Presentation on theme: "Smoke-Free Housing Consultants"— Presentation transcript:
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 + municipalitiesRESTAURANTS = 26 STATESRESTS AND BARS = 13 states (3 MORE BY 2009)15 COUNTRIESWestin’s 77MarriottThousands of independent hotels & motelsIt’s a standard the public now expectsPROFITABLESAFER for guests<<<<<<HotelsParks & Beaches >>>>>>
3 Smoke-Free Housing Consultants Where we find organizations working on smoke-free multi- family housing:AlaskaArizonaCaliforniaColoradoHawaiiIllinoisIndianaIowaMaineMarylandMassachusettsMichiganMinnesotaMissouriMontanaNebraskaNew HampshireNew JerseyNew YorkNorth CarolinaOhioOklahomaOregonPennsylvaniaRhode IslandTexasUtahVirginiaWashington StateWashington, D.C.West VirginiaWisconsin(32)AustraliaBahrainCanadaEnglandKenyaNigeriaRomaniaScotlandSlovakiaTaiwan(11)UPDATELest you think this will be a short-lived fad…32 states11 countriesHAVE GRANTS OR SOME FUNDINGHow 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 statementNot a political statementA health and safety statementPerfection 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 yourPRIVATE PROPERTYOutside on…BalconiesPatiosCourtyardsParking lotsPlaygroundsSwimming poolsSuggest at least 50 feetFirst 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 2006U.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 asthma4 million children under 1824.7 million Americans with heart disease1.37 million Americans with cancerLupusPolioCystic fibrosisPneumoniaCOPDEmphysemaOf those who do not smoke these have illnesses.HEART DISEASE - Butte Montana
11 Smoke-Free Housing Consultants What causes the health problems?CHEMICALSAmmoniaArsenicBenzeneCarbon MonoxideDDTFormaldehydeHydrogen cyanideLead Nickel Chromium VIErin Brockovich
12 Smoke-Free Housing Consultants AcetoneIrritation of theeye, nose, and throat; headaches;dizziness;nausea;
13 Smoke-Free Housing Consultants HexamineSkin and eye irritationNausea, vomiting, diarrhea and abdominal painAsthma-like allergyAsthma 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, ASHRAEAmerican Society of Heating, Refrigerationand 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 buildingsSep heat and airCannot containSHEET 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 peopleOnly 1 out of every 4 are the smoker34% are children of the smokers25% were neighbors of the smokersMany were firefighters
19 Smoke-Free Housing Consultants 2002 – 2005 Average Apartments Only Lighted tobacco products caused an estimated…6,800 fires190 civilian deaths520 civilian injuries$151 million-property damageNational 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.”NFPAOxygen tanks do not generally explodeThe 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 LEASESRULES: 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 enjoymentTrespass (unwanted smoke)Violations of Housing Health CodesConstructive evictionNegligenceHarassmentTenants 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.BatteryIntentional infliction of emotional stressNuisance law violation
25 Smoke-Free Housing Consultants Employees can sue…Potential workers’ comp claimsTenants 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 LAWSCities with smoke-free housing laws…Belmont, CACalabasas, CALovato, CAOakland, CAOxnard, CATemecula, CAI prefer voluntary policies, but if they do not happen the troops are rallying everywhere and laws will become more commonplace.Belmont - all but townhomesCalabasas - 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 HousingDisclosure of smoking policy in new and existing Multi-Unit HousingRequires Landlords to disclose to prospective tenants whether unit is smoking ornon-smoking, which units allow smoking, and the smoking policy for thecomplexRequires Sellers of condominium units to disclose to prospective buyers whethersmoking is permitted in unit and the smoking policy for the condo complexNo smoking in common indoor and outdoor areasOxnard 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 SMOKERSBest 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 residentsPotential fire damage and displaced residents,loss of life and propertyLawsuitsVs. Setting up policiesVs. Enforcement
29 Smoke-Free Housing Consultants Cost to renovate non-smoking apartmentLabor 12 hours x $35/hr = $420Paint 3 gallonsCarpet ShampooTotal = $530Cost to MINIMALLY renovate asmoked-in apartmentLabor 30 hours x $ $1,050PrimerPaint 4 gallonsCeiling Paint 3 gallonsCarpet ShampooReplace rug burns $ 600Replace laminatesTotal $2,740Kennedy Restoration in Oregon $15,000
30 Smoke-Free Housing Consultants COST OF TURNOVERAdvertisingPersonnelPaper workFORCING THE ILL TO MOVECONSTRUCTIVE EVITIONCleaning & Painting
31 Smoke-Free Housing Consultants Additional Positive PointsLower insurance rates can be requestedTax credits can be lobbiedIncreased profits when time to sell a property
32 Smoke-Free Housing Consultants KEYS TO SUCCESSMeetings in advanceInclude cessation classesGood signageEnforcement
33 Smoke-Free Housing Consultants What’s in your packet?Legal OpinionApplicable Laws & Policies regarding Fair HousingSurgeon General’s Report – 2006Kennedy Restoration – Restoring a Smoked-Damaged ApartmentArticlesHow To PagesTenant SurveySteps for transitioningSmoking PolicyAddendum to Lease