How-to Implement a No-Smoking Policy for Existing Buildings in the Non-Profit Housing Sector

Transcription

1 Hw-t Implement a N-Smking Plicy fr Existing Buildings in the Nn-Prfit Husing Sectr This sectin is tailred fr nn-prfit husing prviders wh want t implement r pilt a n-smking plicy in ne r mre f their multi-unit cmplexes. It wuld als apply t thse interested in cnverting all their buildings t smke-free status ver time. Regardless f yur situatin, yu will need t phase-in the n-smking plicy as existing tenants vacate the premises, and make all future tenancies smke-free. Sme peple assume that n-smking plicies are inapprpriate fr nn-prfit r scial husing because f higher smking rates and reduced husing ptins fr tenants. In ur pinin, these arguments ffer all the mre reasn fr husing prviders t adpt n-smking plicies. While it is true that sme nn-prfit/scial husing prviders face different realities and challenges than many landlrds with market rate buildings, in mst cases n-smking plicies fr scial husing make sense. Adpting a n-smking plicy fr scial/nn-prfit husing will invlve many f the same steps suggested fr existing buildings in market rate buildings, plus a few additinal cnsideratins. Here are 5 steps t cnsider as yu g smke-free: 1. Cmmunicate with residents frm the utset The first step in yur prcess will be t cmmunicate with yur residents. If residents hear thrugh the grapevine that the building is transitining t smke-free status, tenants wh smke may becme unnecessarily cncerned that they are being unfairly targeted and that they might be evicted. Cmmunicating with tenants is key t aviding any cnflicts between the smking and nn-smking tenants, and will ensure that these grups aren t pitted against each ther. Further, since lw-incme tenants ften have fewer ptins when it cmes t husing, it will be especially imprtant t cmmunicate with yur tenants t reassure them that existing tenants will cntinue t be allwed t smke, and that n ne will be evicted during this prcess. Surveys and meetings can be effective tls t address tenant cncerns and identify which buildings r sectins wuld be mst apprpriate t designate as smke-free. Send a letter t explain that due t increased cmplaints frm residents, and t prtect the health f residents whse health is at risk due t smke entering their hmes frm neighburing units, yu are planning t designate ne r all f yur buildings as smke-free. Issues t cnsider include: i. T reduce ptential tensins between smking and nn-smking tenants, explain that yur n-smking plicy is nt abut targeting r passing judgment n smkers, but abut prtecting nn-smking residents whse health is at risk frm unwanted expsure t smke n a regular and n-ging basis. ii. Indicate that yu will be cnducting a resident survey t identify the percentage f smkers in buildings, and where in the building the mst smking residents reside (ptinal). iii. Indicate that yu will be calling a resident meeting t explre ptins fr transitining t smke-free status nce the survey is cmpleted (ptinal). Fr mre infrmatin visit

