A Landlords Guide No Smoking Policies

7/29/2019 A Landlords Guide No Smoking Policies

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No-SmokingPolicies

H i g H e r P r o f i t s

H a P P i e r t e n a n t s

s a f e r H o u s i n g

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SMOKEFREEHousing Project


2/16

The Portland-Vancouver Metro Area Smokeree Housng Project

s a partnershp between the Amercan Lung Assocaton oOgon, Mltnomah Cont Halth Dpatmnt and Cla

County Publc Health. Together wth our Advsory Board, we

want to show landlords how no-smokng rules are a wn-wn or

busness and or health.


For me it was the repainting each time,

the extent of cleaning, professional carpetcleaners, hoping you would get the smell out.

I just finally decided it wasnt worth it.

First printing March 2007. Revised edition June 2007.


3/16

N o N - Sm o k i N g H o u S i N g

... beng an early mplementer o smoke-ree polces, a property management

company could earn a reputaton n the market or dong a better job o recog-

nzng and oferng the amentes tenants want, whle at the same tme ensurng

hgh tand anngs as a slt o low mantnanc and latd costs.

John Campbell, national landlord trainer and consultant

Have you been thinking about a no-smokingrule or your rentals? I you are like other land-lords, you are sick and tired o the time andmoney it takes to repaint, replace carpet, andturn over apartments where tenants have

been smoking indoors. You know that smoking is a major re hazard anda liability. Maybe your tenants have complained about tobacco smoke

driting rom neighboring units. You have heard that other landlords haveeliminated these headaches by adopting a no-smoking rule, and you arewondering i it will work or you, too.

Well, good news! You can adopt a no-smoking rule. Just as you mightprohibit pets, you can prohibit smoking at your rental properties, even insideindividual units and in outdoor areas. It is entirely legal.

On our website, www.smokereehousngNW.com , we have additional

resources or landlords and tenants to help address this issue. See the lastpage o this booklet or a list o helpul articles and handouts that can beound on our website.

Unless otherwise noted, quotes in this publication were provided by Portland-Vancouver metro area landlords in ocus groups.

The ndings are summarized in the report, Opinions o Experienced Metro-Area Landlords Regarding Smoking Policies and

Practices. Campbell Delong Resources, Inc, November 2006 on our website.

G o o d f o r

B u s i n e s s a n d

H e a l t h

Welcome

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U.S. Surgeon General Richard Carmona, 2006

1s M o K e r e e H o u s i n g


4/16

Marketing Tips

n Wherever you lst vacances,

ma s to ncld non-

smokng n the amentes.

n Lst your propertes on

housngc c . ,

a ree resource that lets you

ndcate your smokng polcy.

n Put No Smokng sgns on

the ront door, hallways, com-

mon areas and outdoor areas

to let prospectve tenants know

about your polcy.

n Order no-smokng stckers

at mkhnW.

We had an entire buildinglease up in just 30 days, becausepeople were calling specifically

for non-smoking units.


5/16

MarketDemand

m a r k e t D e m a N D

In the summer o 2006, we commissioned research on both landlords and

tenants in the Portland-Vancouver metro area. Here is what we ound:

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n Three-quarters o renters do notsmoke at all.

n 19% o renters smoke dailybutonly 11% smoke inside regularly.

nTwo-thirds o smokers agree thateven small amounts o secondhand

smoke are hazardous to your health.

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Statistics are from the market survey report,

Smoke-free Rental Housing in the Portland Metro

Area. Campbell DeLong Resources, Inc, 2006.

n Three-quarters would rather live in a non-smoking building.n 52% would even pay extra rent.n Three-quarters say it is okay or landlords to prohibit smoking inside

rental units to keep secondhand smoke rom driting into other units.

n Most renters, regardless o income, age, or gender, would preer ano-smoking rule.

n Over a third o renters in multi-unit buildings say they are regularlyexposed to a neighbor's secondhand smoke.


renters DeManD orsMoKeree Housing

25%HaVe

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ArkeT

OPPOrTuNiTy

75%Want


6/16

At knnd rstoaton, on o o bggst

challngs s movng smo odo and sd

om apatmnt homs. Ths pocss s complx,

costl and tm consmng. ev noo and

cann s mpactd. Bt onc th hom s cland

and stod, png t smo lads to man

bnfts o th popt manag and th own.

