Support for Smokefree Multi-Unit Housing
A 100% smoke-free multi-unit housing (MUH) policy means a healthier life for residents, especially children, the elderly, and those with chronic diseases that include breathing disabilities, cardiac disease, diabetes and other diseases. It can also translate into lower rehab, turnover and clean-up costs, reduced fire risk and perhaps insurance rates, along with higher property values.
Across the nation, the trend is for landlords, management companies and condominium associations to institute smokefree policies to eliminate environmental tobacco smoke (ETS a.k.a secondhand smoke and thirdhand smoke discussed below). Resources exist around the globe to support this endeavor. GASP is listed as the New Jersey resource in this April, 2010 Global Directory of Smokefree Housing Programs.
Some policies cover 100% of the MUH facility, (private units, common interior
and exterior areas, outdoor property or building perimeter, by entrances,
exits windows). Others designate certain sections of buildings as 100% smoke-free
(interior including units, or grandfather smokers for a limited time).
A poll of 810 Ontarians showed 67% support 100% smokefree apartments, condos and co-ops with the rate rising to 83% among young adults ages 18-34. Read about the poll and how demand exceeds supply of smokefree housing in this December 11, 2011 news article.
This webpage discusses smokefree policies for various types of MUH housing, including detailed subsections on public and market rate/private housing. It applies to multi-unit residents (tenants, condominium owners, etc.), as well as landlords, property managers and management companies, developers, and housing industry professionals. Click on a topic to learn more about smokefree MUH:
- GASP offers technical assistance to residents, management, owners and developers
- Housing industry support
- Economic Benefits
- Scientific studies
- Reduced risk of fire, injury and death
- Disability accommodations
- Laws restricting smoking in multi-unit housing
GASP Offers Technical Assistance
GASP offers technical assistance on how to eliminate ETS exposure in MUH:
- Download our easy-to-read brochure, Smokefree Housing 2010 Initiative for Multi-unit Residential Property Owners. Managers and Developers, Housing Industry Professionals, Tenants and Policy Makers. En espanol, visite aqui.
- We offer free one-on-one technical assistance to help with smokefree housing policies and problems. Contact our office at info@njgasp.org or (908) 273-9368.
- Visit our library to review our presentations on smokefree housing.
- Read our white paper Protecting Foster/Resource Family Children which shares background information that supports protecting foster/resource family children from secondhand smoke in homes and cars.
- Note: The information presented on this website is not intended as, nor to be construed or used as, legal advice, and should not be used to replace the advice of your legal counsel.
GASP specializes in emerging issues in tobacco control. Thirdhand smoke is recognized as a new public health hazard. Thirdhand smoke is residual secondhand smoke that imbeds into upholstery, rugs, and onto walls, and other surfaces, lingering for weeks. New studies indicate that thirdhand smoke may be more dangerous than secondhand smoke, since thirdhand smoke does not dissipate quickly, and continuously emits respirable particles long after secondhand smoke takes place. Visit our webpage on Thirdhand Smoke to read more about this emerging trend in public health.
back to top^Housing Industry Supports Smokefree Housing
MUH owners, managers and developers recognize that 100% smoke-free housing makes economic sense, plus renters are beginning to demand smokefree MUH facilities:
- UNITS Magazine, a leading trade publication for the MUH industry, reported in April 2011 that management companies are implementing "a smoke-free policy to stay ahead of the curve, as many industry experts predict government-mandated non-smoking standards for the multifamily housing industry in the next five to 10 years". Read A Breath of Fresh Air, an article about the successful experience of management companies implementing smokefree policies.
- UNITS Magazine announced in its January 2011 issue the top trends of "What's In and Out" in apartment living. Making the OUT list is clouds of cigarette smoke, a clear trend indicator that smokefree multi-unit policies are more acceptable and needed.
- Cover story in Washington Posts April 3, 2010 advertising section for rental apartments entitled, Smoke-free Apartments: A Healthy Choice for Renters.
- January 2010 Units magazine article about two apartment complexes that discuss the benefit of smokefree housing.
- November 2009 newsclip on Oregon's North Bend and Coos-Country housing authorities in Oregon, adopting no-smoking indoor policies that cover all 479 residents. Includes all individual units and a 10-foot smokefree outdoor perimeter by doorways.
- July 26, 2009 Las Vegas Review-Journal article, "Smoke-Free Apartments Get Healthy Response".
- Article on the trend towards smokefree MUH in the Southern Nevada July/August 2009 issue of Apartment Insight magazine.
- July 21, 2009 press release of a smoke-free luxury apartment community opening in Boston, MA and advertised as a "healthy lifestyle" complex.
Economic Benefits of Smokefree Housing
On August 18,
2011, the American Journal of Public Health published a UCLA
School of Medicine study which analyzed smoking-related costs in multi-unit
housing in California. Researchers surveyed 343 California Apartment Association
(CAA) members. Read the UCLA
press release. Findings of the study were:
- Almost one-half of CAA MUH properties had no smokefree policies.
- Smaller properties (15 units or less) had a threefold higher rate of smokefree policies than larger properties.
