U.S. Department of Housing and Urban Development

Office of Lead Hazard Control and Healthy Homes

An Action Guide for Establishing Smoke-Free

Public Housing and Multifamily Properties

October 2014

CHANGE IS IN THE AIR
1 |CHANGE IS IN THE AIR

CHANGE IS IN THE AIR

An Action Guide for Establishing Smoke-Free Public Housing 

and Multifamily Properties 

Acknowledgments .............................................................................................................................3

Action Plan for Smoke-Free Housing.........................................................................................4

Part I: HUD Supports Smoke-Free Housing

1. Introduction ................................................................................................................................5

2. Who Is This Guide for?............................................................................................................7

3. What’s the Purpose of This Guide?....................................................................................8

Part II: Five Leading Reasons to Adopt a Smoke-Free Policy

1. Protect the Health and Safety of Residents and Staff .............................................10

2. Cost Savings ..............................................................................................................................12

3. Movement of Secondhand Smoke between Units Cannot Be Controlled........ 14

4. Residents Prefer Smoke-Free Housing........................................................................... 16

5. Smoke-Free Policies Are Legal...........................................................................................17

Part III: Real Stories, Real Success: Smoke-Free Policies in Action

Q&As with Nine Smoke-Free Policy Pioneers..................................................................... 19

Part IV: Recommended Steps to Adopt a Smoke-Free Policy

Get Started....................................................................................................................................... 41

1. Review HUD Notices.............................................................................................................. 41

2. Contact Owners/Agents of Properties with Smoke-Free Policies ..................... 42

3. Learn about Local Smoke-Free Laws............................................................................. 43

4. Review Examples of Smoke-Free Policies................................................................... 43

5. Look for Additional Community Partners .....................................................................47

Move Forward................................................................................................................................50

1. Present the Idea of a Smoke-Free Policy to Staff, Board,

and Resident Council..............................................................................................................51

2. Survey Residents.....................................................................................................................52

3. Develop Your Policy and Plan ............................................................................................53

4. Introduce the Policy and Set an Implementation Timeline.................................... 56

5. Obtain Board Approval to Begin Comment Period.................................................. 58

6. Notify Residents and Begin Comment Period............................................................ 59

7. Obtain Board Approval........................................................................................................60
2 |CHANGE IS IN THE AIR

Be Prepared to Implement.......................................................................................................60

1. Train Staff....................................................................................................................................61

2. Focus on Vulnerable Residents ........................................................................................ 62

3. Help Residents Set Appropriate Expectations........................................................... 63

4. Schedule Lease or House Rules Signings .................................................................... 63

Stay Committed to Enforcement........................................................................................... 63

1. Tips to Stay on Track............................................................................................................. 63

2. Collect Data to Track Policy Effectiveness................................................................... 66

3. Assess the Implementation.................................................................................................67

Part V: Frequently Asked Questions

1. Common Implementation Concerns .............................................................................. 69

2. Common Enforcement Questions – with Answers from Real Stories .................73

References...........................................................................................................................................76

Endnotes ..............................................................................................................................................78

Appendices

A. HUD Notices..............................................................................................................................79

B. Resources..................................................................................................................................90

C. Summary of Federal Register Comments .................................................................... 93
3 |CHANGE IS IN THE AIR

Acknowledgments

We are grateful to the following people for the invaluable time they provided for interviews and 

insightful review of the guide.

Interviews

Scott Alderman, Landura Management Associates

Rick Ball and Diane Martin, Housing and Redevelopment Authority of Duluth, MN

Bill Cook, King County Housing Authority, WA

Faye Dodd, Murray Housing Authority, KY

Andrea Janis, Matthew McGuire and Todd Puhl, National Church Residences

Gail Livingston, Boston Housing Authority, MA

Carmen Moore-Minor, Metropolitan Development and Housing Agency, Nashville, TN

John Bower and Larry Sisson, TESCO Properties

Scott Wilkerson, Ginkgo Residential

External Reviewers

Jim Bergman, Smoke-Free Environments Law Project, The Center for Social Gerontology, Inc.

Pat McKone, American Lung Association

Rodger Moore, Home Forward, Portland, OR

Anne Pearson, ChangeLab Solutions

Tina Pettingill, Smoke-Free Housing Coalition of Maine

Anna Stein, Community Transformation Grant Project, North Carolina Department of Health 

and Human Services

U.S. Department of Housing and Urban Development (Review and Collaboration)

Peter J. Ashley and Rachel Riley, *Office of Lead Hazard Control and Healthy Homes

Leroy Ferguson and Becky Primeaux, Office of Public and Indian Housing

Regina Aleksiewicz and Yvette Viviani, Office of Housing Assistance and Grant Administration

*Sponsoring Office

Author

The Cadmus Group 

Designed by

Penngood, LLC
4 |CHANGE IS IN THE AIR

Action Plan for Smoke-Free Housing

Protect Health 

and Safety

p. 10

Why Should You Adopt a Smoke Free Policy?