W hav sn mo tml las-ps, whch lads

to ncasd nts and a v satsd clnt.

it s dntl woth th tm, nvstmnt and

commtmnt. Barb Casey, Kennedy Restoration

You find cigaretteburns in the carpet,

the vinyl, thecountertops. It doesa lot of damage.


7/16

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rl wll hlp y v my by rdc dm yr prpry,

prv r, d vd lbl y.

I you have tenants who smoke, youknow what it does to your property:

burn marks on the counters, yellowwalls, trashed carpets, a horrible odor,and worse. A no-smoking rule will help

you spend less time and money on cleaning, repairs and painting. It will keep

your units in better condition, making them more attractive to prospectivetenants and to buyers i you decide to sell.

The Hartord Insurance Company reports

that more people die in res caused bysmoking than by any other type o re.Smoking is the #1 cause o residential

re deaths in Oregon and Washington, causing more expensive propertydamage than most other types o res. A no-smoking rule will reduce therisk o res at your rental properties and you may even be able to get aninsurance discount. Ask your broker.

Several common law theories, includ-ing constructive eviction and breach othe warranty o habitability, have beenused to bring successul legal actionagainst landlords and smoking tenants.Tenants with certain disabilities may

also be able to request reasonable accommodations to protect them romsecondhand smoke. Ventilation and air sealing technologies are not efective

ways to eliminate secondhand smoke according to the American Society oHeating, Rerigerating and Air Conditioning Engineers.

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8/16

It started with acouple floors. We

told people that in ayear it would be non-smoking, and wed

give them resources tohelp them quit.

Policy Checklist

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9/16

D e v e l o p i N g Yo u r N o - Sm o k i N g r u l e

When you are opening a new building or complex, the easiest thing to do is

prohibit smoking rom the beginning. When converting an existing building

or complex, you may need to phase in the policy as you ll vacancies or as

leases are renewed. You can also go smokeree ater a certain date i you

ollow landlord-tenant law requirements, including giving advance noticeand having tenants agree to the changes in writing.

u r mpl l l r rdr rm hrh:

n www.mtomltaml.com 800-632-3007n www.ogonntalhosng.com 503-364-5468n www.stvnsnss.com 503-223-3137

Pl v wb www.mkhnW.cm

r ddl rrc.

No-

Smoking

Rules

Sample Lease Language

s M o K i n g : Due to the increased risk o ire,

increased maintenance costs, and the known

health efects o secondhand smoke, smoking

is prohibited in any area o the property, both

private and common, indoors and within 25 eet

o the building(s) including entryways, balconies

and patios. This policy applies to all owners, tenants, guests and

service persons. Tenants are responsible or ensuring that amilymembers, roommates and guests comply with this rule.

(i o a phasng n th polc)

All new and renewed leases in your building prohibit smoking

as described here. Please be aware that, until all leases have

been renewed, you may have neighbors whose current lease

does not prohibit smoking.

D e i n i t i o n

SMOKING: The term smoking means any inhaling, exhaling,

burning, or carrying any lighted cigar, cigarette, or other tobacco

product in any manner or any orm.



10/16

We do an addendum tothe lease, and tenants

have to sign it.

Helpul Talking Points

n Tnants and th amls wll bsa om fs.

n Th a wll b halth o vbod

who lvs n a non-smong bldng.

n Th wll b lss damag to th nts.

n A no-smong l s not a no-smo

l. Smos wll smpl hav to stp

otsd (as most smos alad do),and awa om th bldng.

n i a smo s ad to qt,

socs ncld th Tobacco Qt

Ln at 1-800-QuiT-NOW and Fdom

Fom Smong at l.r.


