The Clear Advantages of

Smoke-Free Apartments

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Why smoke-free apartments?

The time has come, because:• Tenants want smoke-free apartments• Increasing numbers of complaints

about secondhand smoke infiltration in apts

• Health risks the same as elsewhere• Good deal for landlords

• It’s legal to do

Tenants want smoke-free apts

• Auburn (ME) Housing Authority surveyed 850 tenants; 76% would choose to live in smoke-free apartment complex

• Twin Cites (MN): random sample survey -- 55% of renters said they had moved or would move from an apt because of secondhand smoke seepage

• California: Survey of 1,800 residents -- 63% said apartment complexes should require at least 50% of units to be smoke-free

Apartment secondhand smoke seepage

complaints increase • SFELP now receives more complaints

from individuals about secondhand smoke seepage in apartments than any other, including workplaces complaints

• Tenants beginning to realize they don’t have to accept this problem

• Tenants aware of dangers of secondhand smoke

Why All The Fuss?

• Why is there such concern about secondhand smoke in apartments, condominiums and other multi-unit residences?

Secondhand Smoke is Deadly

• It is a Group A carcinogen -- a substance known to cause cancer in humans for which there is no safe level of exposure.

National Institute for Environmental Health Sciences Report,issued May 15, 2000. U.S. Environmental Protection Agencyreport, issued July, 1993.

Secondhand Smoke is Deadly

• At least 38,000 to 65,000 deaths annually in U.S. result from secondhand smoke-caused diseases.

U.S. Centers for Disease Control & Prevention, April 12,2002report; and National Institute for Environmental HealthSciences Report, May 15, 2000.

Secondhand Smoke is Deadly

• Thousands more people suffer from chronic & debilitating conditions caused by these diseases, including the effects of emphysema, cancer, heart disease, stroke, chronic bronchitis, and asthma.

California Environmental Protection Agency report HealthEffects of Exposure to Environmental Tobacco Smoke,September, 1997.

Secondhand Contains

• Over 4,000 chemical compounds -- more than 40 of which are Group A carcinogens, which cause cancer in humans or animals.

International Agency for Research on Cancer chart, 1986; U.S.Surgeon Generals Report of 1989; California EPA Report, September,1997.

Secondhand Smoke Contains

• Formaldehyde• Hydrogen cyanide• Lead, nickel• N-nitrosamines• Sulfur dioxide• Vinyl chloride• Pesticide residues

• Ammonia• Arsenic• Benzene• Cadmium• Carbon monoxide• Chromium VI• DDT

Secondhand Smoke Causes

• Lung and other cancers, and heart disease. • Respiratory tract infections, such as

pneumonia and bronchitis, especially in infants, children and older persons.

American College of Occupational & Environmental Medicineposition statement, July 30, 2000; California EPA report,

September,1997.

Secondhand Smoke Causes

• Increased risk of sudden infant death syndrome and middle ear infections in children.

• Major health threats to persons with asthma -- sometimes fatal.

American College of Occupational & Environmental Medicineposition statement, July 30, 2000; California EPA report,

September,1997.

Secondhand Smoke Causes

• An almost doubled risk of heart disease to nonsmokers who are regularly exposed to secondhand smoke at home or work

• 30 times as many lung cancer deaths as all regulated air pollutants combined.

U.S. Surgeon Generals report, 1986; American HeartAssociation.

Say’s Who?

• Hundreds of scientific studies conducted worldwide with professional peer reviews to assure their validity.

• Reports from governmental agencies around the globe, including the U.S., Canada, Australia, New Zealand, Japan, Great Britain, the European Union, etc.

Why Should We Care?

• The health dangers of secondhand smoke are NOT any different in residential settings.

• If your residence allows smoking, you and your residents are being exposed to serious health risks.

Why Should We Care?

• Any amount of exposure to secondhand smoke is unsafe.

• Secondhand smoke exacerbates existing health problems such as asthma and other respiratory ailments.

Why Should Landlords Care?

• Smoking damages residential property:– Poses fire hazard– Causes cigarette burn damage

to carpets, counters, etc– Leaves smoke residue on walls

and curtains

Why Should Landlords Care?

• Complaints from non-smoking tenants about smoke incursions.

• Legal action taken against landlords who allow smoking in their buildings.

But . . .

• Isn’t smoking a “right?” – No Michigan law prevents

smoking in private residences – But nothing stops a landlord

from prohibiting smoking on property now

– There is no legal right to smoke

In Fact

• Tenants negatively impacted by secondhand smoke actually have the right to seek legal action against landlords who do not make adequate provisions to protect them from second hand smoke.

And, the ADA and FHA Say:

• Persons cannot be discriminated against in workplaces, public places or in housing due to disability; and, having severe breathing problems

constitutes a disability.

And, the ADA and FHA Say:

• Therefore, these facilities are required by the ADA and/or FHA (and parallel state statutes) to provide reasonable accommodations to persons with severe breathing disabilities, including possibly making the facility totally smoke-free.

So, What Can Landlords Legally Do?

• Apartment owners are permitted by federal and state law to adopt total smoke-free policies.

So, What Can Landlords Legally Do?

• HUD Legal Counsel letter of July, 2003 states that apartment owners are free under federal law to make their buildings totally smoke-free, so long as they “grandfather” current

residents who are smokers.

So, What Can Landlords Legally Do?

