SMOKE-FREE MULTI-UNIT HOUSING: CHANGE IS IN THE AIR

1. SMOKE-FREE MULTI-UNIT HOUSING: CHANGE IS IN THE AIR Presentation to Florida Association of Housing and Redevelopment Officials August 7, 2013 Matthew Competiello American Lung Association

2. TOUCH Initiative Transforming Our Community’s Health • Broward County’s TOUCH initiative is the only Florida funded Community Transformation Grant from the U.S. Department of Health and Human Services’ (HHS’s) Centers for Disease Control and Prevention (CDC). • Funded under the Affordable Care Act to support public health efforts to reduce chronic diseases, promote healthier lifestyles, reduce health disparities, and control health care spending. • Award of $1.76 million a year for five (5) years (2011-2016). • A collaborative effort among more than 20 community organization partners and 10 coalitions coordinated by Broward Regional Health Planning Council. • Four main focus areas: • Tobacco Free Living • Active Living and Healthy Eating • High Quality Clinical and Preventive Services • Healthy and Safe Physical Environment

3. What does going smoke-free mean? • Has a written policy restricting smoking: • Inside units • On balconies and patio areas • In breezeways, staircases, and hallways • Common areas • No one size fits all policy. • Smoke-free housing policies should reflect the layout of your property and demands of your residents.

4. Clearing the air on smoke-free policies • Smokers are welcome to reside in smoke-free communities. • Smoking is restricted, not the smoker. • Not a mandate to get people to quit smoking. • A smoke-free policy allows housing providers to protect the health of their building, residents, and guests while boosting their bottom-line.

6. Florida HAs with SF MUH Policy Macclenny Housing Authority

7. Simply Better Management Waterway Village Apartments in Aventura

8. Catholic Housing Management • Operates low-income elderly housing in South Florida. • Provides housing for 2,400 tenants at 15 properties. • Adopted smoke-free housing policy effective Oct. 2013 for all its properties.

9. Why do I want a smoke-free policy for my building? • Market demand for smoke-free housing is high. • It makes financial sense. • Secondhand smoke, a deadly toxin, travels from unit to unit. • Secondhand smoke can cause tension between residents and owners. • Smoke-free housing policies are legal. • It’s easy to do and easy to enforce.

10. High market demand • Non-smoking is the norm. • The Centers for Disease Control and Prevention estimates: • 18% of American adults are “smokers.” • 17.5% of Florida adults smoke. Source: CDC, Behavioral Risk Factor Surveillance System, 2007 to 2008

11. Smoking in the home is no longer the norm • Even among smokers, there is a general consensus that no one wants to live in an ashtray. • 2 out of 3 Florida adult smokers (64.6%) always or usually go outside to smoke.* • 1 out of every 10 adult smokers (11.6%) never go outside to smoke.* *Data comes from 4,000 randomized individuals selected by telephone (2006 Florida Adult Tobacco Survey)

12. Smoke-free multi-unit housing has support among smokers • One-third of all smokers want a comprehensive smoke-free policy for their residence. Among nonsmokers, this percentage was higher (80.3%).* • Almost half of smokers are bothered by outside tobacco smoke entering into their home.* • 60% of smokers would welcome a smoke-free policy if it went into effect.* Source: Smoke-Free Multi-Unit Housing Survey Report for TOUCH. September 2012.

13. The economics support smoke-free housing policies • It costs about 3 to 7 times MORE MONEYto renovate a unit that allows smoking. • Possible insurance savings.

14. Data reflects surveys from housing authorities and subsidized housing facilities in New England. Collected and reported by Smoke-Free Housing New England, 2009

16. Smoke-free homes are more attractive • According to the National Apartment Association smoke-free housing policies add value. • The NY Times suggested this same fact: • “Agents who have assisted people selling or shopping for everything from starter homes to Victorian mansions agree: as the number of public places in which a person can smoke has shrunk, so has the number of home buyers who are even willing to consider a house with smoking in its past.” SOURCE: (New York Times, "Real Estate & Secondhand Smoke: On Tobacco Road, It's a Tougher Sell," February 8, 2004.)

17. Realtors see smoke-free homes with value added • “Cigarette Smokers Have Tough Time Selling.” Denver Post, Douglas Brown (June 29, 2006). Reposted in REALTOR Magazine June 30, 2006. • “Smells don’t sell.” Anne Kedl, owner of Interior Assets, a real estate staging business in Centennial, Colo. • “Smoky, Smelly Houses Don’t Sell.” The San Diego Union-Tribune, Emmet Pierce (Oct. 15, 2006). Reposted in REALTOR Magazine Oct. 18, 2006 • “If you can smell it, you can’t sell it.” John Hokkanen, an Encinitas, Calif. real estate associate.

