluate
Assess your tenants/owners (after a period of time) to get a feel for how the new policy is working, and how it is positively or negatively affecting the property (e.g. number of smoking violations, number of complaints of smoke drift, etc).
Make changes to your policy and/or your enforcement efforts based on feedback from tenants/owners.

40. Need Help?
Go To:

41. What’s in the website toolkit?
Steps on how to create a smoke-free apartment or condominium building
Data and research on the negative health impact of tobacco and secondhand smoke exposure
Sample policies, by-laws, house rule language
Legal analyses
Financial analyses
Sample no-smoking signs
Highlight local apartments/condos who are smoke-free
Personal stories
Other helpful information

42. Community & government partners
Coalition for a Tobacco-Free Hawaii
Hawaii State Department of Health
Asthma Program
Cancer Program
Tobacco Prevention and Education Program
Hawaii Asthma Initiative

43. Mahalo! For more information, please contact:
The Coalition for a Tobacco-Free Hawai‘i
Hawai‘i Department of Health
Tobacco Prevention and Education Program
Hawai‘i State Asthma Control program