• Michigan Attorney General Opinion of 1992 states that neither federal nor Michigan law prohibits a landlord from making his/her apartment building totally smoke-free.

So, What Can Landlords Legally Do?

• As the HUD Legal Counsel letter stated: “The right to smoke or not to smoke is not a right that is protected under the Civil Rights Act of 1964 because smokers are not a protected class under federal law.”

Adopt New Lease Language

• Use to:– Implement a smoke-free policy

in a multiunit dwelling.– Add these provisions to the

leases for apartment complexes.

You Have Resources

• www.mismokefreeapartment.org • Smoke-free Environments Law

Project:www.tcsg.org/sfelp/home.htm

• The Center for Social Gerontology: www.tcsg.org.tobacco.htm

And now you have the mismokefreeapartment

initiative which includes:• mismokefreeapartment.org web site

information & materials • Radio ads • Billboards• Postcard mailings to landlords• Listing of smoke-free apartments on web site• Surveys of smoke-free apartment availability• Technical assistance from SFELP

Radio ads

• Two humorous radio ads informing listeners of information on mismokefreeapartment.org

• For use in selected regions of state in coordination with local tobacco reduction coalitions, health departments & apartment associations

• SFELP will assist in raising funds for ads

Billboards

• Four billboards to inform viewers of the mismokefreeapartment.org web site

• For use in selected regions of state in coordination with local tobacco reduction coalitions, health departments & apartment associations

• SFELP will assist in raising funds for and placement of billboards

Billboards ...

Billboards ...

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Billboards ...

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Billboards ...

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Postcard mailings to landlords

• Four postcards to inform landlords of the mismokefreeapartment.org web site & reasons for them to go smoke-free

• SFELP will do the mailings with lists of landlords obtained in coordination with local tobacco reduction coalitions, health departments & apartment associations

Postcards ...

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Postcards ...

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Postcards ...

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Postcards ...

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Postcards ...

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Postcards ...

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Postcards ...

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Postcards ...

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Smoke-free apartment listing

• mismokefreeapartment.org web site will include a listing of smoke-free apartments

• SFELP will compile the list of smoke-free apartments in coordination with local tobacco reduction coalitions, health departments, apartment associations, & others

Smoke-free apartment listing site

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"Setting the Standard Since 1932"...

Wednesday, July 21, 2004

(Click for Rental Application)

526 Linden, Ann Arbor, MI

Located near the intersection of South University and Washtenaw just minutes from the University of Michigan's central campus and the CCRB (Central Campus Recreation Building). This location offers one, two and two bedroom bi-level apartments with the following amenities:

* Furnished apartment, includes carpet, Air conditioning, vertical blinds and disposal* Apartments (except #5) have portable dishwashers* Each bedroom of the bi-level apartments have a balcony - each living room of the bi-level

apartments will have one or two balconies* Laundry facilities on-site* Heat, hot and cold water provided* One parking space per apartment included in monthly rental rate * No pets

* This is a smoke free building* Twelve month lease term* Security deposit equals 1 1/2 times the monthly rental rate

------------------------------------------------------------------------

Frankfort PinesAssisted Living Apartments

119 Airport Road, Frankfort, MI 49635

The selection of a personal care facility can create concern and confusion for the prospective resident, family and friends. We at Frankfort Pines hope to help make this decision less stressful by providing services that allow our residents to remain active and close to family and friends while enjoying trouble free living in a comfortable home.

Frankfort Pines is a state licensed care facility that offers different levels of care for senior citizens who need assistance with the activities of daily living. This flexibility allows our residents to remain independent and active.

Residents of Frankfort Pines enjoy all the comforts of home in a safe, secure location near the scenic town of

Frankfort and the shores of Lake Michigan. 

Features:* Private suites and baths * Emergency call buttons in bedrooms and bathrooms * Individual room temperature controls * Telephone and cable television * Barrier free throughout * 1/2 mile from Frankfort * 2 miles from Paul Oliver Hospital * Services that can be modified to accommodate the needs of residents * Beauty salon providing hair styling, manicures, and pedicures * Health and wellness checks

* Smoke free environment

Smoke-free apartment surveys

• SFELP will conduct mail surveys of apartment owners to determine the % of smoke-free apartments in regions of MI

• Surveys will be used for media purposes, planning, etc.

• Surveys will be done in coordination with local tobacco reduction coalitions, health departments, & apartment associations

Smoke-free apartment surveys ...

• A survey in La Crosse, Wisconsin found about 50% of 65 respondent apartment owners offered smoke-free units ranging from 1-to 3-bedroom apartments

• La Crosse survey got local media coverage which served to encourage other apartment owners to consider going smoke-free

• Media coverage included testimonials from apartment owners with smoke-free units

• La Crosse health department developed online smoke-free apartment listing

Assistance from SFELP to ...

• Help landlords adopt smoke-free policies

• Help tenants seeking smoke-free apartments to know their rights & resources

• Work in coordination with local tobacco reduction coalitions, health departments, landlord associations, & others to promote smoke-free apartment policies

To contact SFELP

• www.mismokefreeapartment.org • Smoke-Free Environments Law

Project www.tcsg.org/sfelp/home.htm

• Phone: 734 665-1126• Smoke-Free Environments Law Project

The Center for Social Gerontology, Inc.2307 Shelby AvenueAnn Arbor, Michigan 48103