19. Tobacco Smoke Knows No Walls • Multi-family housing units are not designed to contain air. • According to the American Society of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE), secondhand smoke cannot be controlled by ventilation, air cleaning or the separation of smokers from non-smokers. • ASHRAE encourages smoke-free housing policies as “Theonly complete solution to the problem of secondhand smoke.“(June 30, 2005) • Indoor air quality studies have shown that up to 60% of the air you breath in any one room may come from somewhere else in the building.

20. Protect Your Property and Residents from Fires • 93% of residential building smoking-related fires are nonconfined.* • 1 out of 4 deaths caused by home smoking materials is not the smoker.** • Nearly half (45%) of all deaths caused by home smoking material fires were age 65 or older.** • National Fire Prevention Council recommends: “If you smoke, smoke outside.” ______________________________________________________________________________________________________________________________ *U.S. Fire Administration “Smoking related fires in residential buildings” (2008-2010). ** According to annual reports by the National Fire Prevention Council.

21. Protect Your Property and Residents from Fires • Fire damage can cause units to go off-line for months. • Water and smoke damage to units can also take them off-line. • Forces residents to find alternative housing. • Residents may seek legal action. Lake Park Gardens in Plantation Clary, Mike and Rodriguez, Ihosvani. “Smoking in bed starts fire that displaces seven families.” Sun-Sentinel, November 12, 2012.

22. Are smoke-free housing policies legal? • Legal research demonstrates smoke-free policies are legal in every state in the U.S.. • Smoke-Free policies are not discriminatory. • Fair Housing laws may apply when secondhand smoke infiltrates a non-smoking unit. • E.g., In Re: HUD and Kirk & Guilford Management Corp. and Park Towers Apts. (1998). • HUD-assisted housing may need to “grandfather” existing tenants until their leases renew.

23. Developing Your No Smoking Policy • Include a smoke-free lease addendum with all new construction. • For existing buildings: • Set a certain date for all units to be smoke-free (usually 6 months – 1 year in advance) • Include smoke-free lease addendum at time of lease renewal • Include a policy in all new lease agreements.

24. Strategy for Going Smoke-Free • Develop community partners • American Lung Association • Local Department of Health and Tobacco Free Partnership • Area Health Education Center • Local college and universities • Legal firms, fire departments • Survey property managers & tenants • Set a timeframe for change • Inform residents of benefits • Update all leases and inform those on waiting list • Enforce the policy

25. How to enforce a no-smoking rule • Advertise units as smoke-free • Have a smoke-free lease agreement • Post signs • Inform residents that if they smoke in their units, they will be held financially responsible • Give advance notice to current tenants and those on your waiting list • Use same warning/enforcement methods for smoking violations • Visit properties regularly and perform inspections

26. Tips on Talking to Your Tenants • Might want to go beyond your normal procedures in announcing rule changes. • The issue is about protecting nonsmokers from secondhand smoke, not getting smokers to quit. • Secondhand smoke travels between the units. • Fire risk • Health considerations of nonsmokers, the lung impaired, pregnant, children, and pets.

27. Other Considerations • Evictions are rare • Nationwide, ALA has not seen massive evictions or challenges. • Accommodate smokers • Make sure signs for smoking designated areas read “Smoker’s Haven” • Might want to try piloting a smoke-free property. • Promote smoke-free policies

28. Resources in Your Folders • My contact information and this PowerPoint • HUD Toolkit • Sample Lease Addendum • Sample Resident Letter and Survey • Legal cases involving secondhand smoke • Tenant complaint form • Our website: www.smokefreebroward.com • PLEASE DON’T FORGET TO TAKE OUR SHORT SURVEY!!!

30. Tobacco-Free Broward is working to reduce exposure to secondhand smoke by implementing tobacco-free parks, tobacco-free college campuses, and smoke-free multi-unit housing complexes. Help support making Broward County a place where we can all breathe easy! Scan the QR code above or go to facebook and search for “Tobacco Free Broward”

31. Conclusion • The issue is about protecting nonsmokers from secondhand smoke. • Like all new changes, there are challenges but the opportunities and benefits outweigh the obstacles. • There are community partners – I’m one of them!

32. Matthew Competiello Program Manager American Lung Association Serving South Florida 2020 South Andrews Ave. Fort Lauderdale, FL 33316 (954) 727-0908 Direct Line (954) 524-3162 Fax mcompetiello@lungfla.org Kamalie Belizaire Program Coordinator American Lung Association Serving South Florida 2020 South Andrews Ave. Fort Lauderdale, FL 33316 (954) 524-4659 Direct Line (954) 524-3162 Fax kbelizaire@lungfla.org www.TouchBroward.org Made possible with funding from the Centers for Disease Control and Prevention.