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Tobacco Prevention & Control Program Blazing Trails Conference Salt Lake City, Utah ... Yard & Container Gardening space * sans smoke structures for senior & impaired lodging ...
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Smoke-Free Multi-Unit Housing: Blazing Trails - Rapidly! Tobacco Prevention & Control Program Blazing Trails Conference Salt Lake City, Utah January 12, 2010

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Jim Bergman, J.D. Smoke-Free Environments Law Project The Center for Social Gerontology, Inc. Ann Arbor, Michigan 734 665-1126 jbergman@tcsg Presenter

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without smoke flats in 2004? • Virtually no sans smoke flats or townhouses could be found in Utah & the U.S. in private or open lodging • Most flat/apartment suite proprietors thought it was unlawful to have a sans smoke strategy • Many daily papers thought it was illicit to permit promotions saying "no smoking" or "SF" • Most occupants didn\'t understand they had a few rights to without smoke lodging

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2009: Market-rate lodging Hundreds of a huge number of units of business sector rate lodging are sans smoke the whole way across the U.S. & Utah Includes vast, multi-state organizations, moderate measured organizations, little organizations, and single-family home rentals.

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2009: Other moderate lodging Tens of a huge number of units of reasonable lodging are without smoke all over U.S. Incorporates loft structures possessed by for-benefit and non-benefit elements, and also neighborhood governments and tribes.

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2009: Smoke-Free Housing Authorities Dec. 31, 2009 : more than 138 lodging dominant presences in 19 states, incorporating 2 in Utah. Dec. 31, 2004 : around 15 lodging prevailing voices in 7 states had without smoke strategies for a few or every one of their structures. None in Utah. An expansion of more than 820% in 60 months. More than 2 new lodging powers for each month

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Are you or a friend or family member prepared to make the move to helpful, low-upkeep lodging? Agreeable condo, duplexes, and quadraplexes are ideal for seniors, close elderly and those managing handicaps. Our offices offer various ideal components and pleasantries, including: * 24 hour crisis support * Secure units with additional wellbeing insurances * Conveniently situated close basic need stories, medicinal workplaces, & region temples * Spacious Parking * Carpeted Units with Curtain Rods gave * Kitchen stove and icebox gave * Barrier Free Units * Laundry Facilities or Laundry Hook-up * Emergency Call System in Each Unit * Hard-wired smoke finders gave * Cable T.V. at a Reduced Rate * Lovely Community Room with Kitchen Facilities * Patio & Container Gardening space * without smoke structures for senior & incapacitated lodging

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Why sans smoke flats? • It\'s lawful & HUD firmly empowers it • Cost investment funds are critical • Fire hazard and harm lessened • Health dangers of used smoke • Secondhand smoke can\'t be controlled • Tenants need sans smoke condo • Legal risk issues because of SHS interruptions • Competition from other SF lodging

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Smoke-Free Policies are Legal sans smoke approaches are legitimate in business sector rate and moderate lodging, including HUD-sponsored. Utah law unequivocally says its legitimate. [Secondhand Smoke Amendments ordered in 1997.] Neither government nor state law disallows a proprietor from making their flat building thoroughly without smoke.

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Smoke-Free Policies are Legal Many HUD letters express that open & sponsored lodging administrators are free under government & state laws to make their structures thoroughly sans smoke , insofar as they hold fast to state law notice and different prerequisites. Grandfathering required for whatever length of time that the state law requires.

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Smoke-Free Policies are Legal As the HUD letters have expressed: "The privilege to smoke or not to smoke is not a right that is ensured under the Civil Rights Act of 1964 in light of the fact that smokers are not a secured class under government law."

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Costs of permitting Smoking harms private property: Causes cigarette blaze harm and stench to rugs, counters, and so on Leaves smoke buildup on dividers and shades Poses fire peril

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Costs of permitting Smoking deposit expands expense of restoring flat when smoker moves out. Proprietors gauge it costs $500 to $8,000 more to recovery a flat in which a smoker lived than a non-smoker.

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Cigarette-brought about Fires Nationally: Smoking was the reason for only 9% of flat flames, yet Smoking was the reason for 40% of passings from loft fires, and   Smoking was the reason for 16% of wounds from condo fires NFIRS, 2002

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Costs of permitting smoking Fire harm can make flat units go disconnected for quite a long time Water and smoke harm to connecting units can take them disconnected, too Former occupants need to discover elective lodging and likely won\'t return

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What\'s the issue? Used smoke spreads all through multi-unit residences: Air quality studies in flat structures demonstrate that anywhere in the range of 5% to 60% of the air in loft units originates from different units in the building.

