LMHA NO-SMOKING POLICY
LEASE ADDENDUM
PART I
A.Lessee agrees and acknowledges that the dwelling unit to be occupied by Lessee and members of Lessee’s household has been designated no-smoking. Lessee and members of Lessee’s household shall not smoke anywhere in the unit rented by Lesseeor in any common areas of the building. In addition, Lessee shall not smoke on adjoining grounds of such buildings or other parts of the rental community if such additional areas have also been designated no-smoking or smoke-free,nor shall Lessee permit any guests or visitors under the control of Lessee to do so.
B.Lessee acknowledges that Lessor’s adoption of a no-smoking designation for certain units does not make the Lessor or any of its managing agents the guarantor of Lessee’s health or of the no-smoking condition of the Lessee’s unit or any building common areas or any other parts of the premises that may also be designated no-smoking or smoke-free. However, Lessor shall take reasonable steps to enforce the no-smoking or smoke-free terms of its leases for designated no-smoking units. Lessor is not required to take steps in response to smoking unless Lessor knows of said smoking or has been given written notice of said smoking.
C.Lessee acknowledges that Lessor’s adoption of designated no-smoking units in the building and the efforts to designate rental units as no-smoking or smoke-free, does not in any way change the standard of care that the Lessor or managing agent would have to the Lessee household to render designated no-smoking units, common areas, buildings, and/or premises designated as no-smoking any safer, more habitable, or improved in terms of air quality standards than any other rental premises.
D.Lessor specifically disclaims any implied or expressed warranties that the Lessee’s unit, building, common areas, and/or Lessee’s premises will be free from secondhand smoke. Lessee acknowledges that Lessor’s ability to police, monitor, or enforce the agreements of this Addendum is dependent in significant part on voluntary compliance by Lessee and Lessee’s guest. Lessees with respiratory ailments, allergies, or any other physical or mental condition relating to smoke are put on notice that Lessor does not assume any higher duty of care to enforce this Lease provision than any other obligation hereunder.
SCHEDULE OF CHARGES FOR NO-SMOKING POLICY VIOLATIONS
PART II
LMHA policies prohibit smoking in any designated no-smoking unit or any unit within a smoke-free[1] building, and in all common areas in buildings including but not limited to hallways, lobbies, elevators, community rooms, laundry rooms, and management and maintenance offices. In developments that have designated outdoor smoking areas, smoking outdoors is only permitted in these areas. The no-smoking policy applies to staff, residents and their guests.
CHARGES FOR SMOKE-FREE BUILDINGS
Residents who live in 100% smoke-free buildings and violate the no-smoking policy by smoking or allowing their guests to smoke on the premises, except in designated outdoor areas, will be charged per the following schedule:
Fee1st Violation / $15.00
2nd Violation / $30.00
3rd Violation / $45.00
Upon the 3rd violation, the resident will also receive notification that any further lease violations pertaining to smoking may require a move from their current smoke-free unit to a public housing unit where smoking is permitted, such transfers to be governed by the public housing transfer policies of the Louisville Metro Housing Authority.
CHARGES FOR BUILDINGS WITH A COMBINATION OF SMOKING AND NO-SMOKING UNITS
Residents who live in amulti-family building with a combination of smoking and no-smoking units, and who smoke or allow their guests to smoke in a designated no-smoking unit, a common area inside the building or in undesignated outdoor areas will be charged per the following schedule:
Fee1st Violation / $15.00
2nd Violation / $30.00
3rd Violation / $45.00
After the 3rd violation, the resident will continue to receive a $45charge for each additional smoking infraction.
Management will provide written notice of all violations and charges. Notification will be mailed to the resident a minimum of 30 days prior to when the charge is due. All charges must be paid in full once they appear on the monthly rent statement. As further provided in the Lease, charges may be challenged through the Grievance Procedures, which are attached to the lease.
I agree that I have read and understand the Louisville Metro Housing Authority’s No-Smoking Policy, and agree to abide by all provisions of such No-Smoking Policy.
Resident ______Date ______
Resident ______Date ______
Property Manager ______Date ______
[1] A no-smoking unit is one in a building where smoking may be permitted in other units. A smoke-free unit is in a building where smoking is prohibited throughout.