Cost 

Savings

p. 12

Secondhand 

Smoke 

Cannot be 

Contained

p. 14

Residents 

Prefer 

Smoke-Free

p. 16

Smoke-Free 

Policies are 

Legal

p. 17

Answers to on the ground enforcement

questions and concerns, p. 68

Success Stories from Public Housing Practitioners

In-depth interviews with housing 

owners/agents who have implemented

smoke-free policies, p. 19

Legality

pp. 14, 17, 69

Resident Surveys 

p. 52

Resources to Help You

Occupancy

pp. 56, 71

Evictions

pp. 24, 70, 74

Community 

Partnerships

pp. 32, 98

Vulnerable

Residents

p. 62

Forms and 

Agreements

p. 82

Enforcement

pp. 20, 46, 69, 

74, 96

Communicate with Residents

pp. 29, 48, 52, 59, 62, 71

Implementation Steps

Communicate with Staff

pp. 48, 50, 51, 59, 60

Get Started

p. 41

Prepare to 

Implement

p. 60

Move Forward

p. 50

Stay 

Committed to 

Enforcement

p. 63
5 |CHANGE IS IN THE AIR

Part I

HUD Supports Smoke-Free Housing

Introduction

Our Homes. We believe that what we do in our homes is no 

one else’s business, and that is usually true. At times though, 

our actions negatively affect others, including our neighbors. 

Sometimes the nuisance is minor: loud music or strong cooking 

odors. At other times the offense is major: secondhand smoke.

Secondhand smoke may linger for hours and is dangerous 

to anyone who breathes it in. There is no safe amount of 

secondhand smoke. 

It contains hundreds of toxic chemicals, approximately 70 of which 

can cause cancer.1

 Even breathing secondhand smoke for a short 

amount of time can be hazardous to your health.

Children exposed to secondhand smoke are at an increased risk for 

sudden infant death syndrome (SIDS), acute respiratory infections, 

ear problems, and more frequent and severe asthma attacks.2

Adults who breathe in secondhand smoke experience immediate 

adverse effects on their cardiovascular systems, which can trigger 

heart attacks. Secondhand smoke exposure also increases the 

risk of heart disease and lung cancer. Pregnant women exposed 

to secondhand smoke are more likely to have babies who have a 

higher risk for serious health problems.3,4

Smoke-Free Policies. If enacted, a smoke-free housing policy 

would prohibit anyone from smoking in individual units and 

indoor common areas. Policies may also apply to outdoor 

common areas and areas within 25 feet of windows or doors.

Springfield Garden Apartments in 

Springfield, VA are privately owned units 

that rent some or all of its units at a 

moderate cost. These units are 

designated as smoke-free.
6 |CHANGE IS IN THE AIR

HUD Supports Policies. The U.S. Department of Housing and 

Urban Development (HUD) has encouraged the adoption of 

smoke-free policies for the past several years. In 2009 and 2012, 

HUD’s Office of Public and Indian Housing issued Notices PIH 

2009-21 and PIH 2012-25 stating HUD “strongly encourages Public 

Housing Authorities (PHAs) to implement non-smoking policies in 

some or all of their public housing units.” In September 2010, HUD’s 

Office of Housing issued a Notice for owners/agents of federally 

subsidized private housing encouraging the adoption of smokefree policies in some or all of their properties. In 2012, HUD sent 

a smoke-free housing toolkit with background information and 

sample planning documents for implementation to directors of 

approximately 2,200 PHAs.

A major reason that HUD is committed to encouraging public 

housing authorities (PHAs) and property owners/agents of 

subsidized or market rate multifamily housing to implement smokefree policies, is that the movement of secondhand smoke between 

units cannot be controlled in multifamily buildings.* Research has 

shown that ventilation and other air filtration technologies cannot 

eliminate the health risks caused by secondhand smoke exposure.2

HUD also supports smoke-free policies because they reduce 

property maintenance costs and the risk of fires.5,6

One quarter of U.S. residents — approximately 79 million people 

— live in multifamily properties. This includes one-family houses 

attached to one or more other houses and buildings with two to 

50 or more apartments. Even though the majority of people do not 

allow smoking in their homes, 36 percent regularly are exposed to 

secondhand smoke.7

In the past 15 years, more than 500 PHAs throughout the nation 

have adopted and implemented smoke-free policies. The rate of 

adoption of smoke-free policies accelerated quickly, following the 

publication of an official Notice by HUD that strongly encouraged 

PHAs to adopt smoke-free policies.8 Also, a growing number of 

nationwide property management firms are going smoke-free 

across all properties.