11/16

Talng to yo Tnants:

Giving your tenants advance notice about the no-smoking rule will help you gain compliance with thepolicy. You might want to go over and above yournormal procedures or announcing rule changes. Alittle bit o extra work at the beginning could help

you avoid headaches later on. Some landlords chooseto survey their tenants to nd out how many smoke inside their units,how many would preer a no-smoking rule, and how many would wantto move. SmokereehousngNW.com has sample survey questions and asample tenant handout to help you explain your rule to tenants.

Enforce

mentTips

How

t o

eN f o r c e

Yo u r

No

- Sm o k i N g

ru l e

tp r g t Cmply:

1. Advertise the units as non-smoking to attract tenants

who either dont smoke or only smoke outside. Talk to

prospective tenants about it when showing the property.

2. Put the no-smoking rule in the lease agreement and

read through the rule with tenants as they sign their lease.

3. Post signs in the building and on the property.

4. Inorm tenants that i they smoke in their units, they

will be nancially responsible or bringing the unit back to

rentable condition, which could cost thousands o dollars.

5. Use the same warning/enorcement methods or

smoking rule violations that you use or any other rule.

6. Visit the properties regularly and perorm inspections,

just as should always be done or all rentals.

7. Optional: Provide a designated smoking area outside,

away rom windows and doors (25 eet is a good distance).

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12/16


13/16

Q. Wh d i hv m -mk l?

A. A no-smoking rule will help protect your property rom damage and res.You will save money on turnover expenses because apartments will costless to clean, repair, and repaint. As more people become aware o thehealth hazards o secondhand smoke, no-smoking is an amenity thatmost Portland-Vancouver metro area tenants want.

Q. i -mk l ll?

A. Yes. It is legal to prohibit smoking at your properties, inside and out. It is yourproperty and you have the right to set reasonable rules to protect it. It is notdiscrimination to prohibit smoking. Keep in mind a no-smoking rule is not ano-smoker rule. Smoking is a behavior, not an inborn characteristic. It is nota disability and smokers are not a protected class. As when changing anyrule, be sure to ollow landlord-tenant law (give notice, have tenants sign

their agreement with the rule change, apply it equally, etc.).

Q. C i dp -mk l HuD-d h?

A. Yes. You can adopt a no-smoking rule or new tenants at HUD-assisted

housing, but you may have to grandather existing tenants until their

leases renew. I you want to change the model lease, you will have to

get HUD approval, but changes can be made to House Rules without

HUD approval.

Q. D -mk l wk ly hh d pp?

A. No. Many local landlords are already enjoying success with no-smokingrules at all kinds o properties, in all sections o the metro area. Threequarters o renters, even those with household incomes under $25,000,would rather live in a non-smoking building. Three out o our metro arearenters are nonsmokers. Our survey ound that only 19% o metro arearenters smoke on a daily basis, but only 11% smoke inside.

Q. My cmpl b cdhd mk. Wh c

i d b l h -mk l fc?

A. Ask tenants to smoke outside or away rom the building. You could tryto reduce the secondhand smoke driting between your tenants units bysealing the units of or by improving the ventilation, but be aware thatneither will eliminate the problem.

Questions

f r e q u e N t l Y a S k e D q u e S t i o N S



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L o c A L R e s e A R c H

Smokeree Rental Housing in the Portland Metropolitan Area, CampbellDeLong Resources, July 2006. www.smokereehousingNW.com

Opinions o Experienced Metro-Area Landlords Regarding Smoking

Policies & Practices, Campbell DeLong Resources, Inc. November 2006.

