Smoke-Free Multi-Unit Housing: Blazing Trails - Rapidly! Tobacco Prevention & Control Program Blazing Trails Conference Salt Lake City, Utah January 12, 2010. Jim Bergman, J.D. Smoke-Free Environments Law Project The Center for Social Gerontology, Inc. Ann Arbor, Michigan
Smoke-Free Multi-Unit Housing: Blazing Trails - Rapidly!Tobacco Prevention & Control Program Blazing Trails Conference Salt Lake City, Utah January 12, 2010
• Virtually no smoke-free apartments or condos
could be found in Utah & the U.S. in
private or public housing
• Most apartment/condo owners thought it was
illegal to have a smoke-free policy
• Many newspapers thought it was illegal to
allow ads saying “no smoking” or “SF”
• Most tenants didn’t realize they had some
rights to smoke-free housing
Hundreds of thousands of units of market-rate
housing are smoke-free all across the U.S. &
Includes large, multi-state companies,
moderate sized companies, small companies,
and single-family home rentals.
Tens of thousands of units of affordable
housing are smoke-free all across U.S.
Includes apartment buildings owned by for-
profit and non-profit entities, as well as local
governments and tribes.
Dec. 31, 2009: over 138 housing authorities
in 19 states, including 2 in Utah.
Dec. 31, 2004: about 15 housing authorities
in 7 states had smoke-free policies for some
or all their buildings. None in Utah.
An increase of over 820% in 60 months.
Over 2 new housing authorities per month
low-maintenance housing? Comfortable apartments, duplexes, and
quadraplexes are perfect for seniors, near elderly and those dealing
with disabilities. Our facilities offer a number of favorable features
and amenities, including:
* 24 hour emergency maintenance
* Secure units with extra safety precautions
* Conveniently located near grocery stories, medical
offices, & area churches
* Spacious Parking
* Carpeted Units with Curtain Rods provided
* Kitchen stove and refrigerator provided
* Barrier Free Units
* Laundry Facilities or Laundry Hook-up
* Emergency Call System in Each Unit
* Hard-wired smoke detectors provided
* Cable T.V. at a Reduced Rate
* Lovely Community Room with Kitchen Facilities
* Patio & Container Gardening space
* Smoke-free buildings for senior & disabled housing
• It’s legal & HUD strongly encourages it
• Cost savings are significant
• Fire risk and damage reduced
• Health risks of secondhand smoke
• Secondhand smoke cannot be controlled
• Tenants want smoke-free apartments
• Legal liability issues due to SHS intrusions
• Competition from other SF housing
“The right to smoke or not to smoke is not a right that is protected under the Civil Rights Actof 1964 because smokers are not a protected class under federal law.”
Smoking damages residential property:
Smoking residue increases cost of
rehabilitating apartment when smoker
Owners estimate it costs $500 to $8,000
more to rehab an apartment in which a
smoker lived than a non-smoker.
Secondhand smoke spreads
throughout multi-unit dwellings:
Air quality studies in apartment buildings
show that anywhere from 5% to 60% of the
air in apartment units comes from other
units in the building.
Secondhand smoke cannot be controlled
by ventilation or air cleaning: On June 30,
2005, the American Society of Heating,
Refrigerating & Air-Conditioning Engineers
(ASHRAE) issued their latest position document on
secondhand smoke. It states: “At present, the only
means of effectively eliminating health risk
associated with indoor exposure is to ban smoking
California Air Resources Board Report, issued January 26, 2006 by
the California Environmental Protection Agency.
Surgeon General’s Report on Secondhand
Smoke, issued June 27, 2006
• There is no risk-free level of exposure to secondhand smoke. Breathing even a little secondhand smoke can be harmful.
• Healthy Androscoggin in Auburn, Maine surveyed 850 tenants; 76% would choose to live in a smoke-free apartment complex
For opinion surveys: www.tcsg.org/sfelp/public.htm
By 2008, 93% of Utah households were SF
-- Utah data from Behavioral Risk Factor Surveillance System, 1989-2008
In 2003, 89% of Utah households were SF
In 1998, 81% of Utah households were SF
In 1992, 70% of Utah households were SF
-- Morbidity & Mortality Weekly Report May 25, 2007
Smoke-free homes are the norm in the Utah, not the
But, currently, most apartment & condo buildings,
including affordable housing, lack SF policies.
9.6% of Utah’s rental households are exposed to SHS,
compared to 3.9% of owner-occupied homes.
Residents want housing that meets their desire
to have a smoke-free home.
Over 91% of Utah adults don’t smoke
Over 96% of Utahns 65+ don’t smoke
Non-smoking rates among minority populations:
86% of Hispanics; 90% of other non-white Utahns
Many smokers don’t want smoke in their home
Most apartment buildings allow smoking --
the marketplace is way behind demand
The market for smoke-free housing is huge,
regardless of income level
About 80% of Utahns with incomes under $15,000
About 87% of Utahns with incomes between $15,000 &
$50,000 don’t smoke
Over 93% of Utahns with incomes over $50,000 don’t
-- 2008 Utah BRFSS prevalence data
Residents negatively impacted by
secondhand smoke actually have the right
to seek legal actionagainst smokers and/or
ownerswho do not make adequate
provisions to protect them from SHS.
