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Memo - Update on Smoke Free Policy DiscussionMEMO To: Hopkins City Council From: Stacy Unowsky, Public Housing Manager Date: October 7, 2010 Subject: Update on Smoke Free Policy Discussion Smoke Free Policy HRA staff distributed a smoking survey to all Dow Towers residents following our work session in August. The results of the survey and the comments received are included in your materials for the work session. Live Smoke Free provided their expertise at an educational resident meeting on September 29th regarding the dangers of second hand smoke in rental properties. The session was a great opportunity for factual information to be shared and for questions. Approximately, one third of our residents attended and all of them left the meeting with a better understanding of the dangers of second hand smoke and how the overall health of everyone is being negatively impacted currently due to smoking within Dow Towers. Additional information is included related to next steps for Dow Towers in relation to adopting and implementing a smoke free policy. The materials are for discussion and further consideration and may be revised or help guide us in further discussion during our work session on this issue. If you have further questions about any item related to the administration of the public housing program please let me know. Comments from Dow Towers Smoking Survey 54 respondents, 26 w/comments (#) = total number of comments expressing similar opinion. Some respondents expressed multiple opinions that are represented in more than one area. Generally in favor: (8) Great idea; for health of all, please do it; help. • (4) No ill -will toward smokers, but resent smoke in halls, elevators, ash trays by entrances, people smoking at front door. • (2) It would be ideal to be smoke-free, but change will cause bitter feelings. Incentive to quit. • Building wasn't designed to prevent smoke from entering public areas. Concerned about pet exposed to smoke. Generally in opposition: • (5) Not being allowed to smoke in own home infringes freedom. • (4) No smoke comes out my door; towels can be put under door; air purifiers can be purchased. • (2) Feels disabled who take meds of all kinds for panic attacks, anxiety, etc., handicapped, recovering alcoholics and respondent use smoking for calming, controlling and coping, which should be considered before changing policy. • Many are using patio and outside areas to smoke (thus minimizing problem). This is people's home; not sure it's legal. • Progressive bullshit. • I would move. • (My) reaction to secondhand smoke is positive and pleasurable, enjoy smoking in unit. Questions: • How would smoking within apartment be "policed," stronger smoke detectors? • Would new regulation require new lease? • Would regulation apply to all, incl. mentally impaired & elderly? • If regulation were violated, what would be consequence? • Would smoking area be inside or outside? • Would residents who smoke be grandfathered in? • If forced to move due to smoke-free policy, would HRA -HUD be liable for moving expenses? Other suggestions: • Designate smoking/non-smoking floors. • Get rid of aftershave, perfume, cleaning products, flowering shrubs (allergies). • More concern about alcohol & drug abuse than smoking. We Smoke Free a Today's Date: October'6, 2010 Phase One: Thinking About a Policy ✓ Present potential polity and background Information to HRA Board ✓ Conduct a tenant survey & review results—July 2010 ✓ Present to residents the facts about secondhand smoke exposure in multi -unit housing and provide a forum to voice concerns about a potential policy—September 29, 2010 ✓ Re -survey those who attend the tenant presentation — September 29, 2010 o Present survey results and policy recommendations to HRA Board —.October 12, 2010 Phase Two: Adopting a Policy o Set a "Smoke -Free Date". This means decide when you would like the building to be completely smoke free and work backward set out steps. o Take inventory of all lease renewals to begin setting up a timeline to meet your Smoke -Free date. o Decide policy details and include this in lease addendum o State policy start date. o Which areas of the property will be covered? o How will the policy be enforced? o Will there be an incentive for residents to sign the smoke-free policy early? o Notify residents of the upcoming policy change through a letter, flyers, and newsletter inserts o Provide a 30 -day opportunity for tenants to review the policy and make written comments on any changes to lease before adoption by HRA. o Give 60 day written notice in advance of effective date o Initiate all new leases with the smoke free policy Phase Three: Implementing a Policy o Implement the smoke-free policy for current residents as lease renewals come up or if tenants sign smoke-free lease addendum early. o May terminate the tenancy if tenant fails to accept lease revision as long as proper notice and time period for acceptance (60 days) is provided. o Also, HRA may terminate tenancy for serious or repeated violation of material terms of the lease. o Send a reminder announcement to residents a few days prior to the policy's implementation. o Take an inventory of your property to determine where signs are needed o Ordersigns and schedule maintenance to install signs. o Start developing a press release about your new policy (Cassandra has a mock up) o Get approval from City to submit a press release o Post signs in and around the building to