2000 2005 2011 2013 2015

Public Housing Authorities 

with a Smoke-Free Policy

2 12

230

400

0

50

100

150

200

250

300

350

400

450

500 500

Trending Towards 

100% Smoke-Free

Across the country, 

there has been a 

sizable increase in 

the number of 100% 

smoke-free properties 

in the past five years. 

More and more PHAs 

and owners/agents 

are moving toward 

making their new 

developments “greenliving, smoke-free 

properties” as one 

property manager 

reported. 

*HUD’s Office of Indian Housing and Office of Housing define multifamily housing as a building with five 

or more apartments; however, users of this Guide should be aware that secondhand smoke can travel 

between adjacent apartments with a common wall and/or floor, regardless of the number of units in the 

building (e.g., duplexes, townhouses).
7 |CHANGE IS IN THE AIR

Smoke-free policies have a ripple effect. While smoke-free 

housing policies generally focus on mitigating the harmful effects 

of tobacco smoke on nonsmokers, there is evidence that policies 

also help smokers quit smoking. One study of low-income residents 

in multifamily housing shows that the quit rate was 14.7 percent 

after the implementation of a smoke-free policy, compared to a 

common quit rate of about 2.6 percent.9

Research shows that public housing residents have poorer 

health than the general population, with higher rates of asthma, 

hypertension, diabetes, obesity, high cholesterol, and depression.10

In general, high-poverty neighborhoods, where public housing 

is typically located, have been associated with higher rates of 

cardiovascular disease and all-cause mortality. Public housing often 

functions as a safety net; thus, both smoke-free housing, along with 

wraparound health-related services, may provide opportunities 

to prevent or manage a variety of chronic diseases that are more 

prevalent among public housing residents.

Smoke-free housing policies can be implemented at the discretion 

of PHAs and owners/agents. By strongly encouraging voluntary 

adoption, HUD acknowledges that in order for the policy to be 

effective, it is important to get buy-in from a range of stakeholders 

within an organization and the community. This guide provides the 

steps and recommended best practices to follow for implementing 

a smoke-free policy. HUD encourages PHAs and owners/agents of 

subsidized or market rate multifamily housing to use this guide to 

take action.

Who Is This Guide for?

Smoke-free housing is an instrumental part of a nationwide Healthy 

Homes movement to reduce housing-based health hazards. 

HUD, along with its federal agency partners, recently released a 

federal action plan to coordinate the actions of federal agencies 

to remedy unsafe housing conditions and to address the acute 

shortage of affordable, decent, and safe dwellings for low-income 

families.12 Advancing Healthy Housing: A Strategy for Action. U.S. 

Department of Housing and Urban Development. Acknowledging 

that there are common misconceptions about implementation, 

as well as real challenges, HUD is taking further action with this 

guide to educate PHAs and owners/agents regarding the benefits 

of smoke-free policies and best practices for policy adoption and 

implementation.

One study of low-income 

residents in multifamily 

housing shows that the 

quit rate was 14.7 percent 

after the implementation 

of a smoke-free policy, 

compared to a common 

quit rate of 2.6 percent.

This Partnership Property Management 

location in Raleigh, NC went smoke-free 

in 2014.
8 |CHANGE IS IN THE AIR

Information in this guide will best serve property owners and 

managers of different types of multifamily apartment buildings, 

including:

Public Housing: Housing that is owned by a city, county or regional 

public housing agency (which may also be called a public housing 

authority, housing authority, or housing commission, etc.). If a 

public housing agency receives federal public housing funds from 

HUD, it must adhere to HUD’s operating regulations and standards 

for housing quality.

Project-Based Section 8 Housing: Privately-owned multifamily 

housing for which the owner receives federal funds from HUD to 

subsidize part of the rent for qualified residents.

Market Rate Apartments: Housing that is rented or owned by 

people who pay market rent (the rent rate without a subsidy) 

to lease the housing, or who paid market value (the sales price 

without a subsidy) when they purchased the housing (such as a 

unit in a condominium or cooperative). While there is no subsidy 

or housing assistance provided by HUD for market rate housing, 

mortgages on these properties may be HUD-insured.