• Utah Secondhand Smoke Amendments establish SHS is a nuisance and allow victim to seek injunctive relief and/or damages. Utah Code 78B-6-1101
Residents negatively impacted by
secondhand smoke actually have the right
to seek legal actionagainst owners who do
not make adequate provisions to protect
them from second hand smoke.
• Fair Housing Act complaints can be filed seeking a “reasonable accommodation”.
• Possible violation of warranty of habitability or peaceful enjoyment.
Multi-unit housing associations & their publications
are focusing on the benefits of smoke-free policies:
NAA and NMHC policy memos, Feb., 2008
UNITS magazine, Dec., 2007
Assisted Housing Management Insider,
MultiFamily Executive, Nov., 2006
• Online apartment listing companies are
adding “smoke-free” as an amenity item
on their listings, e.g., RentLinx
• “Smoke-free” is becoming more
common as an amenity item in marketing
by apartment owners/managers
Address: 777 E. 1000 N.
1048 East Liberty Bend Lane (9050 South), Sandy, UT 84094
Take I-15 to the 9000 S. exit. As you’re heading east and pass through 700 East, 9000 South veers to the right and you’ll be heading south. Turn left into the residential and retail area at 9100 S. Take another left on to Quarry Bend Drive and an immediate right on to Quarry Sands Lane. Take another immediate right on to Liberty Bend Lane and the clubhouse is straight ahead.
Please remember a government issued photo ID is required to tour an apartment.
453 W. Three Mile Road
Sault Ste. Marie, MI 49783
Phone: (906) 632-9047
Woodfield Terrace Apts.
Bingham Ave. Apts
910 Lincoln Avenue
Marquette, MI 49855
Phone: (906) 288-9284
All properties are smoke-free.
Cherry Creek Village, Marquette
Other buildings in Upper Peninsula and Wisconsin
Lutheran Social Services
of Wisconsin and Upper Michigan, Inc.
647 West Virginia Street
Milwaukee, Wisconsin 53204
Galesburg Village Apartments
Augusta Green Apartments
834 King Highway,Suite 100
Kalamazoo, MI 49001
Phone: (269) 381-0350
Fax: (269) 381-3609
Pheasant Run Apartments
West Bridge Apartments
The Cottages at Bayberry Farms
102 South Main Street
Mount Pleasant, Michigan 48858
21400 Ridgetop Circle, Suite 250
Sterling, VA, 20166
Phone: (703) 406-3471
Contact: Rob Couch, President
All buildings smoke-free.
Over 50 smoke-free buildings in 7 states; about 20 in Michigan.
Heritage Property Management
950 Taylor Avenue
Grand Haven, MI 49417
Village at Appledorn, Holland
Village at Park Terrace, Muskegon
Country View Apartments & Town Homes
1928 East Britain Avenue
Benton Harbor, MI 49022
Telephone: (269) 926-8068
707 Sable Oaks Drive
S. Portland, ME 04106
Office: (207) 774-0501
Office: (888) 553-2020
Smoke-free MI properties:
Warren Plaza, Detroit
121 Perrin - Office
Ypsilanti, MI 48197
Phone: (734) 483-2240
All 30+ properties smoke-free.
15000 W. Ten Mile Road
Oak Park, MI. 48237
All properties smoke-free; over 800 units.
Utah Secondhand Smoke Amendments site:
Utah Tobacco Prevention & Control site:
Utah Smoke-Free Apt & Condo Guide site:
Utah Smoke-Free Apt & Condo Directory:
MISmokeFreeApartment web site:
Smoke-Free Environments Law Project site:
SFELP Apartments site:
SFELP Condominium site:
Infiltration of Secondhand Smoke Into Apts & Condos
There Is No Constitutional Right to Smoke
The Americans with Disabilities Act: Effective Legal
Protection Against Secondhand Smoke Exposure
http://tclconline.org/documents/Douglas.pdfYour have resources online:
100% Smoke Free
The demand for smoke-free environments is rising, and Parkside is listening.
Parkside Commons will be a 100% smoke-free environment, making it one of Massachusetts’
premier smoke-free rental communities, inside and out. Smoking is banned in all common areas, on the grounds,
and in the apartments themselves. Why 100%? Cigarette smoking is hazardous to your health and it’s the number
one preventable cause of death. Second-hand smoke can be just as deadly. Cigarette smoke and its very
noticeable odor travels farther than most of us realize, permeating rooms and getting into walls, ceilings,
carpeting, drapes and clothing. At Parkside, you have a right to fresh and pure air.
Parkside welcomes residents who care about themselves. Our non-smoking
policy is simply another way to support our commitment to creatinga clean, healthy, active
community for all.