remind residents and guests o Coordinate with Cassandra in hosting a smoke-free celebration when all units are finally smoke-free (compliments of Live Smoke Free) o Advertise your smoke-free status in all advertising, City website, and our free online directory. Proposed Timeline: December 1St Notify the residents that the Board approved a smoke-free policy and now is the time for them to review the, proposed policy details and provide written comments. January 1St Provide residents written 60 day (in your case 6 months) notice of policy change and an opportunity to sign addendum early if renewal is not up yet. April 1St Policy Start Date for all new residents and early addendum signers. Only those residents who were grandfathered in until lease renewal period are allowed to smoke in their units. June 1St Every lease renewal will need to include a smoke-free addendum. If you have any questions or changes regarding this proposed timeline, please contact Cassandra Stepan at Live Smoke Free. Live Smoke Free Association for Nonsmokers — Minnesota 2395 University Ave W Ste 310 Saint Paul, MN 55114 Phone: 651.646.3005 Fax: 651.646.0142 Email: ccsPansrmn.org Web: www.mnsmokefreehousing.org IV Ir haNNESOre�s ISION f 'm ikrrrSiuioy iduildi This work was made possible through funding from the Minnesota Statewide Health improvement Program (SHIP) of the Minnesota Denartment of Health. We Smoke Free Smoke -Free Policy for Hopkins Housing & Redevelopment Authority To insure that quality of air and the safety of residents in Dow Towers, the Hopkins Housing & Authority has declared that the building located at 22 Fifth Avenue S is a smoke-free building. Smoking is not permitted in any area of the building including apartments [except for residents with temporary exemptions from this policy, as described- below). Smoking is only permitted in specifically designated areas, if any, outside of the building. Adopted: January 1, 2011 Live Smoke Free A Program of the Association for Nonsmokers --Minnesota 2395 University Avenue West, Suite 3101 St. Paul, MN 551141512 Phone: 651-646-30051 Fax 651-646-0142 l Web site: www.mnsmokefreehousino.ora This work was made possible through funding from the Minnesota Statewide Health improvement Program (SHIP) of the Minnesota Deaaitment of Health. MII�7NF.SOTA5 IVO1 \ IHVIS Ba)w Skate of Hw1th Smoke -Free Housing Policy Hopkins Housing & Development Authority (HKMA) October 1, 2010 Page 2 1. Smoking is not permitted anywhere in the building, including apartments, in accordance with the following guideline. Effective on [date of adoption], all current residents, all employees; all guests, and all new residents of Dow Towers after this date will be prohibited from smoking anywhere in the building, including in apartment units. [Any current resident as of [date of adoption of policy] who smokes must sign and date two (2) copies of the temporary smoking exemption form allowing them to smoke in their apartment. One copy should be returned to the Housing Authority office for placement in resident's file. This exemption will continue only until the date of the resident's lease renewal, at which time the smoke-free policy will also apply to the resident.) 2. [This section applies if exemption policy is provided.] Any resident with an approved exemption .must not smoke in any unit other than their own. Any resident with an approved exemption must not allow anyone not on their lease to smoke in their unit at any time; this includes guests and other residents. 3. Any deviation from the smoke-free policy by any tenant, a member of their household, or their guest will be considered a lease violation. Three (3) violations will result in eviction. 4. "No Smoking" signs will be posted outside and inside the building. 5. Smoking outside the building is limited to the following area(s), if any: [describe location]. 6. If a resident smells tobacco smoke in anyplace in the building, they are to report this to the office as soon as possible. Management will seek the source.of the smoke and take appropriate action. 7. [This section applies if exemption policy is provided.] For the health and safety of the Hopkins Housing & Redevelopment Authority employees and their representatives, no resident shall have any type of tobacco or related product burning at such time as any employee or representative of the Hopkins Housing & Redevelopment Authority enters and remains in your apartment unit. If any resident refuses to put out the burning tobacco or related product prior to the employee or representative entering the apartment, or if the resident lights a tobacco or related product while an employee or representative remains in the apartment, the employee or representative shall vacate your apartment immediately and shall not return until such time as there is no longer any tobacco or related product burning. This may result in a delay of services in your apartment. Smoke -Free Housing Policy Hopkins Housing & Development Authority (HRA) October 1, 2010 Page 3 8. New residents will be given two (2) copies of the smoke-free policy. After review, the tenant will sign both copies and return one to the Hopkins Housing & Redevelopment Authority's office. The copy will be in the resident's file. 9. Upon adoption of this policy, all residents presently living in Dow Towers will be given two copies of the policy. After review, the resident will sign both copies and return one to the Hopkins Housing & Redevelopment Authority's office for placement in the