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Secondhand smoke issue Secondhand smoke can\'t be controlled by ventilation or air cleaning: On June 30, 2005, the American Society of Heating, Refrigerating & Air-Conditioning Engineers (ASHRAE) issued their most recent position record on used smoke. It states: "At present, the main method for adequately disposing of wellbeing danger connected with indoor presentation is to boycott smoking action."

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Secondhand smoke issue California Air Resources Board Report, issued January 26, 2006 by the California Environmental Protection Agency. It is a Toxic Air Contaminant , putting used smoke in the same classification as the most harmful car and modern air toxins.

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Secondhand smoke issue Surgeon General\'s Report on Secondhand Smoke, issued June 27, 2006 • There is no danger free level of presentation to used smoke. Breathing even somewhat used smoke can be hurtful. The best way to completely shield yourself and your friends and family from the risks of used smoke is through 100% sans smoke situations.

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Tenants need sans smoke apts • Healthy Androscoggin in Auburn, Maine overviewed 850 occupants; 76% would live in a without smoke loft complex Twin Cites (MN): arbitrary specimen review - 55% of leaseholders said they had moved or would move from a flat due to used smoke leakage ALA-California in 2006 studied able proprietors: 67% favored a SF adept law when they took in it would shield individuals from SHS and could lessen their flame protection premiums. In 2004 overview, 69% of tenants favored requiring every able working to have SF segments. For assessment reviews:

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sans smoke Households Are the Norm and Increasing By 2008, 93% of Utah families were SF - Utah information from Behavioral Risk Factor Surveillance System, 1989-2008 In 2003, 89% of Utah families were SF In 1998, 81% of Utah family units were SF In 1992, 70% of Utah family units were SF - Morbidity & Mortality Weekly Report May 25, 2007

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sans smoke is the standard, however ... Without smoke homes are the standard in the Utah, not the exemption. Be that as it may, presently, most flat & apartment suite structures, including moderate lodging, need SF arrangements. 9.6% of Utah\'s rental family units are presented to SHS, contrasted with 3.9% of proprietor involved homes. Occupants need lodging that meets their craving to have a without smoke home .

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The business sector for without smoke lodging is tremendous Over 91% of Utah grown-ups don\'t smoke Over 96% of Utahns 65+ don\'t smoke Non-smoking rates among minority populaces: 86% of Hispanics; 90% of other non-white Utahns Many smokers don\'t need smoke in their home Most flat structures permit smoking - the commercial center is route behind interest

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Economics: Market is there The business sector for sans smoke lodging is immense, paying little mind to salary level About 80% of Utahns with wages under $15,000 don\'t smoke About 87% of Utahns with earnings between $15,000 & $50,000 don\'t smoke Over 93% of Utahns with wages over $50,000 don\'t smoke - 2008 Utah BRFSS predominance information

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Legal Liability Residents contrarily affected by used smoke really have the privilege to look for lawful activity against smokers and/or proprietors who don\'t make satisfactory arrangements to shield them from SHS . • Utah Secondhand Smoke Amendments set up SHS is a disturbance and permit casualty to look for injunctive alleviation and/or harms. Utah Code 78B-6-1101

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Legal Liability Residents contrarily affected by used smoke really have the privilege to look for lawful activity against proprietors who don\'t make satisfactory arrangements to shield them from second hand smoke. • Fair Housing Act protests can be documented looking for a "sensible convenience". • Possible infringement of guarantee of livability or quiet happiness.

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Marketplace is evolving Multi-unit lodging affiliations & their productions are concentrating on the advantages of sans smoke strategies: NAA and NMHC approach reminders, Feb., 2008 UNITS magazine, Dec., 2007 Assisted Housing Management Insider, March, 2007 MultiFamily Executive, Nov., 2006

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Marketplace is changing • Online loft posting organizations are including "without smoke" as a comfort thing on their postings, e.g., RentLinx • "sans smoke" is turning out to be more normal as a convenience thing in promoting by flat proprietors/administrators

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Competition is going sans smoke Thousands of business sector rate and moderate lodging suppliers are receiving sans smoke arrangements, including HUD-sponsored, charge credit-financed, and so forth. The commercial center is evolving quickly, and without smoke is the hot new am

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