GASP’s Smoke-Free Housing Talking Points to Use with Multiunit Housing Providers

January 2015

These talking points feature many of the messaging points developed through focus group research, surveys, and from the experiences and expertise of numerous individuals, groups, experts, and housing providers in Colorado and the USA. These talking points also include a few tips for people who are new to the issue. Most of these points are also provided in the 2014 Colorado Guide to Establishing No-Smoking Policies in Multiunit Housing.

Key Messages and Techniques

"Messages like 'good for business and for health’ and ‘higher profits and happier residents'

are safer bets."John Campbell Resources

You Are Not Alone

In Colorado, more than3,500 multiunit residential buildings with 80,000 units have 100% no-smoking policies that prohibit smoking anywhere inside and near buildings and/or the entire grounds. The growing list of properties is updated at

Thirty-three housing authorities have implemented or are phasing in no-smoking policies covering more than 700 buildings and 5,000 units including but not limited to: Akron, Aurora, Boulder, Boulder County, Carbondale, Delta, Denver, Eagle County, Estes Park, Fort Collins, Grand Junction, Grand County, Holyoke, Lakewood, Littleton, Longmont, Loveland, Rifle, Pueblo, Salida, and Wellington. Click here for the current list.

No-Smoking Policies Save Money by:

Reducing the costs of cleaning and repairing carpets, fixtures, and window treatments; priming and painting walls; and general maintenance. The cleanup damage caused by smoking in a two-bedroom, two-bathroom apartment may cost between $4,000 and $15,000 depending on the extent of the damage and equipment required. The costs of cleaning up a smoke-free apartment can be 80% to 90% less.

Decreasing air-treatment-system usage and utility costs (up to 30% less according to estimates by Marriott Hotels).

Loweringfire risks and fire damage. Cigarettes are a major cause of indoor fires; having a smoke-free building is safer for children, adults, seniors, and pets. Cigarettes caused 4% of all residential fires that resulted in 36% of all residential fire fatalities, 14% of all residential fire injuries, and 7% of all residential property loss in 2010, according to the Colorado State Fire Chiefs Association.

Lowering insurance premiums may be possible; negotiate with your insurance provider.

Improving property values. Less damagecausedbytobacco smokeanddiscardedcigarettes. Easier to rent or sell smoke-free homes.

Saving management and staff time by spendinglesstimedealingwith smoking-relatedcomplaints and issues.

Protecting thehealthof your residents,staff, and maintenance personnel.

Reducing the risk of lawsuits by people affected by exposure to secondhand smoke, fair-housing and disability complaints, and the use of constructive eviction claims.

Obtaining a free listing at mysmokefreehousing.com.

Happy and Healthy Residents Stay Longer

Most multiunit residents in Colorado preferlivingina nonsmokingbuilding.

Coloradansareusedto beingprotectedfrom exposuretosecondhand tobaccosmokein workplaces,restaurants, bars,andpublicplaces duetostateandlocal laws.Theyalsoexpect cleanindoorairintheir dwellings,andare entitled toliveinasafeandhealthyenvironment.Mostrenters, especiallypeoplewithchronichealthconditions, donotwanttosufferthehealth consequencesof breathinginsecondhandsmokewhenitdrifts intotheirresidences.

“More than 30 housing authorities in Colorado have found that implementing smoke-free policies in affordable housing makes good health sense for the residents and staff. In addition, they are finding smoke-free policies make good business sense by helping retain residents, and reducing the maintenance and other operational costs.” David Martens, Service Officer, Colorado NAHRO (National Association of Housing & Redevelopment Officials).

Attract and Retain Residents (There Is a Market Demand)

Most Colorado residentsdo not smoke and would prefer to live in a nonsmoking building. Therefore, a no-smokingpolicy will likely generate a greater interest in your property.

83% of Colorado’s adults do not smoke.

87% of Colorado households reported having smoke-free-home rules according to a 2012 Colorado State Tobacco Education and Prevention Partnership survey.

