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.

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 2300 + Thousands of independent hotels & motels It’s a standard the public now expects PROFITABLE SAFER for guests <<<<<<Hotels Parks & Beaches >>>>>>

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.

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.

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

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

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

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.”

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

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

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

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

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

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)

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.”

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

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.”

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

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 - 2007

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.

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

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;

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.

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

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.

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

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

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

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

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

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

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

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