What’s the Purpose of This Guide?

The purpose of this Action Guide is to encourage PHAs and 

owners/agents of subsidized or market rate multifamily housing 

to adopt smoke-free policies. The guide also includes insights 

from some of the early implementers, referred to as smoke-free 

pioneers. These insights address common questions and concerns 

PHAs and owners/agents have about smoke-free policies.

You can help HUD continue its smoke-free housing initiative by 

providing details of your experience implementing a smoke-free 

policy and offering feedback on this Action Guide. Please send 

your comments to Smokefreehousing@hud.gov.

Cigarette butts continue to be the most 

commonly littered item in the U.S. and 

around the world today.
9 |CHANGE IS IN THE AIR

Part II

Five Leading Reasons to Adopt

a Smoke-Free Policy

If you are not sure that the benefits outweigh the risks, this part 

of the guide may convince you to take steps toward adopting 

a smoke-free policy. Each section provides a distinct reason for 

adopting a policy that assures your residents and staff have a 

healthier and safer environment, reduces costs, and adheres to all 

legal requirements. Common questions of housing providers who 

are considering a smoke-free policy are addressed, such as:

• How will this policy protect the health and safety of 

residents and staff?

• Can implementation of this policy result in cost savings?

• Can secondhand smoke be controlled between units?

• Do residents actually prefer smoke-free housing?

• Are smoke-free policies legal?

Review Part II when you need a summary of the major rationale 

for adopting a smoke-free policy.
10 |CHANGE IS IN THE AIR

1. Protect the Health and Safety 

of Residents and Staff

Secondhand smoke poses serious health threats 

to children and adults. The damaging effects 

of secondhand smoke are well-documented, 

and since the early 1990’s, have given rise to 

smoke-free ordinances that are now common 

throughout the U.S. for public areas, workplaces, 

restaurants, and bars.

As of September 2014, over 500 PHAs have smoke-free policies 

in over 30 states. This is a dramatic increase; only two PHAs had 

smoke-free policies prior to 2001.8

Secondhand smoke is a known human and animal carcinogen. 

Secondhand smoke contains many poisons and cancer-causing 

chemicals, including: nicotine, carbon monoxide, ammonia, 

formaldehyde, hydrogen cyanide, nitrogen oxides, phenol, and 

sulfur dioxide. In 1992, the U.S. Environmental Protection Agency 

classified secondhand smoke as a Class A known carcinogen. As 

such, secondhand smoke poses health concerns for all individuals, 

but particularly children, pregnant women, and people with chronic 

illnesses, such as heart disease and asthma.

Pets and service animals can also suffer severe health consequences 

from exposure to secondhand smoke. For some people, gaining 

awareness about the benefits of smoke-free policies on pets’ health 

serves as a motivating factor to support smoke-free policies.

In 2006, the U.S. Surgeon General concluded that there is no riskfree level of exposure to secondhand smoke. Secondhand smoke 

causes heart disease, cancer, chronic obstructive pulmonary 

disease, and other lung diseases. It triggers asthma attacks, and it 

exacerbates all heart, lung, and respiratory conditions. Living with a 

smoker increases the chances of developing lung cancer by 20-30 

percent, even in people who have never smoked.1

 There is strong 

evidence to support an association between secondhand smoke 

exposure in children and adverse health effects such as respiratory 

illnesses, ear infections, hospitalizations, and sudden infant death 

syndrome.3 The Surgeon General concluded that the only way to 

keep children and adults safe from secondhand smoke is to ban all 

smoking indoors.

Children Are Vulnerable 

to Secondhand Smoke 

Exposure

Young children spend 

most of their time inside. 

Because smoking rates 

are highest among lowincome individuals, 

children living in 

subsidized housing are 

routinely exposed to 

high concentrations of 

secondhand smoke. One 

study of over 5,000 

children found that even 

in households that do not 

allow smoking, children 

living in apartments had 

a 140 percent higher 

cotinine level than children 

living in detached homes. 

Cotinine is a biological 

marker for exposure to 

tobacco smoke.13
11 |CHANGE IS IN THE AIR

Staff are at risk for exposure to secondhand smoke as part 

of their workday.

Whenever a manager or maintenance worker has to enter a 

building, she or he is at risk of exposure to smoke. The movement 

of smoke between units cannot be controlled, and no level of 

exposure to tobacco smoke is safe.

Smoking is the leading cause of fire deaths.

