PowerPoint Presentation Landlord Awareness

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Smoke-Free Multi-Unit Dwellings Are Coming -- How
Were Going to Make it Happen Toronto, Ontario
November 28, 2007
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Jim Bergman, J.D. Smoke-Free Environments Law
Project The Center for Social Gerontology, Inc.
Ann Arbor, Michigan www.mismokefreeapartment.org
www.tcsg.org/sfelp/home.htm
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• SHS in apts affects millions of people
• Secondhand smoke cannot be controlled
• Health risks the same as elsewhere
• Tenants want smoke-free apartments
• Increasing numbers of complaints about secondhand
  smoke infiltration in apts
• Its legal to do
• Good deal for landlords

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Ontario, 32 of dwelling units are
renter-occupied. Toronto CMA 37 rental City
of Toronto 49 rental -- Statistics Canada,
2001 Census
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Ontario about 3,783,822 people live in rental
dwellings Toronto CMA 1,623,456 people City
of Toronto 1,254,231 people -- Statistics
Canada, 2001 Census
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In 2005, 64 of households in Canada were totally
smoke-free Ontario 71 smoke-free British
Columbia 77 smoke-free Quebec 43
smoke-free -- 2005 Canadian Community Health
Survey
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In 2005, 40 of households in Canada were totally
smoke-free Ontario 46 smoke-free British
Columbia 52 smoke-free Quebec 23
smoke-free -- 2005 Canadian Tobacco Use
Monitoring Survey
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Smoke-free homes are the norm, not the exception,
in Toronto Ontario But, most apartment
condo buildings are not smoke-free. A family
with a smoke-free policy in their apartment or
condo can easily have secondhand smoke intrusions.
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Secondhand smoke spreads throughout multi-unit
dwellings Air quality studies in apartment
buildings show that anywhere from 5 to 60
of the air in apartment units comes from other
units in the building.
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Secondhand smoke cannot be controlled by
ventilation or air cleaning On June 30, 2005,
the American Society of Heating, Refrigerating
Air-Conditioning Engineers (ASHRAE) issued their
latest position document on secondhand smoke.
It states At present, the only means of
effectively eliminating health risk associated
with indoor exposure is to ban smoking
activity. www.ashrae.org
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• It is a Group A carcinogen -- a substance known
  to cause cancer in humans for which there is no
  safe level of exposure.

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• It is a Toxic Air Contaminant, putting secondhand
  smoke in the same category as the most toxic
  automotive and industrial air pollutants.

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• There is no risk-free level of exposure to
  secondhand smoke. Breathing even a little
  secondhand smoke can be harmful.
• The only way to fully protect yourself and your
  loved ones from the dangers of secondhand smoke
  is through 100 smoke-free environments.

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• Ipsos Reid poll in 2006 found 64 of all
  multi-unit dwellers in Ontario would choose a
  unit in a smoke-free building over one where
  smoking is permitted
• Healthy Androscoggin in Auburn, Maine surveyed
  850 tenants 76 would choose to live in a
  smoke-free apartment complex
• Twin Cites (MN) random sample survey -- 55 of
  renters said they had moved or would move from an
  apartment because of secondhand smoke seepage
• For opinion surveys www.tcsg.org/sfelp/public.htm
  

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• Most tobacco control programs now receive more
  complaints from people about secondhand smoke
  seepage in
• apartments than any other complaint
• Tenants beginning to realize they dont have
  to accept this problem
• Tenants aware of dangers of secondhand smoke

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• 1) They dont think its legal to do so
• 2) Economic concerns that cut two ways a) fear
• that they wont be able to rent units but b)
  know
• that units with smokers cost much more to rehab.
• 3) Not sure how to transition buildings with
• smokers to smoke-free status.
• 4) Questions about enforcement of SF policies.
• 5) Inertia housing industry is lagging behind
  the
• market and the desires of tenants for SF housing.

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• Apartment owners are permitted by federal and
• provincial law to adopt total smoke-free
  policies.
• There is no right to smoke enshrined in Canadian
• law.
• Smokers are not a protected class nor recognized
• as having a disability under the Canadian Charter
• of Rights and Freedoms.

