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HomeMy WebLinkAboutBackgroundKimballfMorgan Tower Smoke Free Housing Policy Background Report On September 15, 2010 the federal Department of Housing and Urban Development (HUD) Multi -Family Housing section issued a Notice in which they encouraged owners and management agents of HUD Multi -Family Housing rental assistance programs, such as Kimball Tower and Morgan Tower, to adopt and implement smoke -free policies for some or all their properties. It is well documented that cigarette smoking and related secondhand tobacco smoke together are the number one cause of preventable disease in the United States. Because exposure to any amount of secondhand smoke can be hazardous and smoke migrates between units in multifamily/senior housing, HUD is encouraging owners and public housing authorities to implement smoke -free housing policies and programs. In Sacramento, State of California legislators have also passed Senate Bill 332 which states: Beginning January 1, 2012, a residential landlord can prohibit the smoking of cigarettes and other tobacco products on the property, including any dwelling unit, building, other interior or exterior area, or the premises on which the property is located. For new tenants on or after January 1, 2012, the areas where smoking is prohibited must be stated in the lease or rental agreement. For preexisting tenants before 2012, a new provision prohibiting smoking is a change in. the terms of tenancy that requires adequate written notice. It is important to note that the new law doesn't force California landlords to prohibit smoking in their buildings, but it gives them the choice to make their properties smoke - free. The new law allows landlords to incorporate those restrictions directly into the terms of the lease, arguably making them more enforceable. The U.S. Surgeon General has warned that breathing secondhand smoke for even a short time is dangerous. Children, the elderly and disabled, and low-income and other disadvantaged individuals and families are the most likely to suffer from breathing secondhand smoke. Secondhand smoke causes heart attacks and lung cancer and it makes asthma worse. The Community Development Commission- Housing Authority (CDC -HA) may direct the property management company to update their residential leases as annual leases are renewed. Leases may prohibit smoking not only inside each apartment, but from the surrounding common areas as well. If a smoke -free policy is implemented by the CDC - HA, the property management company will notify tenants where smoking is prohibited in an apartment complex. With respect to existing leases, landlords must comply with all federal, state, and local requirements that pertain to changing the terms of a rental agreement or lease. Staff Recommendation Because of all of the inherent risks of smoking in or near residential properties, staff recommends that CDC -HA direct staff to implement a smoke -free policy at Kimball and Morgan Towers. If directed, staff will direct the property management to institute a smoke -free policy as annual leases are renewed. The smoke -free policy would prohibit smoking in all of its units and common areas at Kimball and Morgan Towers as of September 1, 2013. A twelve (12) month notice will be provided to each apartment tenant at Kimball Tower and Morgan Tower notifying them that their building will be smoke -free by the 1 year anniversary date and that if they wish to remain in the building, they will have to abide by the new policy. The one-year target date is going to be at least one year from the date the most recent lease expires. The twelve month notice will include information to current tenants including: 1. The CDC -HA would be glad to have them remain in the building as long as they agree not to smoke. 2. Information on the American Lung Association Lung HelpLine which provides comprehensive lung health information, disease counseling, and a proactive tobacco cessation program for individuals. 3. The smoke -free policy will apply to any new tenants. 4. Reasons will be provided to tenants that will include a combination of health, safety and business concerns, such as: • Protecting tenants from secondhand smoke. • Reducing the danger of fires. • Reducing maintenance, cleaning and redecorating costs. • Saving on insurance, • Capitalizing on consumer demand for smoke -free units. Any new development/expansion will be smoke free (no smoking on the premises during construction or thereafter once occupancy occurs). All property management staff and Housing Authority/City staff would be prohibited from smoking on the properties including grounds, units, offices, and non-residential building, common areas, et. al. effective September 1, 2012 (subject to meet and confer). Other Alternatives Alternatively, the CDC -HA may direct staff to implement one of the following: l , Grandfather in existing tenants and property management staff that smoke. The rule would allow existing tenants to continue to smoke in their apartments until such time they no longer reside in the unit, but not in common areas, balconies, or anywhere else on the property. Any new tenant would be subject to the smoke- free policy rule. If the CDC -HA elects this route, it may take several years before the CDC -HA can declare a building smoke -free, or 2. Impose an immediate smoke -free policy (30 day notice) within the apartments and common areas. No specific area on the property will be set aside for smokers, or 3. Impose the smoke -free policy within the apartments and common areas, but allow smoking on a specific part of the property. The CDC -HA is under no obligation to provide an outdoor smoking area, although this may help keep tenants from using adjacent properties for smoking. Leases would have to specify where smoking is allowed. A disadvantage of providing such an area is the difficulty of keeping it clean. The designated area for smoking would have to provide with sturdy ash containers, heavy enough not to be stolen. We could provide a picnic table or a special structure that resembles a bus shelter, designed specifically for smoking, or 4. The CDC-I3A may choose not to implement a smoke -free policy at all and allow the status quo to continue. Enforcing the policy The smoke -free policy would be enforced as any other violations of rules, such as throwing loud parties or parking in prohibited areas. The property management will issue one or two warnings before they evict someone for breaking the lease. The smoke -free policy rule must be spelled out in the lease to have legal grounds for an eviction. If the policy leads to an eviction through a court of law, the property management staff may have a difficult time demonstrating just cause. Smoke Free Policy Benefits Establishing a smoke -free policy entails some effort. But it should also provide many benefits. Property management staff will no longer be subject to tenants' complaints about their neighbors' smoking. CDC -HA staff and property management staff will have the satisfaction of knowing we are protecting the health of residents, particularly those with allergies or heart or lung ailments. Property staff will not have to face the cost of redecorating units whose windows coverings or walls are streaked with cigarette tar. The buildings will smell fresher and cleaner while appealing more to current renters and prospective tenants who walk in the door.