Smoking in the home is the leading cause of residential fire deaths 

and injuries. Almost 1,000 people die every year in smoking-related 

fires, half are residents in multiunit housing, and a third of them are 

children. Thousands more are injured by fires that were caused by 

smoking.14 

“Smoking-related fire 

damage claims are usually 

$50,000 or more, but 

they reach upwards of 

$100,000. Owners and 

agents with smoke-free 

policies should promote 

this as a request for 

discretionary credits. 

Discretionary credits are 

for good clients who take 

care of their properties 

and have fewer claims — 

and to an insurer, a smokefree policy is an indicator 

of this.”

- Ken Stewart, Capital 

Insurance Group, 

Monterey, CA
12 |CHANGE IS IN THE AIR

2. Cost Savings

Smoking in units can lead to serious damage to 

your property. Moderate to excessive smoking 

damages most surfaces and fixtures in the 

home. The U.S. Fire Administration reports 

that smoking-related fires result in 326 million 

dollars of property damage every year.15

Maintenance Cost Savings

Turning over a smoking unit can cost two to seven times more than 

turning over a smoke-free unit.

The cost of cleaning and renovating a smoking unit adds up 

quickly, and smaller properties generally pay more per unit than 

larger properties when repairing smoking damage. Implementing 

smoke-free policies across the country in subsidized housing would 

save approximately $521 million per year, including $341 million in 

second-hand smoke-related healthcare expenditures, $108 million 

in renovation expenses, and $72 million in smoking-attributable fire 

losses, according to a recent study from the Centers for Disease 

Control and Prevention.16 For public housing, the study estimates 

annual savings of about $154 million per year. 

“We were all about 

creating these wonderful 

policies for our in-house 

staff on how you work 

with mold and how you 

work with asbestos and 

lead paint. The American 

Lung Association said 

secondhand smoke is very 

similar to asbestos; and 

you’re putting all of this 

energy into protecting 

your staff from asbestos 

and mold, yet you are not 

willing to do that for your 

residents and staff around 

this. When we heard 

that, it was kind of eyeopening.”

- Rodger Moore, Home 

Forward, Portland, Oregon

The Monetary Impact

Cost to Rehabilitate a Unit Where Smoking is Prohibited vs. a Unit Where Smoking is Allowed

Non-Smoking Light Smoking Heavy Smoking

General Cleaning $270 $500 $720

Paint $170 $225 $480

Flooring $50 $950 $1,425

Appliances $60 $75 $490

Bathroom $40 $60 $400

TOTAL $560 $1,810 $3,515

Data reflects surveys from housing authorities and subsidized housing facilities in New 

England. Collected and reported by Smoke-Free Housing New England, 2009 

Source: Breathe Easy Coalition of Maine
13 |CHANGE IS IN THE AIR

Insurance Cost Savings

Having a smoke-free policy is an opportunity to advocate for 

reduced insurance costs. The best way to pursue this is to promote 

your property for discretionary credits, which are optional 

monetary benefits offered by an insurer. These are typically 

provided to clients who file fewer claims. After implementing 

a smoke-free policy, contact your insurer and inquire about 

discretionary credits. Since smoke-free housing reduces the risk of 

fire, fire damage claims are less likely. Also, implementing a smokefree policy demonstrates to your insurer that you are actively 

minimizing the risk of damage to your building. Although most 

insurance companies do not yet offer a specific credit for smokefree policies, they are more likely to reward proactive clients with 

lower premiums.

The combination of nicotine and tar in cigarette smoke causes a build-up of yellow and brown stains on walls and ceilings. Particles of 

the chemicals often become embedded in the sheetrock making stains impossible to remove. These harmful chemicals also leave behind 

a burnt smell that can endure along with the stains. Photo credit: New Hanover County Health Department
14 |CHANGE IS IN THE AIR

Reduced Legal Liability

Smoke-free policies can help to avoid lawsuits. Residents can 

file lawsuits over secondhand smoke. Claims may be based on 

legal precedents for nuisance, warranty of habitability, or the 

covenant of quiet enjoyment. Landlords, management companies, 

condominium associations, co-op owners, and smokers may all be 

found liable in such cases. Residents with pre-existing conditions, 

such as asthma or other respiratory illnesses, can file claims under 

disability laws, such as the Fair Housing Act.

Residents are not the only ones who can file a lawsuit over 

secondhand-smoke exposure. Staff and maintenance workers who 

are exposed to secondhand smoke may sue as well. Managers, 

staff, maintenance workers, or other employees who must enter 

the building over the course of a normal workday are at risk of 

exposure to smoke in the units and common areas. Most states 

have smoke-free workplace laws. Allowing smoking in common 

areas in buildings located in states or municipalities with smokefree workplace laws can be illegal.