Surveys Indicate ThatMost Colorado Residents Support No-Smoking Policies in Multiunit Housing

66.3% of Boulder County Housing Authority’s residents in January 2008 — 61% participated.

65% of Lakewood’s Eaton Terrace Senior Residences in April 2008 — 98% participated.

64% of Longmont’s Inn Between homeless people and families in September 2008 — 78% participated.

70.5% of Salida’s Mount Shavano Manor residents in September 2008 — 90% participated.

100% of Alamosa’s Tierra Nueva farmer-worker residents in July 2009 — 62%participated.

61.9% of the Alamosa Housing Authority’s residents in September 2009 — 52.5% participated.

56% of the Denver Housing Authority residents in June 2011— 950 residents participated.

71% of the Delta Housing Authority residents in September 2011 — 65% participated.

86% of students enrolled in ten of Colorado’s universities and colleges, including CU, CSU, and UNC, would prefer to live in a smoke-free building— 2,500+ students participated.

IsItLegal to Prohibit Smoking in Multiunit Housing?

Colorado’sCleanIndoorAirAct prohibits smoking in all indoor common areas and specifically allows housing providers to prohibit tobacco and/or marijuana smoking in all or any part of their property, both indoors and outdoors.

Thereisnolegalorconstitutionalrighttosmoke tobacco or marijuana.

No-smoking policies are not discriminatory and do not violate fair-housing regulations. People who smoke are not a protected class according to federal or state law.

HUD allows and encourages the implementation of 100% no-smoking policies in public and federally subsidized housing (PIH notices 2012-25 and 2012-22).

CRS 25-14-206.Optionalprohibitions.(1)Theowneror managerof anyplacenotspecificallylistedinsection25-14-204,includingaplaceotherwiseexemptedundersection25-14-205,maypostsignsprohibitingsmokingorproviding smokingandnonsmokingareas.Suchpostingshallhavetheeffectof including suchplace,orthedesignatednonsmokingportionthereof,intheplaceswhere smokingisprohibitedorrestrictedpursuanttothispart2.

Tips to Implement a No-Smoking Policy in a Building

A no-smoking policy should cover all types of smoking, including tobacco, marijuana, electronic cigarettes, and other forms of “vaporizing.”

“Being organized with a written plan and time line made it easier to implement a no-smoking policy.“

Christine Smith-Dyer, former Asset Manager, Northeast Denver Housing

Involve residents in the process and determine their opinions and needs through surveys before and after implementation.

Seek advice from other housing providers who have no-smoking policies.

Educate residents about the health dangers of secondhand smoke and how smoking increases fire risk.

Provide stop-smoking resources like the Colorado Quitline at 1-800-QUIT-NOW, tobaccofreeco.org or coquitmobile.org.

Communicate the policy terms, effective date, and consequence of violations through meetings, in person, and in writing with signatures of all parties. You may want to consult an attorney.

Set up an enforcement protocol with management, staff and contractors.

Select a uniform effective date and a phase-in period as short as three to six months, but no more than a year. Do not use grandfather exemptions as these cause resident confusion and frustration, distrust of management; and these restrict how you may advertise and enforce the policy until the policy is fully in effect.

For the best policies for a building or a complex

Smoking should be prohibited:

• In allindoor areas and units

• On balconies, patios, and porches

• At all outdoor common areas

• At least 25 feet away from any part of a building.

See The Best Policy to Adopt.

Using “No-Smoking” vs“Smoke-Free”

Most housing providers are trained to avoid guarantees that can lead to a lawsuit. The terms you use show you understand the industry.

A No-Smoking Policy: If smoking is allowed outside on the property in designated areas, smoke may drift into building units and residents may be exposed to secondhand smoke when they go outside. This kind of policy is not a “smoke-free” policy and may lead to fair-housing complaints or lawsuits if “smoke-free” is used to describe the policy. When smoking is allowed in designated areas outside of buildings, using “no-smoking” is more appropriate. A no-smoking rule is something housing providers feel they can enforce. GASP recommends using no smoking or non-smoking if smoking is allowed anywhere on the grounds.

