F IRST ANNIVERSARY OF THE HUD SMOKE - FREE HOUSING RULE : S UCCESSES - - PowerPoint PPT Presentation

2 7/25/19

FIRST ANNIVERSARY OF THE HUD

SMOKE-FREE HOUSING RULE:

SUCCESSES, CHALLENGES, AND

NEXT STEPS

PRESENTERS

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Rachel Callanan, Public Health Law Center Kara Skahen, ANSR-MN Deborah Thrope, National Housing Law Project Mike Freiberg, Public Health Law Center

AGENDA

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• The benefits of smoke-free housing (Kara Skahen)
• Overview of the HUD smoke-free housing rule (Mike

Freiberg)

• Effective and Equitable Smoke-Free Public Housing

(Deborah Thrope)

• Enforcement Challenges (Deborah Thrope and Mike

Freiberg)

• Smoke-free housing policies beyond public housing

(Mike Freiberg)

• Resources (Rachel Callanan)
• Q & A

Thanks to our funder:

THE PUBLIC HEALTH LAW CENTER

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LEGAL TECHNICAL ASSISTANCE

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Legal Research Policy Development, Implementation, Defense Publications Trainings Direct Representation Lobby

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Image credit: Sam Bradd https://drawingchange.com/gathering-wisdom-visuals-for-a-healthy-future/

POLLING QUESTIONS 1 & 2

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1) Who is on the call today? a) Public housing administrator or manager b) Attorney c) Public health professional d) Resident service provider e) Resident 2) In which part of the country do you reside? a) NE b) SE c) Midwest d) NW e) SW

The Benefits of Smoke-Free Housing

Kara Skahen

Why smoke-free housing?

Ø Protected

investments

Ø Protect vulnerable

populations

Ø Help obtain funding

to build affordable or green housing

Everyone deserves a safe, clean, healthy, affordable place to live. Ø Promote health equity Ø Increase cost savings Ø Reduced legal liability Ø Reduced fire risk Ø Potential insurance savings

Support is growing nationally

Voluntary policy adoption has been steadily increasing nationwide for the past decade, especially in market rate housing To address growing health disparities, in 2016 HUD announced a rule that all public housing must be smoke free Cities and counties are now adopting smoke-free air incentives and

• rdinances

Ø Saved an estimated $521 million per year Ø Protected over one million households from the harms of second and third- hand smoke, including children and the elderly Ø Helped residents quit smoking Ø Given a voice to residents suffering due to SHS exposure Ø Increased awareness

• f cessation

resources available Ø Promoted broad discussion of healthy housing issues

SMOKE-FREE PUBLIC HOUSING HAS…

Ø Partnering with residents is key to success and promoting compliance Ø Success takes time and commitment Ø Seek out mentors and community resources Ø Remember: goal is to promote clean, healthy air for everyone, but this should be done fairly. Ø Access CAFA’s Compliance and Enforcement toolkit here:

www.smokefreepublichousingproject.org

LESSONS LEARNED

Resources available

Ø Compliance and Enforcement Toolkit Ø Foundations for a Successful Smoke-Free Policy Ø Bi-monthly manager and resident service provider/resident ‘Connect Calls’ Upcoming in-person trainings: Ø NAHRO Conference in San Antonio in October Ø 8/26 NCTOH Ancillary Session: One Year Later- Lessons Learned from Smoke-Free Public Housing

www.smokefreepublichousingproject.org

CONNECT WITH US

info@smokefreepublichousingproject.org 651-646-3005 x301 www.smokefreepublichousingproject.org

HUD RULE OVERVIEW

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HUD RULE – WHAT?

• Public housing

– Except mixed-finance – Scattered sites & single- family properties

• Prohibited tobacco

products – Combustibles (cigarettes, cigars, pipes, etc.) – Waterpipes (hookahs) – Does NOT include e-cigs

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HUD RULE – WHERE?

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• All indoor areas

– Living units – Interior areas (hallways, rental & administrative

• ffices, community centers, day care centers,

laundry rooms, etc.)

• All outdoor areas within 25 ft. of buildings (or to the

property boundary where 25 ft. is not feasible) – Entrances & windows – Decks, patios, balconies

• No grandfathering

HUD RULE – WHERE?

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• No grandfathering
• PHAs can add

requirements to make their smoke-free policies more comprehensive than the HUD rule

HUD RULE – HOW?

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• Amend PHA plans

– Significant amendment? Check PHA plan criteria. Likely yes. – 5 year plan / Annual plan

• Amend all tenant leases or house rules

– Model smoke-free lease / lease addendum – Model smoke-free house rules

• Resident engagement (e.g., public meetings)
• Board approval

LOCAL DISCRETION

In addition to HUD rule requirements, PHAs may –

• Restrict use of e-cigarettes
• Make property 100% smoke-free
• Increase building setbacks past 25 ft.
• Add additional outdoor restrictions

(playgrounds & picnic tables)

• Include designated smoking areas
• At least 25 ft. from buildings

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POLLING QUESTION 3

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3) What is a concern you have heard about the HUD smoke-free housing policy? a) It is not being enforced b) It is being enforced unfairly c) There is confusion about policy details d) There is no resident engagement e) There is a lack of staff capacity to maintain the policy f) Other (type in chat box)