3. Movement of Secondhand Smoke 

Between Units Cannot Be Controlled

The only sure way to prevent exposure to 

secondhand smoke in multifamily housing 

is to enforce a smoke-free policy.

The international standard-setting body for 

indoor air quality, The Board of Directors for the 

American Society of Heating, Refrigerating, and Air Conditioning 

Engineers (ASHRAE), unanimously agreed that ventilation and 

other air filtration technologies cannot eliminate all the health risks 

caused by secondhand smoke exposure.17

● Multifamily buildings share air ducts or vents, which means a 

lit cigarette in one unit can easily transmit tobacco smoke into 

another unit. Even in modern buildings designed to minimize air 

transfer between units, there is no way to guarantee that smoke 

will not be blown from unit to unit through open windows. 

Movement of smoke between units and evidence of improved air 

quality in buildings with smoke-free policies was identified in a 

recent study conducted in public housing.12

A 2009 study found that 

even with air filtration 

systems in place, lowincome multifamily 

housing that allows 

smoking indoors cannot 

control the spread of 

tobacco smoke. The 

study found that air in 

94 percent of units was 

contaminated, including 

89 percent of nonsmoking units.18
15 |CHANGE IS IN THE AIR

Allowing smoking in affordable housing means exposing an 

already vulnerable population to smoke.

Rates of chronic disease, such as cardiovascular disease, obesity, 

diabetes, and asthma, are higher in adults who live in public 

housing.19 Lower-income Americans are more likely than their 

higher-income counterparts to have been diagnosed with a major 

chronic health condition. These differences contribute to disparities 

in life expectancy between the lower half of the income spectrum 

and the upper half. Reducing risk factors, like smoking and 

exposure to secondhand smoke, has the potential for considerable 

health benefits for residents in affordable housing.

Infants and children are susceptible to secondhand smoke 

exposure. Children spend more time in the home than adults and 

have little or no control over their environment. In 2014, 37% of 

public housing residents were children.20 Low-income and minority 

children are more likely to have asthma, which can be triggered by 

secondhand smoke, and they suffer worse health outcomes from 

it. Black children are twice as likely to be hospitalized and are four 

times as likely to die from asthma as white children.21

The elderly and disabled are especially vulnerable due to chronic 

health conditions and an inability to physically escape secondhand 

smoke. Smoke-free policies help provide housing stability for 

residents with respiratory conditions, such as asthma or chronic 

obstructive pulmonary disease (COPD), or who breathe with 

assistance from a home oxygen respirator.

“When residents in 

Providence, Rhode Island, 

were surveyed, the results 

surprised even those 

on the resident council 

who were not passionate 

about smoke-free housing 

to begin with. I did vote 

against the smoke-free 

policy at first because I 

didn’t think it had support. 

But I was very surprised to 

see 95 percent of people 

in the building approved 

it. So I brought it back to 

the board. That’s when I 

changed my decision in 

favor of the policy.”

- Resident, Providence 

Housing Authority, Rhode 

Island
16 |CHANGE IS IN THE AIR

4. Residents Prefer Smoke-Free Housing

About one-quarter of all Americans live in 

multiunit housing, and the majority (80%), 

including people who smoke, have smoke-free 

home rules.22 Families are particularly concerned 

about the effects of secondhand smoke.

Surveys across the country show that residents in multifamily 

housing prefer smoke-free housing.

● Cambridge Housing Authority in Massachusetts surveyed its 

residents and found that 77 percent approve of inside and 

outside smoking bans. Seventy-nine percent of residents 

surveyed would prefer to live in smoke-free housing. Even 

among smokers, 29 percent supported an indoor smoking ban.

● A survey in Columbus, Ohio, showed that more than 50 percent 

of residents in subsidized multifamily housing supported 

complete smoking bans indoors.23

0%

100%

90%

80%

70%

60%

50%

40%

30%

20%

10% 414 380 32 412 385 23 421 405 18

Outside Ban, within 25ft Inside Ban Prefer smoke-free housing

77%

83%

43%

77%

84%

29%

79%

88%

23%

Resident Approval of a Non-Smoking Policy

Overall 538 Nonsmoker 460 Smoker 78

“We thought this smokefree policy would be a very 

positive thing. We were 

just a little bit concerned 

about what kind of 

reaction we would get. 

But as we began to have 

meetings and discussions 

about this, we learned that 

a majority of people would 

prefer to have a smokefree environment.”