A Smoke-Free Policy: If smoking is prohibited anywhere on the entire property then GASP recommends using “smoke-free.”

TalkingPoints for Residents and Ways to Obtain Compliance

Talking Points

Engage residents and provide clear communications.

The indoor air quality: will be healthier and protect everyone from secondhand smoke exposure.

Safety: lower fire risks for residents and families.

Everybody is welcome: people who smoke are welcome but will have to step outside and away from the building to smoke

Less building damage and maintenance costs: may help management keep rental rates stable

Respect for your neighbors: smoke has no boundaries and can travel between units.

Obtaining Compliance

• Communicate the policy to prospective residents, employees, and visitors on a continual basis. Use signage, newsletters and advertising. Be clear that both guests and staff need to follow the policy.

• Visit the property frequently to observe compliance and establish a protocol for dealing with violations. Be consistent with enforcement of your non-smoking policy by documenting and investigating complaints promptly and taking action to ensure compliance

• Offer residents a safe and anonymous way to report violations.

• Maintain good sign placement throughout the property such as the international no-smoking symbol.

• Thank staff, managers, and residents for their cooperation and help.

Additional enforcement tools and techniques are available at mysmokefreehousing.org.

Tips for Meeting with Housing Providers

Ask questions and be in listening mode. Learn how they operate.

Be respectful of their time.

Bring educational materials.

Ask them if you can offer assistance or partner with them.

Protecting the Public’s Health

EachyearintheU.S.secondhandsmoke causesdiseaseandnearly50,000deaths fromheartdisease,lungcancer,and suddeninfantdeathsyndrome(SIDS), amongothers.

The2014U.S.SurgeonGeneral’sReport statesthatthereisnosafelevelof exposuretosecondhandsmoke.

More than 54% of Colorado adults who live in multiunit housing report smoke drifting into their apartment.

Secondhandsmokecannotbecontrolled usingventilationorair-cleaningsystems and upto50%of theairinmultiunithousing maybere-circulatedthroughoutan entirebuilding.

Electronic (or e-cigarettes) emit secondhand aerosols with harmful chemicals that are harmful to health like benzene, formaldehyde, isoprene, nicotine, n-Nitrosonornicotine, and toluene.

Secondhand smoke from marijuana can cause lung irritation, asthma attacks, and higher risk for respiratory infections. Exposure to the chemicals in secondhand smoke have been linked to lung cancer.

“Thescientificevidenceis nowindisputable:secondhand smokeisnotamereannoyance, itisaserioushealthhazard thatcanleadtodiseaseand prematuredeathinchildrenand nonsmokingadults.”

–RichardCarmona

FormerU.S.SurgeonGeneral2006

“Nocleaning, ventilationorair-cleaningtechnologies... controlhealthrisks fromenvironmental tobaccosmoke exposureinspaces wheresmokingoccurs.”

AmericanSocietyof Heating,Refrigerating andAirConditioning Engineers

Web and Other Resources

The GASP advocacy center provides additional housing resources for health partners and STEPP contractors.It includes materials on the best practices, policy tips, sample media materials, and recorded conference calls with experts, and provides some presentations. Contact GASP for the log in and password to this site.

Mysmokefreehousing.org: Provides resources for housing providers and residents to help implement smoke-free policies in residential multiunit buildings, including sample policies, fact sheets, signs, links to other groups working on smoke-free housing, and more.

Mysmokefreehousing.com: A listing of multiunit residential buildings in Colorado that have no-smoking policies for their entire building or property.

SmokefreeColorado.org: Provides information about the Colorado Clean Indoor Air Act, free signs, and other materials.

SE2 Smoke-Free Housing Tool Kits: SE2 has created a tool kit on smoke-free housing that includes messaging, posters, advertisements, and other materials. Contact CDPHE for more information.

For additional information, additional resources, and materials, contact:

Pete Bialick

Group to Alleviate Smoking Pollution (GASP of Colorado)

Click here to contact by e-mail.

303-444-9799

Jill Bednarek, MSW

Colorado Department of Health and Environment (CDPHE)

303-692-2475

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