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• Tenants who are bothered by secondhand smoke
• entering their unit from nearby units do have
  some
• forms of legal recourse to protect themselves.
• Tenants can take legal action against landlords
  who
• dont make adequate provisions to protect them
• from secondhand smoke.

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The market for smoke-free housing is huge About
80 of adults dont smoke About 90 of persons
65 dont smoke Many smokers dont want smoke in
their home Most apartment buildings allow
smoking the marketplace is way behind demand
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Smoking damages residential property Poses
fire hazard Causes cigarette burn damage and
stench to carpets, counters, etc. Leaves
smoke residue on walls and curtains, etc.
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Smoking residue increases cost of rehabilitating
apartment when smoker moves out Landlords
estimate it costs 500 to 6,000 more to rehab an
apartment in which a smoker lived than a
non-smoker.
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About 13 of home fires in Ontario are caused by
cigarettes and smokers articles. (Cigarettes
are 1 cause of home-fire deaths.) Fire damage
can cause apartment units to go off-line for
months. Water and smoke damage to adjoining
units can take them off-line, as well. Former
residents have to find alternative housing and
probably wont return.
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To implement a smoke-free policy in a multi-unit
dwelling where smoking residents already
reside Establish a date on which all new
residents must not smoke inside. Decide how
much time current resident smokers will have
before their lease will include the smoke-free
requirement (aka grandfathering).
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Private and public landlords uniformly report
that enforcement is not an issue Residents
consistently follow the rule Violators of the
smoke-free rule are most likely violators of
other rules Eviction possible rarely, if
ever, occurs
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Major media efforts, including housing trade
media Joining apartment management
associations Promoting word-of-mouth among
housing leaders about the value of smoke-free
policies Working with newspapers online
apartment listing operators to add smoke-free
as an amenity item Promoting smoke-free as
an amenity item that should be used in marketing
by apartment owners/managers
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1st it is ridiculed 2nd it is violently
opposed 3rd it is accepted as being
self-evident We avoided much of the first 2
stages by taking a voluntary approach, involving
local partners, being knowledgeable, being
accessible, using media, and working hard.
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Voluntary approaches being used in most states
and localities, including MI, ME, MN, UT, OR,
WA, MD, OH, NY, NYC, CA, NJ, WV, WA, HI, ID, MA,
etc. Also in all the Canadian Provinces where
this is being worked on. Legislative approach
being tried in California. Also, used to some
extent in Utah in 1990s.
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MISmokeFreeApartment initiative begun in Michigan
in 2004 because Other remedies, including
legal, werent getting the results we hoped
for. We thought landlords would adopt
smoke-free policies if they were sure it was
legal. We didnt think a legislative approach
would succeed at this time.
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To make smoke-free multi-unit housing the norm
in Michigan
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• MISmokeFreeApartment web site info materials
• Assistance from SFELP local partners
• Press releases and media initiatives
• Postcard mailings to landlords
• Surveys of smoke-free apartment availability
• Listing of smoke-free apartments on web site
• Radio ads
• Billboards

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Local health departments and coalitions. Michiga
n Dept. of Community Healths Tobacco
Section Smoke-Free Environments Law Project
(SFELP)
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Virtually no smoke-free apartments or
condos could be found in Michigan in private
or public housing Most landlords thought it
was illegal to have a smoke-free policy
Most newspapers thought it was illegal to
allow ads saying no smoking or SF Most
tenants didnt realize they had some rights
to smoke-free housing
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• Many tens of thousands of units of SF market-rate
  apartments and condos in Michigan
• Plus, well over 6,000 units of SF affordable
  multi-unit housing in Michigan
• 23 public housing commissions in MI have adopted
  SF policies (all in 27 months)
• Most newspapers now allow smoke-free ads
• Some online apt listing services now have
  smoke-free as an amenity item

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Smoke-Free Housing Commissions
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Michigan Cancer Consortiums Spirit of
Collaboration Award 2006 All I can say is Wow!
They made an impact from the Upper Peninsula to
Southeast Michigan! - Reviewer
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• www.mismokefreeapartment.org
• Smoke-Free Environments Law Project
  www.tcsg.org/sfelp/home.htm
• Smoke-Free Environments Law Project
• The Center for Social Gerontology, Inc.
• 2307 Shelby Avenue
• Ann Arbor, Michigan 48103
• 734 665-1126
• jbergman_at_tcsg.org