www.smokereehousingNW.com

H o u s i n G R e G u L A t i o n s

The Americans with Disabilities Act: Efective legal protection against sec-

ondhand smoke exposure Cliford Douglas. 2004. www.wmitchell.edu/

tobaccolaw/resources/douglas.pd

Analysis o the authority o Housing Authorities and Section 8 multiunit hous-

ing owners to adopt smoke-ree policies in their residential units Susan Schoen-

marklin, Esq. May 2005. www.tcsg.org/selp/public_housing24E577.pd

The Federal Fair Housing Act and the protection o persons who are dis-

abled by secondhand smoke in most private and public housing Smokeree

Environments Law Project. Sept. 2002. www.tcsg.org/selp/ha_01.pd

L e G A L A n A L y s e s

Inltration o secondhand smoke into condominiums, apartments and other

multi-unit dwellings Susan Schoenmarklin. April 2004. www.wmitchell.edu/To-

baccoLaw/resources/SchoenmarklinWeb.pd

There is no constitutional right to smoke Public Health Institute, Tech-

nical Assistance Legal Center. February 2004. www.talc.phlaw.org/pd_

les/0074.pd

s e c o n d H A n d s m o k e

The Health Consequences o Involuntary Exposure to Tobacco Smoke: A

Report o the Surgeon General. June 27, 2006. www.surgeongeneral.gov/

library/secondhandsmoke/

Environmental Tobacco Smoke Position Statement. The American Society

o Heating, Rerigerating, and Air-Conditioning Engineers. June 2005. www.

ashrae.org/doclib/20058211239_347.pd

F i R e s

2005 Annual Report. The Oregon State Fire Marshall. 2005. www.oregon.gov/OSP/SFM/docs/Data_Services/2005_Annual_Report_FINAL.pd

Fire in Washington. The Washington State Fire Marshal. 2004. www.wsp.

wa.gov/re/2004rpt.pd

r e F e r e N C e S :


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n Secondhand smoke kills 53,000 non-smoking Americans and 800non-smoking Oregonians every year.

n Secondhand smoke contains more than 43 cancer-causing agents andmany other toxins, including ormaldehyde, cyanide, carbon monoxide

and arsenic.

nSecondhand smoke exposure causes heart disease and lung cancerin adults and sudden inant death syndrome and respiratory problems

in children.

nThere is no risk-ree level o secondhand smoke exposure: even brieexposure adversely afects the cardiovascular and respiratory systems.

n Only smokeree environments efectively protect people romsecondhand smoke exposure indoors.

Resources

Vstwww.mkhnW.cm

o th ollowng socs:

Scondhand Smo Facts

r e S o u r c e S f o r l a N D l o r D S

n Order orm or signs & stickers.

nTenant Handoutto explain the beneits oa no-smoking rule.

n Sample Tenant Surveyto ind out how many

tenants would preer a no-smoking rule.

n Market Survey Report: Smoke-ree Rental Housing in the

Portland Metro Area.

n Landlord Focus Group Report Opinions o Experienced Metro-

Area Landlords Regarding Smoking Policies and Practices.n Fact sheet on Secondhand Smoke.

n Articles about HUD-assisted housing, the Fair Housing Act,

the American with Disabilities act, legal cases and how they

relate to secondhand smoke and no-smoking policies.




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The inormation and materials contained in this brochure are or inormational purposes only and are

not ofered or intended to be and should not be construed to be legal advice nor to be a substitute or

obtaining legal advice rom a licensed attorney.

Smo Hosng Advso Boad:

Mto Mlt-Faml Hosng Assocaton

Ogon rntal Hosng AssocatonCty o Portland Bureau o Housng & Communty

Development, Healthy Homes intatve

HosngConnctons.og

Fa Hosng Concl o Ogon

Talatn Vall F & rsc

knnd rstoaton

Hosng Athot o PotlandVancov Hosng Athot

Potland Dvlopmnt Commsson

Tobacco F Coalton o Cla Cont

Tobacco-F Coalton o Ogon

Tobacco F T-Conts

irCO/Asan Faml Cnt

LwosNatv Amcan rhabltaton Assocaton

Ogon Hman Dvlopmnt Copoaton

This project is unded by generous grants in Oregon rom Ameri-

can Legacy Foundation, Kaiser Permanente Community Fund at

Northwest Health Foundation and the Oregon Public Health

Division and in Washington from Community Choices 2010 and

Steps to a Healthier Clark County.

503.924.4094 503.988.4163 360.397.8000 ext 7378

A Landlords Guide No Smoking Policies

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