- Rick Ball, Housing and 

Redevelopment Authority 

of Duluth, Minnesota

Cambridge Housing Authority, Massachusetts Healthy Air Initiative: 

Survey Results, January 2013

What do CHA residents think about non-smoking policies?

Overall, 77% of surveyed CHA residents approve of inside and outside smoking bans, and nearly 80% of surveyed residents 

would prefer to live in smoke-free housing. When responses were examined by looking at the responses of surveyed 

smokers and surveyed nonsmokers separately, it became clear non-smoking respondents would overwhelmingly prefer to 

live in smoke-free housing — nearly 90%. Interestingly, 23% of smokers would prefer to live in smoke-free housing, and 29% 

would support a smoking ban indoors.
17 |CHANGE IS IN THE AIR

● A statewide survey in Oregon showed that more than 70 

percent of renters in that state prefer smoke-free housing.24

● A survey in Douglas County, Nebraska, found more than 70 

percent of renters would choose smoke-free housing over 

housing that allowed smoking indoors.25

Most surveys find that over 50 percent of residents in multifamily 

housing in any given building or city prefer indoor smoking bans.

5. Smoke-Free Policies Are Legal

Smoke-free policies are legal, do not unlawfully 

discriminate against residents who smoke, and 

do not violate residents’ privacy rights. As of 

the date of this publication, no organization 

that has implemented smoke-free housing has 

faced a legal challenge.

Smokers are not a protected class and do not have any special 

legal status. Smoking is a public health issue, and smoke-free 

policies are not discriminatory because they do not prohibit 

anyone from renting a unit. They merely set rules as to what 

activities are permitted on the property.

PHAs and owners/agents of subsidized and market rate 

multifamily housing properties are encouraged to identify 

whether a property has a smoke-free policy in the property’s 

description and on its waiting list application. With this 

information available, a prospective resident can choose to be 

added to a waiting list for a property with the smoking policy 

status that they want. At the same time, a resident’s status as 

a smoker or non-smoker is irrelevant. An individual’s smoking 

status cannot be used to determine eligibility for applying for, or 

residing in, public or assisted multifamily housing. Current and 

prospective residents need to know they are allowed to smoke, 

just not in the areas that have been designated non-smoking, 

as determined by the property’s smoke free policy. Note: PHAs 

and multifamily property owners must not maintain separate 

smoking/non-smoking waiting lists.

Photo credit: Boston Housing Authority
18 |CHANGE IS IN THE AIR

Part III

Real Stories, Real Success: 

Smoke-Free Policies in Action

This section offers true stories from public housing authorities 

(PHAs) and agents/owners who share “how” and “why” they 

implemented a smoke-free policy. You will be able to identify 

with these pioneers from all over the country as they explain the 

benefits, challenges, sources of support and other lessons learned 

from first-hand experience. Some of the questions they respond 

to include:

• What motivated you to implement a smoke-free policy?

• Were your current staff and resources sufficient to take on 

this program?

• How did the smoke-free policy affect occupancy rates and 

turnover?

• What did you do about residents who were addicted to 

nicotine?

• Have you seen any cost savings?

• How do you enforce the smoke-free policy?

You will appreciate their candid comments, perceptive insights, and 

practical suggestions for implementation.
19 |CHANGE IS IN THE AIR

Q&As with Nine Smoke-Free 

Policy Pioneers

Transitioning from thinking about doing something to actually 

doing it, often involves overcoming obstacles. Considering a 

smoke-free policy and actually adopting one is no different. Every 

PHA and owner/manager goes through a similar process: exploring 

and overcoming concerns; building buy-in from staff and residents; 

developing a plan; and moving forward. For those who have 

not adopted a smoke-free policy, these steps can feel daunting. 

Often there is a belief that something must be different about the 

properties that were able to go smoke-free, such as residents who 

advocated for it, targeted funding to implement it, or management 

compelled to impose it. The experience of implementers, however, 

demonstrates that implementing a smoke-free policy is something 

every PHA or owner/manager can do. 

The following nine profiles of PHAs and owners/agents of projectbased Section 8 and market rate properties are derived from 

interviews conducted with smoke-free pioneers, early adopters 

of smoke-free housing policies. They have remained committed 

to the intent of their policies, and each reported that the policies 

are still effective. They all followed a similar pathway to adoption, 

implementation, and enforcement of a smoke-free policy.

The comments from people that appear in this guide represent 

their own opinions and recommendations, and do not represent 

official HUD policy. As you read their profiles, find the stories with 

which you most identify. 
20 |CHANGE IS IN THE AIR

Gail Livingston

Deputy Administrator for Housing Programs,

Boston Housing Authority

Boston, Massachusetts

Smoke-free since 2012

What motivated Boston Housing Authority to implement a 

smoke-free policy?

