On March 11, 2013 the Board of Commissioners voted to implement a NON-SMOKING policy for all of its Housing programs, The Housing Authority desires to mitigate
1) the irritation and known health effects of Secondhand smoke.
2) the increased maintenance, cleaning and redecorating costs from smoke
3) the increased risk of fire from smoking and
4) the higher costs of fire insurance for a non-smoke free building.
It is the policy of the Framingham Housing Development Corporation Il that smoking is prohibited within individual apartments, interior hallways/common areas/community rooms/community bathrooms/lobbies/reception areas/ stairways, offices and elevators and all outside properties owned by the Authority.
The Non-Smoking policy is intended to apply to anyone on the premises; all residents are responsible to notify their guests, visitors, service personnel and employees of the policy.
The policy will be implemented through lease addendums upon renewals of each development.
In connection with this policy the Framingham Housing Development Corporation 11 supports residents who wish to stop smoking and will provide information to enable residents to connect with smoking cessation programs and information.
NON-SMOKING LEASE ADDENDUM
- Purpose of Non-Smoking Policy. The parties desire to mitigate
(i) the irritation and health effects of second-hand smoke;
(ii) the increased maintenance, cleaning and redecorating costs from smoking;
(iii) the increased risk of fire from smoking; and
(iv) the higher costs of fire insurance for a non-smoke-free building.
- Definition of Smoking
The term “smoking’s means inhaling, exhaling, breathing, or carrying or possessing any lighted cigarette, cigar, pipe or other tobacco product or similar lighted product in any manner or in any force.
- Non-Smoking Area
Resident agrees and acknowledges that the premises to be occupied by Resident and members of Resident’s household and any interior common areas, including but not limited to community rooms, community bathrooms, lobbies, reception areas, hallways, laundry rooms, stairways, offices and elevators, within all living units, including entry ways, porches, balconies and patios have been designated as Non-smoking living environment. Resident and members of Resident’s household shall not smoke anywhere in said Non-Smoking Area, including in the unit rented by Resident, the building where Resident’s dwelling is located, or in any of the common areas or grounds of Such building including the steps, patios or yards, nor shall Resident permit any guests or visitors under the control of Resident to smoke in said Non-Smoking Area.
- Resident to Promote Non-Smoking Policy and to Alert Landlord of Violations
Resident shall inform Resident’s guests of the non-smoking policy. Further, Resident shall promptly give Landlord a written statement of any incident where tobacco smoke is migrating into the Resident’s unit from sources outside of the Resident’s unit.
- Landlord to Promote Non-Smoking Policy
Landlord shall post no-smoking signs at entrances and exits, in common areas, and in conspicuous places adjoining the grounds of the Non-Smoking Area.
- Landlord Not a Guarantor of Smoke-Free Environment.
Resident acknowledges that Landlord’s adoption of a non-smoking living environment does not make the Landlord or any of its managing agents the guarantor of Resident’s health or of the non smoking condition of the Resident’s unit and the common areas. However, Landlord shall take reasonable steps to enforce the non-smoking terms of its leases and to make the Non-Smoking Area as smoke-free as it is reasonably possible. Landlord is not required to take steps in response to smoking unless Landlord knows of said smoking or has been given written notice of said smoking.
- Effect of Breach and Right to Terminate Lease
A breach of this Lease Addendum shall give each party all the rights contained herein, as well as the rights contained in the Lease. A material or continuing breach of this Addendum shall be a material breach of the Lease and grounds for termination of the Lease by the Landlord. Tenant acknowledges that the remedy for smoking within the apartment may be the assessment of a charge of up to two hundred-fifty dollars ($250.00) for each smoking incident.
rges will be used by the FHA toward the cost of refurbishing the apartment.
- Disclaimer by Landlord
Resident acknowledges that Landlord’s adoption of a non smoking living environment does not in any way change the standard of care that the Landlord or managing agent would have to a resident household to render buildings and premises designated as non-smoking any safer, more habitable, or improved in terms of air quality standards than any other rental premises. Landlord specifically disclaims and implies or expresses warranties that the building, common areas, or Resident’s premises will have any higher or improved air quality standards other than any other rental property. Landlord cannot and does not warrant or propose that the rental premises or common area wil be free from secondhand smoke. Resident acknowledges that Landlord’s ability to police, monitor, or enforce the agreements of Addendum is dependent in significant part on voluntary compliance by Resident and Resident’s guests, as well as by other residents and guests in other parts of the Non-Smoking Area. Residents with respiratory ailments, allergies, or any other physical or mental conditions relating to smoke are put on notice that Landlord does not assume any to enforce this Addendum other than any other landlord obligation under the lease.
This notice strongly encourages Public Housing Authorities (PHAS) to implement non-smoking policies in some or all of their public housing units. According to the American Lung Association, cigarette smoking is the number one cause of preventable disease in the United States. The elderly and young populations, as well as people with chronic illnesses, are especially vulnerable to the adverse effects of smoking. This concern was recently addressed by the Family Smoking Prevention and Tobacco Control Act, P.L. 111-31, signed by the President on June 22, 2009. Because Environmental Tobacco Smoke (ETS) can migrate between units in multifamily housing, causing respiratory illness, heart disease, cancer, and other adverse health effects in neighboring families, the Department is encouraging PHAS to adopt non-smoking policies. By reducing the public health risks associated with tobacco use, this notice will enhance the effectiveness of the Department’s efforts to provide increased public health protection for residents of public housing. Smoking is also an important source of fires and fire-related deaths and injuries. Currently, there is no Departmental guidance on smoking in public housing.
This notice applies to Public Housing.
