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Multiunit Housing in NY - Going Smoke Free

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i m knopf

on 3 March 2015

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Transcript of Multiunit Housing in NY - Going Smoke Free

Policy Support
Privately managed
State and locally funded
Federally funded
Multiunit Housing in NY -
Going Smoke Free

A Smoke Free Policy
Policy Rationale
Priority Populations: Where We Reside
Best Practices
Policy Elements
Legal Authority
Liability Concerns
A Smoke Free Policy
Policy Rationale
Legal Authority
Liability Concerns
With a policy? Without a policy?
constructive eviction
breach of covenant of quiet enjoyment
breach of warranty of habitability
ADA or FHA "reasonable accommodation"
Priority Populations: Where We Reside
U.S. Dep't Housing & Urban Development (HUD)
subsidizes range of MUH developments & programs;
often administered by state & local gov't agencies, private entities
subsidies attach to individual or property
HUD properties follow HUD rules & regulations;
HUD properties comply with state & local laws;
HUD explicitly encourages smoke free policies;
implementation will vary by subsidy type
tenant notice
house rules, lease addendum
HUD toolkits for residents and owners/managers
NYS Div. of Homes and Community Renewal;
housing authorities,
community development corporations (CDCs) and community housing development organizations (CHDOs)
subsidizes range of MUH developments and programs;
public housing developments
loans, grants, tax credits;
may combine with HUD subsidies;
may be administered by private entity;
rent control, rent stabilization
Nonprofit housing; For-profit affordable housing; Inclusionary (mixed) housing
federal, state or local monies
grants, loans, tax credits
charitable or for profit;
restriction (resident characteristics, location, other) or restriction-free;
supportive housing or traditional;
includes federal Section 8 voucher
Best Practices
Policy Elements
Formulation and Implementation
Tobacco smoke is unsafe, unhealthy
over half of New Yorkers reside in MUH
unpreventable drift between units
no safe level of exposure
disease, chronic illness, premature death
second and thirdhand exposure
MUH residents are disproportionately at risk of unwanted exposure
not in control of air in unit
housing options
resources to move
high rates of exposure to unwanted in-home SHS
MUH residents are disproportionately at risk of tobacco-related disease
Supports mission housing providers
promotes safe and healthy housing
reduces cost/saves money (tax payers)
sf policy creates safer, healthier living environments/homes
A study of multi-unit housing residents in New York State found 73 percent of tenants did not allow smoking in their units, however, 46 percent experienced secondhand smoke infiltration from other units during the past year.
King BA et al. Multiunit housing residents’ experiences and attitudes toward smoke-free policies. Nicotine Tob Res. 2010 Jun;12(6):598-605.

muh sf policy is population-based: reduces SHS exposure (& thus improves health) of many at once
51.7%; 10.1 mill
King BA et al. National and State Estimates of
Secondhand Smoke Infiltration Among
U.S. Multiunit Housing Residents. Nicotine Tob Res. 2012
low wage earners, people of color, elderly, young (minors)
struggling with chronic disease, mental illness, chemical dependency, poverty
limited access to health care
muh sf policy will disproportionately affect priorty populations
[include dispropotionate tobacco users? lower cessation attempts/success?]
*at least in government
changes community norms
smoke free subsidized housing would save $521 mill/year. CDC, 2013
no federal restrictions on
smoke free property
New York State Homes and Community
Renewal - nyshcr.org
incorporate into lease in addition to house rules
complete smoking ban
by whom
compliance with federal, state and local laws
Strong Enforcement
specify enforcement plan and consequences
document violations
prompt, consistent response
consistent within and across properties
treat smoking like other lease violations
Smoke Free Policies are Permissible
It is not discriminatory to designate an entire property smoke free
smoking is not a protected right
an individual's status as a smoker is not a protected category
nicotine addiction is not a recognized disability
Federal and NY housing authorities support smoke free policies
existing buildings:
identify ownership structure/subsidy source
educate and survey residents, managers, staff
address concerns, build support
draft the policy and consider timeline
record/register policy
notify residents, staff, guests
post signs
organize resident meetings
promote the policy and cessation resources
in public housing this mean if break the house rule by smoking means broken key term of residency; 3x out
policy examples
Public Housing
Section 8 vouchers
Section 8 properties
100% of grounds, indoor and out, covered;
no grandfathering (when possible) - all by end of respective lease term;
define smoking and smoke-free and areas covered;
clear date effective;
comprehensive - all combustible tobacco (what), all places where) used, all people (whom)
strong enforcement clause

• www.albanyhousing.org – Albany Housing Authority
• www.cohoeshousing.org‎ – Cohoes Housing Authority
• www.genevahousingauthority.com – Geneva Housing Authority
• www.greenburghhousing.org – Greenburgh Housing Authority
• www.ithacaha.com – Ithaca Housing Authority
• www.kingstonhousing.org – Kingston Housing Authority
• www.poughkeepsiepha.org – Poughkeepsie Housing Authority
• www.uticamha.org – Utica Municipal Housing Authority
• www.watervliethousing.org – Watervliet Housing Authority

NYS Division of Homes and Community Renewal

US Department of Housing and Urban Development

Boston, MA
Pasadena, CA
Richmond, CA
Full transcript