2 Strike a cmmittee r wrking grup (if applicable) If yu are a medium r large sized landlrd, cnsider striking a cmmittee r wrking grup t deal with this issue. What is yur lng-term visin? D yu eventually want t cnvert all f yur units t nnsmking, r d yu fresee reserving a certain percentage where smking will cntinue t be permitted? Review secnd-hand smke related cmplaints. These may ffer sme early hints as t the type f n-smking plicy yu develp. Slicit input frm yur emplyees and ther stakehlders--including them in the prcess frm the utset will encurage buy-in and supprt. Cnduct a resident survey This will help yu chse the building(s) mst apprpriate fr designating as smke-free and t determine supprt fr this initiative. Cnducting a survey will: Let tenants knw yu want their input. Identify which building (r sectin) has the fewest number f smkers. Identify the number f husehlds that already prhibit smking inside. Identify the number f husehlds where ne r mre peple smke. Identify smking units s yu can make infrmed decisins when re-renting vacant units in the designated smke-free building. Yu can then alert new tenants yu are transitining t smke-free status, and there are still smking units in the area. Prevent yu frm placing new tenants with chrnic health cnditins next t a smking unit. Identify the extent f the prblem f secnd-hand smke (i.e. number f tenants affected). Identify the level f supprt fr this initiative. Cnsider whether yu want t mail the survey r cnduct a survey dr-t-dr. While the dr-tdr might be time-cnsuming, it will ensure a greater respnse rate. Offering the chance t win a prize fr participating in the survey will imprve the respnse rate as well. Visit ur website fr a Sample Tenant Survey and Cver Letter lcated in the Tls & Resurces sectin. Organize a Resident meeting (if applicable) Yu might cnsider hlding a meeting with tenants t discuss the survey results and seek their input and supprt cncerning hw best t mve frward n a smke-free plicy. Further, yu may want t enlist a persn with dispute reslutin skills t help cnduct the meeting. It will als be a gd pprtunity t discuss yur reasns fr ging smke-free and hw it will impact existing tenants. While there may be sme resistance, hlding a meeting will be a gd pprtunity t: Reassure existing tenants that they will be grandfathered fr as lng as they remain in the unit, and reassure them that they will nt be evicted during this prcess. Ask fr residents t share their experiences s that there is an understanding f the extent f the prblem, and ensure that yu seek their input t be part f the slutin. It s imprtant that the cmmunity take sme wnership f the prblem and finding slutins. Discuss yur ther reasns fr wanting t g smke-free, including: The vast majrity (85%) f British Clumbians d nt smke. Fr mre infrmatin visit 2

3 A Recent survey f British Clumbians living in apartments and cnds fund that ne-half experienced secnd-hand smke infiltrating their hmes. Just like peple are prtected frm secnd-hand smke in wrkplaces and public places, peple dn t want t have t breathe ther peple s smke in their wn hmes. Increased cmplaints frm residents abut secnd-hand smke infiltrating their hmes. Reducing the risk f fires caused by cigarettes. Reducing the maintenance and clean-up csts. Discuss the issue f secnd-hand smke cmplaints. If there is a dispute between tenants abut secnd-hand smke, be clear that as the landlrd, yu have a respnsibility t address the prblem. While smking will cntinue t be allwed in grandfathered units, every tenant is entitled t quiet enjyment, and if there is significant smke entering ther units n a persistent basis, it will be addressed. G t the Legal Infrmatin sectin f ur website fr infrmatin n Quiet Enjyment and tips fr addressing cmplaints f secnd-hand smke. 2. Develp yur plicy Once yu have made the chice f which building(s) t designate as smke-free, yu will need t decide the type f plicy yu want t implement. We cnducted a survey f husing prviders (see Why G Smke-free sectin n website) and fund that thse with the strngest n-smking plicies (smking banned in entire building, including units and balcnies) experienced the greatest benefits, including reduced cmplaints, lwer maintenance csts and reduced risk f fires. Mst appealing t nn-smking tenants, and easiest t enfrce, is t make yur entire prperty smkefree. Hwever, depending n yur client ppulatin, yu may want t designate an utside smking area t accmmdate yur smking residents. A. Identify where smking will nt be allwed. Things t cnsider: Banning smking in the entire building, including inside rental units, balcnies and patis (Our landlrd survey fund that the mst cmmn surces f secnd-hand smke transfer included patis, balcnies and pen windws). Banning smking n the entire grunds up t the prperty line (t avid prblems such as smke traveling int patis, r cigarette litter n yur prperty). Designating an utdr smking area at an apprpriate distance (seven metres) frm units, patis and entranceways t accmmdate smking tenants (Optinal). Imprtant: Prvince-wide tbacc cntrl legislatin, effective since April 2008, bans smking in all indr public places and wrkplaces, including Cmmn areas f apartment buildings, cndminiums and drmitries, including elevatrs, hallways, parking garages, party r entertainment rms, laundry facilities, lbbies; and Within 3 metres (buffer znes) f public entranceways t apartment buildings, pen windws and air intakes. The buffer zne is greater in many municipalities, s check with yur lcal municipality fr the buffer zne requirements. B. Clearly identify whm the n-smking plicy applies t: All tenants, visitrs and guests All resident managers/caretakers All staff and service persnnel All existing tenants wh mve int anther unit in the same building r ther landlrd prperties Fr mre infrmatin visit 3

