Tobacco Information For Property Managers and PHAs

Cigarettes and other smoking materials can cause fires in residential buildings. These fires can claim the lives of Rhode Island tenants, neighbors, passerby, pets, and emergency responders. They also result in millions of dollars in damaged property and healthcare costs.

Fires often result when somebody falls asleep while smoking, or when a lit cigarette is dropped or thrown away. Lit cigarettes can lie in furniture or bed linens and smolder for up to 45 minutes. The smoke from a smoldering cigarette contains carbon monoxide and other toxic gases that can cause people to lose consciousness, putting them at greater risk of injury or death from a fire.

Smokefree policies in apartments and other multifamily homes reduce the risk of cigarette-related fires, damages, and deaths because they eliminate smoking in the building.

Source: Hillel R. Alpert, Tobacco Control Legal Consortium, Regulating Cigarettes for Fire Safety (2007).

Going smokefree can help you:

• Attract more residents. Most tenants prefer smokefree housing, and many lose interest in a unit if they smell smoke when viewing the property.
• Reduce conflict among residents. Secondhand smoke complaints typically drop after a smokefree policy goes into effect.
• Improve the health of your residents and guests. No ventilation system is advanced enough to prevent secondhand smoke from traveling through buildings. The only way to prevent secondhand smoke - and to protect people's health - is to make the building smokefree.
• Reduce potential legal liability. You are responsible for keeping your building "in a fit and habitable condition." Residents in other states have won lawsuits based on exposure to secondhand smoke.
• Potentially reduce your insurance premiums. Some companies may offer discounts on general liability insurance premiums if you implement a no-smoking rule, since this reduces the risk of property damage.
• Reduce operating costs. It costs less to prepare an apartment for a new resident when the previous resident did not smoke in it.

Costs to Rehabilitate a Unit Where Smoking is Prohibited vs. a Unit Where Smoking is Allowed:

Data reflects surveys from housing authorities and subsidized housing facilities in New England. Collected and reported by Smoke-Free Housing New England 2009.

People who smoke are not a protected class under any state or law. Smoking is not a legal right, and smokefree policies do not infringe on the legal rights of others. Both public and private facilities have the right to adopt smokefree policies. You can make your entire property smokefree, indoors and outdoors.

For new buildings with no residents in them yet, start fresh. Advertise all units as smokefree. Post signs indoors and outdoors reminding residents and visitors of the smokefree policy. Include a smokefree policy in the lease, and review it with residents as they sign the lease.

For existing buildings with residents:

1.  Involve your residents in the process of going smokefree. Asking questions like "Has secondhand smoke from another unit ever bothered you?" or "If available, would you prefer to live in a smokefree environment?" can help you draft a smokefree policy that has buy-in from your residents.
2. Draft the policy. Incorporate the smokefree policy into existing leases using a no-smoking addendum. Have a process for dealing with violations and complaints in writing.
3. Communicate the incoming change in many ways. This could mean sending letters to your residents, holding public meetings, posting signs in common areas, and discussing the benefits of a smokefree building.
4. Give plenty of notice to your residents that a smokefree policy is coming; at least 90 days is recommended so they can make adjustments.
5. Offer support to those who smoke by connecting them to free resources to help them quit, such as QuitNowRI.com.

Remember: tobacco and nicotine products are addictive, and many people take multiple attempts to quit for good. Be friendly but firm when responding to someone who has violated the smokefree policy. Remind the person of why the smokefree policy was implemented and what resources are available to help with quitting. Try this:

• Meet with the resident informally and follow up with a warning letter acknowledging the conversation and outcome. Remind the resident about the smokefree policy, the reasons it was implemented, the circumstances of the violation, and what quit-smoking resources are available.
• Conduct a "knock and talk." The resident does not have to let you in, but if the door opens, it is an opportunity to have a friendly talk about the policy. Remind the resident of the policy, why it was implemented, and if they are interested in quit-smoking resources.
• Send a warning or caution letter reminding the resident of the policy. You can place this under the resident's door accompanied by a knock.

If one or more residents violates the policy multiple times, you may need to revise your policy to make sure all residents understand it and the consequences of continued violations are clear. If the resident continues to violate the policy, try this:

• Document each violation in writing. Be detailed about each incident and how you attempted to address it.
• Consider reaching out to family members and service providers like home health aides, personal care attendants, or social workers to help residents comply.
• Consider working with a mediator to help residents resolve disagreements over the policy.
• Always confer with an attorney prior to pursuing a termination notice. Evicting a resident should be your last resort, but it may be the only way to protect your other residents from secondhand smoke.