Secondhand smoke, which is also known as environmental tobacco smoke (ETS), is the smoke that comes from the fuming end of a cigarette, pipe or cigar, and the smoke exhaled from the lungs of smokers. ETS is involuntarily inhaled by nonsmokers, and can cause or worsen adverse health effects, including cancer, respiratory infections and asthma. The 2006 Surgeon General’s report on secondhand smoke identifies hundreds of chemicals in it that are known to be toxic. The report (The Health Consequences of Involuntary Exposure to Secondhand Smoke) is located at http://www.cdc.gov/tobacco/data statistics/sgr/index.htm Secondhand smoke causes almost 50,000 deaths in adult non-smokers in the United States each year, including approximately 3,400 from lung cancer and another 22,000 to 69,000 from heart disease.
Secondhand smoke exposure causes disease and premature death in children and adults who do not smoke according to the U.S. Environmental Protection Agency (EPA) http://www.epa.gov/smoke free/heaitheffects.html
There are over 1.2 million residents who reside in public housing Residents between the ages of 0-17 represent 39 percent of public housing residents. Elderly residents over the age of 62 represent 15 percent of public housing residents. That accounts for at least 54 percent of public housing residents that could be at increased risk to the adverse effects of cigarette smoking. There are also a considerable number of residents with chronic diseases such as asthma and cardiovascular disease who are particularly vulnerable to the effects of ETS. Secondhand smoke lingers in the air hours after cigarettes have been extinguished and can migrate between units in multifamily buildings.
Based on data from the U.S. Fire Administration (USFA) of the Department of Homeland Security, there were an estimated 18,700 smoking- material fires in homes in 2006. These fires caused 700 civilian deaths (other than firefighters’), and 1,320 civilian injuries, and $496 million in direct property damage http://www.nfpa.org/assets/files/PDF/OS.Smoking.pdf In multifamily buildings, smoking is the leading cause of fire deaths: 26 percent of fire deaths in 2005
downloads/pdf/publications Residential Structure and Building Fires.pdf
- Policy Discretion
PHAg are permitted and strongly encouraged to implement a non-smoking policy at their discretion, subject to state and local law. Some PHAs have established smoke-free buildings. Some PHAs have continued to allow current residents who stroke to continue to do so, but only in designated areas and only until lease renewal or a date established by the PHA. Some PHAs are prohibiting smoking for new residents. According to a state-funded anti-smoking group, the Smoke-Free Environment Law Project of the Center for Social Gerontology, there are over 112 PHAs and housing commissions across the country that have implemented non smoking policies. PHAI should consult with their resident boards before adopting non-smoking policies at their projects,
- PHA Plang
PHAs opting to implement a non-smoking policy should update their PHA plans. According to 24 CFR 903.7(e), their plan must include their statement of operation and management and the rules and standards that will apply to their projects when the PHA implements their non-smoking policy. PHAs are encouraged to revise their lease agreements to include the non-smoking provisions. If PHAs institute non-smoking policies, they should ensure that there is consistent application among all projects and buildings in their housing inventory in which non-smoking policies are being implemented.
- Indoor Air Quality (IAD)
According to the U.S. Green Building Council (USGBC), toxin free building materials used in green buildings help combat indoor air pollution. Good IAQ includes minimizing indoor pollutants. As discussed above, ETS is known to be an indoor air pollutant; as a result it would be difficult for a PHA to achieve good IAQ in its buildings if residents are allowed to smoke, especially indoors. During construction or renovation of projects, PHAs should consider actions such as installing direct vent combustion equipment and fireplaces; providing for optimal, controlled, filtered ventilation and air sealing between living areas and garage or mechanical areas, and the use of paints and other materials that emit no or low levels of volatile chemicals (volatile organic compounds or VOCs). Since 65 percent of the public housing inventory was built prior to 1970, it would be hard for a PHA to implement retrofits that could improve IAQ significantly, unless renovation was scheduled. Also, if a PHA does conduct renovations to improve IAQ without also implementing a non-smoking policy, the LAQ benefits of the renovation would not be fully realized. A non-smoking policy is an excellent approach for those PHAS that are trying to achieve improved LAQ without the retrofit costs.
It is well known that turnover costs are increased when apartments are vacated by smokers. Additional paint to cover smoke stains, cleaning of the ducts, replacing stained window blinds, or replacing carpets that have been damaged by cigarettes can increase the cost to make a unit occupant ready.
- Smoking Cessation National Support
Because tobacco smoking is an addictive behavior, PHA3 that implement non-smoking policies should provide residents with information on local smoking cessation resources and programs. Local and state health departments are sources of information on smoking cessation; see the American Lung Association’s (ALA’s) Web page on State Tobacco Cessation Coverage http://www.lungusa2.org/cessation2, for information on cessation programs, both public and private, in all States and the District of Columbia, The National Cancer Institute’s Smoking Quit Line can be called toll free at 877-44U-QUIT (877-448-7848). Hearing or speech-challenged individuals may access this number through TTY by calling the toll-free Federal Relay Service at 800-877-8339. PHAS that implement non-smoking policies should similarly be persistent in their efforts to support smoking cessation programs for residents, adapting their efforts as needed to local conditions.
- Further Information
For further information related to this notice, please contact Dina Elani, Director, Office of Public Housing Management and Occupancy Division at (202) 402-2071.
Sandra B, Henriquez Assistant Secretary for Public and Indian Housing
Ton L. Gant, Director, Office of Healthy Homes and Lead Hazard Control
NO SMOKING POLICY ENFORCEMENT
1st violation- verbal warning followed by cessation materiais
2nd violation- verbal warning followed by smoking cessation materials and referral to the Resident Service Coordinator.
3rd violation- written warning letter with smoking cessation materials and a referral to the Resident Service Coordinator.
4th violation- 30 day termination notice with option to remedy and referral to Resident Service Coordinator.
5th violation- 10 day termination notice.