4 C. Definitin f smking. Here is a sample n-smking clause fr inclusin in tenancy agreements and recmmended by the Rental Owners and Managers Sciety f BC: N-Smking Clause: It is a material term f this tenancy agreement that smking f any cmbustible material in the rental unit r n the residential prperty is prhibited. D. Add an additinal clause t the tenancy agreement t warn new tenants that: The building is transitining t smke-free status and that until the transitin has been cmpleted, smking will still be allwed in the grandfathered units f the building. 3. Implement yur plicy Chse an effective date and ntify existing tenants and staff: Set a date that the new plicy will be implemented in the designated building(s). Infrm yur existing tenants by letter. It s imprtant t cmmunicate with existing tenants t explain the new plicy and reassure them that they will be exempted frm the plicy. Refer t the fllwing sample tenant ntificatin letter. Infrm existing resident managers/caretakers by letter. While existing resident managers are grandfathered while ff duty in their rental units (Prvincial laws banning smking in all indr public places and wrkplaces cntinue t apply t resident managers while n duty), all new resident managers must abide by yur nsmking plicy. Yu can refer t the fllwing sample resident manager letter. Amend yur tenancy agreements fr all new tenancies. T implement and prperly enfrce yur n-smking plicy, yu must chse ne f tw ptins: Incrprate the n-smking plicy int all new tenancy agreements; OR Add an Addendum t the tenancy agreement listing all the terms f the n-smking plicy and ensure bth landlrd and tenant sign it. (Landlrds and tenants can agree t and include additinal terms in a tenancy agreement, such as whether smking is permitted n the premises) Cnsider incentives. Yu may cnsider ffering incentives t smking tenants residing in the designated n-smking building r sectin (if apprpriate fr yur situatin). Fr example: Cnsider ffering the ptin fr smking tenants t mve t anther building yu wn r a sectin in yur cmplex where smking is permitted. If nly tw tenants smke, perhaps ffer t pay their mving expenses t mve int anther building yu wn where smking is permitted. Fr tenants wh smke, but want t cperate with the new n-smking plicy affecting smking in their residence, yu may cnsider ffering incentives such as: 1. Offering t subsidize nictine replacement therapy fr a specified time t help them quit if they are interested in quitting; 2. Offering t subsidize nictine replacement therapy fr a specified time if they agree t smke utside n the prperty r in a designated smking area, rather than inside their units. Cnsider prtable subsidies. Fr thse whse health is currently being cmprmised, and can t wait fr the building t be cnverted t smke-free status yu may cnsider helping them get n the waiting list fr a prtable rent supplement. Unfrtunately, the waitlist can be lengthy Fr mre infrmatin visit 4

5 (mnths/years), as each time a supplement cmes available it is granted t the persn at the time with the highest medical need. Prvide cessatin resurces. (Optinal) Let all yur residents knw that there is supprt available t help them quit if any f them are interested. While the purpse f ging smke-free is primarily t prtect yur prperty and yur nn-smking residents, there may be peple wh wuld like infrmatin n quitting. British Clumbians can access FREE prvince-wide quit smking services at QuitNw.ca, including: 24/7 helpline { }, nline quit prgram, texting prgram {text QUITNOW t } and cmmunity frums t cnnect with ther peple trying t quit. British Clumbia residents can als access FREE nictine replacement prducts like nictine gum and nictine patches by calling Prmte yur plicy Pst n-smking signage in apprpriate lcatins n the prperty. (Dwnlad fficial n-smking signage at free f charge, which cmplies with the amended BC Tbacc Cntrl Act banning smking in cmmn areas f apartments and three metres frm entrances.). Register yur smke-free building n ur nline Smke-Free Husing Registry. Ensure that new tenants understand that yu are transitining t a smke-free building befre they sign the tenancy agreement. Infrm ptential tenants that: There are still grandfathered tenants that smke in the building and yu can t guarantee a 100% smke-free envirnment until the transitin is cmplete. Explain that while smking is permitted in grandfathered units, cmplaints f secndhand smke will still be addressed if it is fund that significant smke is infiltrating their hmes. 5. Develp an enfrcement plan Be prepared. Knw ahead f time hw yu will respnd t any prblems. Experience with smke-free wrkplaces and public places, alng with smke-free buildings in ther jurisdictins, indicates that mst peple fllw the rules. Yu d nt have t persnally witness a tenant smking t enfrce yur plicy. In all likelihd yur tenants will be the biggest advcates f yur plicy and will readily let yu knw when smene is nt fllwing the rules. Enfrce a n-smking plicy the same way ther plicy vilatins are enfrced, such as lud music r a n-pets plicy, i.e. as a breach f the tenancy agreement. Ensure staff is educated in the prper prcedures fr enfrcing a n-smking plicy. See the Hwt Guide sectin f the website fr infrmatin n enfrcing a n-smking plicy. Review the plicy with all new tenants. Advise new tenants a vilatin f the smking plicy is a breach f a material term f the tenancy agreement and culd lead t evictin. Keep in mind that lack f enfrcement with ne resident may hamper enfrcement with ther residents. Prmpt, cnsistent actin will send a clear message t all tenants that smking is nt allwed. Tips fr enfrcing a n-smking plicy breach If a tenancy agreement includes a n-smking clause, this is a material term f the tenancy agreement. A breach r vilatin by the tenant gives the landlrd the right t end the tenancy if necessary. Fr mre infrmatin visit 5

