1. Smoke-Free Housing Consultants
This is a very tough subject. We have hundreds of years wrapped around our thought processes regarding smoking. Now that we have the technology & research to understand the dangers, we can no longer ignore the need for change. I want to help you see that that change is not only necessary but possible.
Please mute cell phones. Thank you.

2. Smoke-Free Housing Consultants
Where is smoking restricted around the world now?
Offices>>>>>>>
<<<<<<Restaurants (12,600 / 26)
Bars>>>>>>> (13 / 4)
12,600 + municipalities
RESTAURANTS = 26 STATES
RESTS AND BARS = 13 states (3 MORE BY 2009)
15 COUNTRIES
Westin’s 77
Marriott
Thousands of independent hotels & motels
It’s a standard the public now expects
PROFITABLE
SAFER for guests
<<<<<<Hotels
Parks & Beaches >>>>>>

3. Smoke-Free Housing Consultants
Where we find organizations working on smoke-free multi- family housing:
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)
Australia
Bahrain
Canada
England
Kenya
Nigeria
Romania
Scotland
Slovakia
Taiwan
(11)
UPDATE
Lest you think this will be a short-lived fad…
32 states
11 countries
HAVE GRANTS OR SOME FUNDING
How many read our article in NAA UNITS?
According to the communications director they have received more interest in that issue than any other in years and they could have easily printed another 50,000 copies.

4. Smoke-Free Housing Consultants
When residents complain…
Not a moral statement
Not a political statement
A health and safety statement
Perfection and comfort without a few headaches when it comes to smoking in multi-family housing would be the ideal. But perfection is not possible. I am going to give you the tools to help you help your residents with this dilemma that is not going away. The important thing is to get started in the right direction and move forward.
Most of you would say that someone who smokes should have the right to smoke in their own home.
Do you also believe someone should be forced to suffer severe illness in their home so someone can smoke in theirs?
My job is to help you see the reality of the problems and how to solve them.

5. 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

6. 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
Suggest at least 50 feet
First Centrum –properties in North Carolina are converting to smoke-free.
Inside all units

7. Smoke-Free Housing Consultants
Do you have a pet policy?
Ode de tobacco

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
U.S. overall….………………….…… %
South Carolina ……………………… %
North Carolina ……………………… %
OPPORTUNITY TO QUIT

10. Smoke-Free Housing Consultants
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
Of those who do not smoke these have illnesses.
HEART DISEASE - Butte Montana

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

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

13. Smoke-Free Housing Consultants
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. 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)

15. 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.”

16. 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.”
New buildings
Sep heat and air
Cannot contain
SHEET ROCK

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
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

19. 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

20. Smoke-Free Housing Consultants
Do you have ill or elderly smokers on oxygen?
“Smoking should not be allowed in a home where oxygen is used.”
NFPA
Oxygen tanks do not generally explode
The oxygen becomes a fast moving flame.

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
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.

24. Smoke-Free Housing Consultants
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
Tenants negatively impacted by secondhand smoke actually have the right to seek legal action against landlords who do not adequately protect them from second hand smoke.
Battery
Intentional infliction of emotional stress
Nuisance law violation

25. Smoke-Free Housing Consultants
Employees can sue…
Potential workers’ comp claims
Tenants negatively impacted by secondhand smoke actually have the right to seek legal action against landlords who do not adequately protect them from second hand smoke.

26. Smoke-Free Housing Consultants
LAWS
Cities with smoke-free housing laws…
Belmont, CA
Calabasas, CA
Lovato, CA
Oakland, CA
Oxnard, CA
Temecula, CA
I prefer voluntary policies, but if they do not happen the troops are rallying everywhere and laws will become more commonplace.
Belmont - all but townhomes
Calabasas - The Calabasas ordinance requires at least 80 percent of apartment buildings to be permanently designated nonsmoking. It goes into effect Feb. 16, and landlords have until Jan. 1, 2012, to complete the transition. The ordinance allows current tenants who smoke to continue smoking in their units if they request to be grandfathered in.
Oakland Multi-Unit Housing
Disclosure of smoking policy in new and existing Multi-Unit Housing
Requires Landlords to disclose to prospective tenants whether unit is smoking or
non-smoking, which units allow smoking, and the smoking policy for the
complex
Requires Sellers of condominium units to disclose to prospective buyers whether
smoking is permitted in unit and the smoking policy for the condo complex
No smoking in common indoor and outdoor areas
Oxnard to ban smoking in the city's public senior housing facilities, citing the impacts of secondhand smoke. bans smoking inside apartments and within 25 feet of the city's two facilities. a total of 150 units.
Temecula – 25% of contiguous units in all apt complexes must be s-f

27. 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

28. 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

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

30. Smoke-Free Housing Consultants
COST OF TURNOVER
Advertising
Personnel
Paper work
FORCING THE ILL TO MOVE
CONSTRUCTIVE EVITION
Cleaning & Painting

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
KEYS TO SUCCESS
Meetings in advance
Include cessation classes
Good signage
Enforcement

33. Smoke-Free Housing Consultants
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