- More than 25% of MUH properties had smoking-related costs in the past year.
- One-third of MUH properties are currently smokefree.
- For smoking-permitted units, the mean smoking-related costs was about $5,000, the median $2,000.
Creating a smokefree MUH policy saves money and time for property managers and landlords by reducing operating costs and offering incentives for loans, grants and tax-credits.
Smokefree units have much lower rehab costs for carpeting, floors,
fixtures, countertops, and appliances which have filters and insulation that trap the secondhand smoke or are damaged from smoking burns and nicotine stains. These photos are from a 10-year resident smoker's apartment.
Only $560 to rehab a nonsmoking unit vs.$3515 to rehab a smoking-permitted
unit (compares general cleaning, paint, flooring, appliances, bathroom).
Reasons
to Explore Smoke-Free Housing, published by National Center
for Healthy Housing, September 2009; Smokefree Housing in New England
surveyed housing authorities an subsidized housing facilities in 2009.- It is 92% more costly to rehab a smoking unit; only $230 to rehab a nonsmoking unit vs. $2895 to rehab a unit that had smoking in it for 5-7 years. Reported by Maintenance Manager of Senior Services of Snohomish County, Washington, May 2009. Smokefree housing: Ask for it, provide it, live it, published by the Snohomish County Health Department.
- If smoking units are grandfathered in, recouping costs for excess wear and tear is a challenge. A Michigan public housing authority's smokefree housing policy includes an excess wear and tear charge assessed for burn marks and nicotine stains (to be recovered from security deposit); annual inspections are conducted to ensure that smoke residue does not build up (with frequent cleaning and wall washing); and if inspections show that the unit is not being maintained, then the tenant could lose their grandfathered smoking-permitted status in the unit.
- Faster turnover time to re-rent: apply one coat of paint vs. need to wash, prime and paint walls from nicotine stain, odors.
- Less wear 'n' tear on ventilation systems.
- May be eligible for discount on property casualty insurance
- Lower fire risk with no smoking which, in turn, reduces property
damage:
- Smoking is the leading cause of elderly and multifamily residential fire deaths.
- The National Fire Prevention Association recommends no smoking during portable oxygen use in any portion of a residence to reduce the risk of explosions and fires.
- Earn "Green" points on loan, grant and tax credit equity
applications for a 100% smokefree proposed project:
The Enterprise Green Communities Criteria addresses aspects of design, development and operations. To achieve Enterprise Green Communities Certification, all projects must achieve compliance with the Criteria mandatory measures applicable to that construction type. Additionally, New Construction projects must achieve 35 optional points, Substantial Rehab projects must achieve 30 optional points, and Moderate Rehab projects also must achieve 30 optional points. As of February 1, 2011, projects seeking Enterprise Green Communities Certification, which are not previously registered under Step 1 or 2 of the Certification process, must meet the 2011 Criteria, according to Enterprise.
The new 2011 Enterprise Green Communities Criteria 7.16 (see page 114) awards nine (9) optional points to applicants that implement and enforce a no-smoking policy in all common and individual living areas, and with a 25-foot perimeter around the exterior of all residential projects. The lease language must prohibit smoking in these locations and specify that it is a violation of the lease to smoke. The no-smoking restriction applies to all owners, tenants, guests, and servicepersons. The 7.16 Criteria rationale: Secondhand smoke is the third leading cause of preventable death in the country. Air filtration and ventilation systems do not eliminate the health hazards caused by secondhand smoke. Tobacco smoke from one unit may seep through the cracks, be circulated by a shared ventilation system, or otherwise enter the living space of another. In addition to the negative health effects, smoking significantly increases fire hazard and increases cleaning and maintenance costs. 7.16 Criteria recommendations:
- Many property insurance companies offer a discount for projects with no-smoking policies.
Capital
Insurance Group (CIG) offers a 10% premium credit for apartment building
owners and condominium associations that maintain a 100% smokefree
policy inside the building. CIG offers commercial coverage in Arizona,
California, Nevada, Oregon and Washington. See April-May
2011 issue of CAA Tri-County Magazine.- Project owners and property managers should inform residents that they are prohibited from smoking in the project. A designated outdoor smoking area should be provided as an alternative arrangement for those who smoke.
- Provide suitable receptacles in the designated outdoor smoking area for the disposal of cigarette butt litter. Ensure that the receptacles are inside the project line and do not encroach into public space.
The previous 2008 Enterprise Green Communities Criteria 7.17 awarded two points to applicants that "enforce a 'no smoking policy' in all common and individual living areas in all buildings." "Common areas include rental or sales offices, entrances, hallways, resident services areas and laundry rooms." (pp. 10, 55). "A project must comply with all of the mandatory provisions of the Green Communities criteria to be eligible for Green Communities grants, loans and tax credit equity through Enterprise. In addition, new construction projects must earn 35 points from the Optional Criteria." Green Communities is a national "green building" affordable housing program launched by Enterprise, a provider of development capital. (pg. 2)
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Receive tax credit incentives for smokefree housing policies. State finance mortgage agencies can adopt a tax-credit incentive program for low income and affordable housing agencies that adopt a 100% smokefree policy. This financial incentive encourages 100% smokefree housing policies:
- Minnesota (State, plus St. Paul and Minneapolis) and Maine require 100% smokefree housing facilities to earn the tax-credit incentive, and many agencies have taken advantage of this tax-credit incentive.