6 Use the same warning/enfrcement methds fr the smking plicy that yu use fr any ther plicy. Here are sme steps fr getting tenants t cmply with a n-smking plicy: 1. Talk t the tenant and try t achieve a verbal agreement fr the tenant t cmply. G ver the nsmking clause with the tenant. 2. If agreement is reached, it can be helpful t put it in writing fr future reference. Have the tenant sign a cpy f the dated letter frm the landlrd t tenant, cnfirming the discussin and the tenant s agreement t abide by the n-smking clause. 3. If the smking cntinues, issue a Cautin Ntice (see Tls & Resurces sectin) advising the tenant(s): a. They have breached the tenancy agreement (give specific examples f the breach); b. T cease the vilating behaviur. Include a specific statement regarding the cmpliance required, such as cease smking anywhere n the residential prperty r cnfine yur smking t the designated area f the prperty ; and c. That failure t cmply culd result in a Ntice t End Tenancy. 4. Be sure t dcument any and all vilatins, and if pssible, get witnesses wh wuld be able t testify t incidents f smking by tenant if necessary. 5. If the tenant fails t cmply, issue a ne-mnth Ntice t End Tenancy fr Cause using the apprpriate Residential Tenancy Branch Frm. Be sure the ntice is served n the tenant. Nte that yu must issue a breach letter/cautin ntice befre yu can legally issue a Ntice t End Tenancy. 6. If the tenant disputes the ntice, the landlrd must prvide evidence t prve the reasns fr ending the tenancy, s it is imperative t dcument all actins taken. Addressing cmplaints f secnd-hand smke While yur building is cnverting t smke-free status, it is still imprtant t address cmplaints f secnd-hand smke migrating frm grandfathered units where smking is still allwed int nnsmking units. Sme steps t cnsider: Clarify with staff that while grandfathered tenants may be allwed t smke in their units, cmplaints f secnd-hand smke must still be addressed. In the absence f a n-smking clause in the tenancy agreement, if a landlrd receives cmplaints that smke frm a neighburing unit is significantly bthering ther tenants, the secnd-hand smke can cnstitute a breach f Quiet Enjyment. If warranted, a landlrd can issue a Ntice t End Tenancy fr Cause if it can be prven that the smke is infiltrating the hmes f ther tenants, and there is evidence that the smke infiltratin is severe enugh t cause an unreasnable disturbance. Nte: it must be mre than a temprary discmfrt r incnvenience. This is especially imprtant if a landlrd is seeking t evict a tenant fr cause. Nte: G t the Legal sectin f the website fr mre infrmatin n Quiet Enjyment and tips fr addressing cmplaints f secnd-hand frm grandfathered units. Fr mre infrmatin visit 6