resident's file. RESIDENT CERTIFICATION I have read and understand the above smoke-free policy and I agree to comply fully with the provisions of the policy. I understand that failure to comply may constitute reason for termination of my lease. Resident Signature: Apartment Number: Date: Sample Letter to Notify Tenants of Smoke -Free Building Policy rDATE1 Dear Residents, In order to provide a healthier environment for our residents and guests, our property has decided to go completely smoke free. The harmful effects of secondhand smoke and the fire dangers caused by smoking indoors are simply too great to ignore. The common areas in your building are already smoke free In accordance with the Minnesota Gean Indoor Air Act (this includes hallways, exercise areas, laundry rooms, and enclosed garages). A smoke-free policy for all individual units will be phased in as leases are renewed. Hazards of Secondhand Smoke Secondhand smoke is a serious health hazard. It is the third leading cause of preventable death in the United States, causing approximately 49,000 deaths each year. In 2003, 66,699 adults and children in Minnesota were treated for conditions caused by secondhand smoke, such as respiratory illness, asthma, lung cancer, and heart disease. The 2006 Surgeon General's report, "The Health Consequences of Involuntary Exposure to Tobacco Smoke," states that there is no risk-free level of exposure to secondhand smoke. Secondhand smoke is particularly dangerous to children and has been linked to childhood asthma, low birth weight, ear infections, and Sudden Infant Death Syndrome. Fire &Isk Smoking is the leading cause of fire death in the United States and in Minnesota. Fres can start on decks and porches as well as in units. According to the National Fire Protection Association's report "The Smoking -Materials Fire Problem,' one in four (24%) victims who die in residential smoking-related fires is not the smoker whose cigarette started the fire. Fires caused by smoking are costly, deadly, and leave many people with damaged property and no place to live. We want to protect our residents from these dangers. Ventilation is not Effect'he Research conducted during air movement studies have shown that secondhand smoke travels from unit to unit. The smoke can seep through elecbical outlets, heating and duct work, and structural gaps. The remodeling required to prevent secondhand smoke from traveling to another residence can be costly and ineffective. The only effective way to stop the spread of secondhand smoke Is by adopting a smoke-free policy. Our Build'ing's New Smoke -Free Policy Effective rdate_for new tenantsl, all tenants signing new leases will be required to sign a smoke-free lease addendum that explains the policy. All current tenants will be required to sign a smoke-free lease addendum during their lease renewal process. We.antidpate the transition to becoming a smoke-free building to be completed .by (date all tenants wilt have signed smoke-free le se addenduml. The smoke-free policy will cover all individual units and all common areas fif applicable list other smoke-free places gn proRgr_ 1. Ail residents and guestp will be required to follow this policy. Please consider this letter as notice about the changes that will be taking place upon renewal of your lease. We hope this policy will help everyone breathe easier and live healthier. Please have all adults living In your unit sign the enclosed form and return it to the management within one week. If you have any questions about this policy, please contact management. Thank you, Property Manager/Owner rew-41 r_ All adults living In a unit must sign below and return tD the management within one week. If this form is not signed and returned within one week, management will assume that residents have chosen not to adhere to the smoke-free policy and will begin the lease termination process. Adult #1 I understand and agree to abide by the smoke-free policy to begin at my lease renewal. Name: Signature: Apartment Number: Date: Adult #2 I understand and agree to abide by the smoke-free policy to begin at my lease renewal. Name: Signature: Apartment Number: Date: Adult #3 I understand and agree to abide by the smoke-free policy to begin at my lease renewal.. Name: Signature: Apartment Number: Date: Adult #4 I understand and agree to abide by the smoke-free policy to begin at my lease renewal. Name: Signature: 'Apartment Number: Date: '' Lease Violation Warning Letter Date: Dear Tenant Name, As stated in your lease agreement, Hopkins HRA has a no -smoking policy that is stated in your lease. This decision was made to protect the health of all tenants from the. adverse effects of secondhand smoke. A decision was also made to protect our building(s) from damage to the units and an increased risk of fire. On date/time you were reported smoking in violation of the lease agreement. Details: Tenants who violate the terms of their lease are subject to the penalties outlined in the lease agreement. If you violate the terms of the lease again, we may take appropriate action, including terminating your lease. If you are interested in quitting, help is available at QUITPLAN 1 -888 -354 -PLAN (7626) and you'll be directed to a counselor, either through your health insurance or through QUITPLAN Services if you do not have coverage. We appreciate your attention to this matter. If you have any questions or concerns please feel free to contact me at 952-548-6345. Sincerely, Stacy Unowsky Public Housing Manager