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Presentation on theme: "Smoke-Free Housing Consultants Please mute cell phones. Thank you."— Presentation transcript:

1 Smoke-Free Housing Consultants Please mute cell phones. Thank you.

2 Smoke-Free Housing Consultants Where is smoking restricted around the world now? <<<<<>>>>> <<<<<>>>>>> Bars>>>>>>> (13 / 4)

3 Smoke-Free Housing Consultants Where we find organizations working on smoke-free multi- family housing: Australia Bahrain Canada England Kenya Nigeria Romania Scotland Slovakia Taiwan (11) Alaska Arizona California Colorado Hawaii Illinois Indiana Iowa Maine Maryland Massachusetts Michigan Minnesota Missouri Montana Nebraska New Hampshire New Jersey New York North Carolina Ohio Oklahoma Oregon Pennsylvania Rhode Island Texas Utah Virginia Washington State Washington, D.C. West Virginia Wisconsin (32)

4 Smoke-Free Housing Consultants When residents complain… Not a moral statement Not a political statement A health and safety statement

5 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

6 It is perfectly legal to ban smoking on your PRIVATE PROPERTY Inside all units Parking lots Playgrounds Swimming pools Outside on… Balconies Patios Courtyards

7 Smoke-Free Housing Consultants Do you have a pet policy?

8 Smoke-Free Housing Consultants 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.

9 Smoke-Free Housing Consultants Smoking rates as of 2006 North Carolina ……………………… 22.1% South Carolina ……………………… 22.3% U.S. overall….………………….…… 20.5%

10 Smoke-Free Housing Consultants 24.7 million Americans with heart disease 1.37 million Americans with cancer 20.5 million Americans with asthma 4 million children under 18 Lupus Polio Cystic fibrosis Who is affected by the drifting smoke? Pneumonia COPD Emphysema

11 Smoke-Free Housing Consultants Ammonia Arsenic Benzene Carbon Monoxide DDT Formaldehyde Hydrogen cyanide Lead Nickel Chromium VI What causes the health problems? CHEMICALS

12 Smoke-Free Housing Consultants Acetone Irritation of the eye, nose, and throat; headaches; dizziness; nausea;

13 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

14 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)

15 At present, the only means of effectively eliminating health risks associated with indoor exposure is to ban smoking activity. June 30, 2005, ASHRAE American Society of Heating, Refrigeration and Air- Conditioning Engineers, Inc., Smoke-Free Housing Consultants their latest position on secondhand smoke...

16 Smoke-Free Housing Consultants In response to your letter of February 7, 2006, I have consulted with some of the authors of ASHRAEs 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 doesnt meet the tightness criterion. From the President of ASHRAE, Lee W. Burgett

17 Smoke-Free Housing Consultants 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.

18 Smoke-Free Housing Consultants 1,000 people EVERY YEAR it kills… Many were firefighters 25% were neighbors of the smokers 34% are children of the smokers Only 1 out of every 4 are the smoker More people die in smoking-material fires than in any other type of fire in the U.S.

19 Smoke-Free Housing Consultants 2002 – 2005 Average Apartments Only Lighted tobacco products caused an estimated… 6,800 fires National Fire Protection Agency $151 million-property damage 520 civilian injuries 190 civilian deaths

20 Smoke-Free Housing Consultants Smoking should not be allowed in a home where oxygen is used. NFPA Do you have ill or elderly smokers on oxygen?

21 Smoke-Free Housing Consultants You owe a duty to provide safe apartment homes free from health hazards… GO THROUGH YOUR LEASES RULES: Health & Safety

22 Smoke-Free Housing Consultants 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;

23 Smoke-Free Housing Consultants 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: Right to change the rules! 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.

24 Smoke-Free Housing Consultants Residents can sue… Nuisance law violation 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

25 Smoke-Free Housing Consultants Employees can sue… Potential workers comp claims

26 Smoke-Free Housing Consultants Cities with smoke-free housing laws… Belmont, CA Calabasas, CA Lovato, CA Oakland, CA Oxnard, CA Temecula, CA LAWS

27 Smoke-Free Housing Consultants GRANDFATHERING SMOKERS Only when no one has complained of an illness Best to move newest resident to either smoking or non-smoking building.

28 Smoke-Free Housing Consultants Vs. Setting up policies HASSLES? Vs. Enforcement Dealing with complaints and losing good residents Potential fire damage and displaced residents, loss of life and property Lawsuits

29 Smoke-Free Housing Consultants Cost to renovate non-smoking apartment Labor 12 hours x $35/hr = $420 Paint 3 gallons 60 Carpet Shampoo 50 Total = $530 Cost to MINIMALLY renovate a smoked-in apartment Labor 30 hours x $35 $1,050 Primer 100 Paint 4 gallons 80 Ceiling Paint 3 gallons 60 Carpet Shampoo 50 Replace rug burns $ 600 Replace laminates 800 Total $2,740 Kennedy Restoration in Oregon $15,000

30 Smoke-Free Housing Consultants Cleaning & Painting Advertising Paper work Personnel COST OF TURNOVER

31 Smoke-Free Housing Consultants Additional Positive Points Lower insurance rates can be requested Tax credits can be lobbied Increased profits when time to sell a property

32 Smoke-Free Housing Consultants Meetings in advance Enforcement Good signage Include cessation classes KEYS TO SUCCESS

33 Smoke-Free Housing Consultants Whats in your packet? Legal Opinion Applicable Laws & Policies regarding Fair Housing Kennedy Restoration – Restoring a Smoked-Damaged Apartment Surgeon Generals Report – 2006 Articles How To Pages Tenant Survey Steps for transitioning Smoking Policy Addendum to Lease

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