Scientific Studies Support the Need for Smokefree Housing
The Office of the U.S. Surgeon General issued a December 2010 report on how tobacco use causes disease, concluding that even occasional exposure to tobacco smoke is harmful and damage is immediate. The report states, "No one should have to breathe secondhand smoke at work or in public places, and parents should ensure that homes, cars and other places frequented by children are smoke-free." "Federal, state and local policymakers need to step up their efforts to implement proven measures that reduce tobacco use and exposure to secondhand smoke." Visit our webpage to learn more about the Report and its findings, conclusions and recommendations. Learn about the Office of the Surgeon General's Call to Action to Promote Healthy Homes in the Section below, Information Specific to Public and Affordable Housing.
On October 26,
2011 researcher James Repace, MSc, Biophysicist, presented measured results
on migration of secondhand smoke into neighboring apartment units at the International
Society of Exposure Science 21st Annual meeting in Baltimore, MD. The study,
entitled "Smoke Infiltration in Multi-Family Dwellings - Monthly Average
Nicotine Concentrations and Symptomatic Effects in Nonsmoking Residents",
used measurements from passive nicotine monitors placed in non-smokers'
residences. Participants had filed complaints citing smoking-related irritations
which were categorized into respiratory ailments, ears, nose and throat irritations,
central nervous system complaints, or tachycardia. The findings reiterate
the health impact of secondhand smoke seeping into non-smoker units. Read
the presentation which
concludes, "Smoke-free policies and legislation are needed to protect
apartment dwellers from secondhand smoke infiltration."
The January 2011 issue of the journal Pediatrics published a study by the University of Rochester Medical Center and MassGeneral Hospital that shows significant evidence of tobacco smoke exposure in the blood of children from smokefree apartments who live in a smoking-permitted MUH building. View the press release announcing this study and the abstract from the published study.
A global study published November 26, 2010 in the British medical journal Lancet estimates 165,000 children younger than 5 years old die each year from lower respiratory infections caused mainly by secondhand smoke exposure at home. The study concludes that, "Voluntary smoke-free home policies reduce exposure of children and adult non-smokers to second-hand smoke, reduce smoking in adults, and seem to reduce smoking in youths." Read a New York Times article with highlights from the study.
A Roswell Park Cancer Institute study published October 1, 2010 demonstrated secondhand smoke exposure can occur in units where non-smokers reside and in shared hallways where smoking is prohibited. The study concludes "...the implementation of a smoke-free building policy represents the most effective way to ensure that residents of MUH units are not exposed to SHS."
See below for additional studies on the need for smokefree public housing.
back to top^Smokefree Housing Reduces Risk of Fires, Injuries and Deaths
Smoking was the leading cause of residential structure fires (25%) that resulted in older adult fatalities, according to the U.S. Fire Administration/National Fire Data Center report, Residential Fires and Older Adult Casualties. Cigarettes were the primary heat sources for upholstered furniture and bedding fires, consistent with smoking fires as the leading cause of fires with older adult fatalities. Thirty-nine percent of older adults killed in residential structure fires were asleep when the fire started; 32% of older adults were trying to escape when they died. Read a December 2010 Working Paper by the Massachusetts National Bureau of Economic Research which discusses the relationship between cigarette smoking and fires caused by cigarettes.
Creating 100% smokefree policies reduces the risk of fire in MUH, especially in buildings that house tenants using medical oxygen for health reasons (seniors and children with asthma, COPD, etc). A tenant on portable oxygen has compomised pulmonary functioning and needs a 100% smokefree living environment, including not only their apartment, but also neighboring apartments, common areas, and building entrances and exits. Learn more about the hazards of smoking near the operation of portable oxygen equipment.
back to top^Disability Accommodations May Require Smokefree Housing
A tenant who is classified as breathing-disabled under the Americans with Disabilities Act Amendment Act or state anti-discrimination law (e.g. New Jersey's Law Against Discrimination), whether or not using portable oxygen, may require a reasonable accommodation of a 100% smokefree unit, floor or building, along with egress into/from such building. A person may temporarily qualify as disabled, such as asthmatic or COPD onset due to secondhand smoke exposure. A person may also be qualified as disabled, even if medications or equipment help to mitigate their disabled condition.
back to top^Laws Restricting Smoking in Multi-Unit Housing
- California passed a state law on October 7, 2011 which allows landlords to specifically restrict smoking within units of multi-family housing. Read the press release of the law which goes into effect on January 1, 2012.
- The American Lung Association tracks local California ordinances that restrict smoking inside private units of multi-unit housing, as well as any outdoor smoking restrictions around the perimeter of such properties. Read their matrix as of July 2011.
- Visit California's Center for Tobacco Policy and Organizing website to review lists of local California ordinances that restrict smoking inside private units of multi-unit housing.
Last update: 1/20/12