Effective and Equitable Smoke-Free Public Housing

Public Health Law Center Webinar July 23, 2019 Deborah Thrope dthrope@nhlp.org

Effective Smoke-Free Policies

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• Ability of PHA to regulate smoking on its

property

• Leads to improved public health due to a

reduction in second-hand smoke, cost- savings, and other positive outcomes

Equitable Smoke-Free Policies

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• Ability of PHA to work with residents and

support compliance with smoke-free rules

• Avoids eviction and other negative
• utcomes for tenants
• Recognizes that both smoking and non-

smoking families deserve a safe and stable home

Equitable Implementation

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• Collaborate with residents and other

stakeholders

• Provide information to tenants about

cessation services and access to free/low- cost health care clinics

• Consider including in a smoke-free policy:

Ø Designated smoking areas Ø A reasonable accommodation policy specific to smoking

Equitable Enforcement

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• HUD required housing authorities to amend

public housing leases to include smoking in prohibited areas as a lease violation

• Housing authorities should also consider

Ø Evictions as a last resort Ø Graduated enforcement Ø No fines and fees Ø Reset the clock after positive performance

POLLING QUESTIONS 4 & 5

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4) Have you seen improvement in air quality since the policy has gone into effect? a) Yes, less smoke is present and air quality is improving b) No change c) Unsure 5) How is the policy going so far? a) It’s going well b) No opinion c) Needs improvement

ENFORCEMENT CHALLENGES

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Question Number 1: How is the rule enforced? Do you have examples of best practices?

Equitable Enforcement: Best Practices

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ENFORCEMENT PLAN - EXAMPLE

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• 1st Violation: Verbal warning & cessation materials
• 2nd Violation: Verbal warning, cessation materials, Resident

Service Referral

• 3rd Violation: Written warning, cessation materials, Resident

Service Referral

• 4th Violation: Notice to Vacate with Option to Remedy,

cessation materials, Resident Service Referral

• 5th Violation: 10-day Notice to Vacate without the option to

remedy

ENFORCEMENT PLAN – EXAMPLE 2

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• 1st Violation: Written warning
• 2nd Violation: Written warning
• 3rd Violation: Letter of eviction

ENFORCEMENT CHALLENGES

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Question Number 2: What penalties can be applied? Are fines or evictions allowed?

ENFORCEMENT CHALLENGES

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Question Number 3: What evidence can and will be used for enforcement of the rule?

COMPLIANCE & ENFORCEMENT ISSUES

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ENFORCEMENT CHALLENGES

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Question Number 4: How does the reasonable accommodation requirement for persons with disabilities interact with the rule?

Reasonable Accommodations

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• A reasonable accommodation is a change in

a rule, policy, practice or service that may be necessary to allow a person with a disability the equal opportunity to use and enjoy their home.

• Smoking is not a disability as defined by fair

housing and civil rights laws although residents can request an accommodation based on an underlying disability that frustrates the tenant’s ability to comply with smoke-free rules.

ACCOMMODATION OPTIONS

• Move resident to a first floor unit or closer to an

elevator or door to get outside.

• Have a social worker place signs in the home

reminding the resident to go outside.

• Partner with local public health or community-based
• rganizations to help the resident understand the

policy, manage cravings, and provide available quitting resources if interested.

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ENFORCEMENT CHALLENGES

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Question Number 5: What rights and protections do residents that smoke have?

ENFORCEMENT CHALLENGES

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Question Number 6: What is the role of the housing authority to assist with helping residents quit or reduce tobacco use? Do you have examples of best practices?

ENFORCEMENT CHALLENGES

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http://www.lungusa2.org/cessation2/

7/25/19 42 http://www.lungusa2.org/cessation2/statedetail.php?stateId=39

ENFORCEMENT CHALLENGES CESSATION

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• Cessation support should be a

component in implementing the smoke free policy

• Electronic cigarettes are not

FDA-approved cessation products

• FDA-approved cessation

products do not pose the same risks of second or third-hand exposure

“There is insufficient evidence from randomized controlled trials about the effectiveness of e- cigarettes as cessation aids compared with no treatment or to Food and Drug Administration– approved smoking cessation treatments.”

(National Academies of Sciences, Engineering, and Medicine, 2018)

ENFORCEMENT CHALLENGES

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Question Number 7: How do you handle RAD converted properties?

What about RAD properties?

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• The Rental Assistance Demonstration

Program converts public housing to housing with other forms of federal assistance.

• Over 400,000 units of public housing are

eligible for RAD.

• Smoke-free rules and other policies can

carry over into the new development, even with new property manager and/or owner.

ENFORCEMENT CHALLENGES

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Question Number 8: Are “smoking monitors” an effective approach to monitoring compliance?

COMPLIANCE AND ENFORCEMENT ISSUES: EVIDENCE

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SMOKE-FREE OPTIONS BEYOND PUBLIC HOUSING

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• Other Subsidized Housing
• Privately Owned Market Rate Housing Policies
• Local Ordinances

– Know your authority and state law!

RESOURCES

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• www.smokefreepublic

housingproject.org

• https://www.nhlp.org/our-

initiatives/implementing- a-smoke-free-policy-in- public-housing/

RESOURCES

https://www.nhlp.org/wp- content/uploads/Cessation

• Resources-for-Legal-

Services-Lawyers.pdf

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WWW.PUBLICHEALTHLAWCENTER.ORG

7/25/19 51 https://www.publichealthlawcenter.org/topics/tobacco-control/smoke-free-tobacco-free-places/housing/public-subsidized-housing

QUESTIONS

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CONTACT US

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651.290.7506 publichealthlawcenter@mitchellhamline.edu www.publichealthlawcenter.org @phealthlawctr facebook.com/publichealthlawcenter