Over the last several years, we began to receive a large number of 

requests for reasonable accommodations from people who had 

respiratory problems; people wanting to be in an area where they 

would not be around cigarette smoke. Without a non-smoking 

policy, there was no way to manage that problem or guarantee that 

type of housing.

Small housing authorities are concerned they do not have the 

staff and resources to take this on. Is it as time consuming as 

people fear?

It is just a question of deciding what is important to do. You can 

adjust the amount of time it takes you on a day-to-day basis by 

figuring out what your implementation schedule is and how much 

time you are going to spend on this.

Has the smoke-free policy affected your occupancy?

Vacancy was not an issue for us when we implemented the smokefree policy. Our federal portfolio is at 98.5 percent occupancy.

How do you enforce the policy?

We have a five-step process. The first thing we do when we get a 

complaint, is to have the manager go to the unit, give the resident 

a copy of the policy, and notify the resident that management has 

received a complaint about smoking. We also provide the resident 

with a reminder of the smoke-free policy. If there is a second 

complaint, the manager has a second conversation with the resident 

and reports the actual complaint. A third complaint results in the 

resident receiving a written notice of violation and we hold a private 

conference with that resident. Either the person agrees to comply 

or not. Then we talk with the legal department to determine what 

additional enforcement actions can be taken including bringing the 

case to court. To date, we have not had to do this.

The Boston Housing 

Authority (BHA) houses 

approximately 10 percent 

of the city’s residents 

through the affordable 

housing programs it 

administers, including 

Section 8. The BHA 

consists of a mix of low-, 

medium-, and high-rise 

buildings and townhouses.

Boston was the first large 

city in Massachusetts, and 

the largest in the nation, 

to ban smoking in public 

housing, beginning in 

September 2012.
21 |CHANGE IS IN THE AIR

We say this is smoke-free housing, not smoker-free housing. 

Residents can go outside to smoke. For residents with mobility 

issues, we have made reasonable accommodations where we 

transferred them to a unit that is closer to an elevator or door to 

facilitate their ability to go outside to smoke.

Is enforcement working well enough to have the policy? 

Working with residents is crucial. We have facilitated smoking 

cessation programs and have given people opportunities to quit 

smoking through a variety of different avenues. Some of our 

residents are very good about giving us information regarding 

people who smoke in their units. This is helpful because we cannot 

be in every building every day. The great thing is that if someone 

is bothered by smoke, now we can do something. Encourage 

residents to take responsibility to report the smoke but not be 

confrontational with other residents who do smoke.

Is it important to have someone in management who

champions the smoke-free policy?

It is so crucial that there be a real commitment at a high level within 

the housing authority. In addition to (then) Mayor Menino making a 

public statement that the housing authority was going smoke-free, 

Bill McGonagle, the administrator of the housing authority, was 100 

percent behind it. He just said, “We are doing this; we are moving 

forward.”

All of the work that we’ve done over the past decade with the 

public health commission and other partners gave us a group of 

people to support and work with us. That was crucial, because 

having partners and other agencies working with us provides 

political and technical support, which is very important.
22 |CHANGE IS IN THE AIR

Scott Alderman

President, Landura Management Associates 

Winston-Salem, North Carolina

Smoke-free since 2010

Describe Landura Management Associates’ portfolio.

We currently conduct business in Virginia, North Carolina, South 

Carolina, Tennessee, and Kentucky. We also have two properties 

in Washington State. We manage over 4,500 units of affordable 

housing properties. Our properties include: one-story senior 

housing, all predominately under one roof, and family communities 

in different multilevel buildings. All of our properties are rural, 

and 85 percent of them are owned by Landura. The rest are feemanaged.

What motivated Landura’s decision to go 100 percent smokefree across the portfolio?

In September of 2009, HUD issued a letter to owners and agents 

saying that they were in support of smoke-free housing. It could 

not have come at a better time because in January of 2010, we 

had two very large smoking-related apartment fires within a 10-

day period that cost us well over $1 million. Both incidents involved 

smoking and oxygen tanks in the unit. Therefore, for us to try to 

protect assets, residents, owners, and lenders, we decided we had 

to do something. Because the recent smoke-free housing letter had 

come out, we thought we should be able to implement it without 

much roadblock.

Many properties are going smoke-free for the health benefit of 

residents. I am doing it for the benefit of the properties and safety.

How did you convince your staff to support the policy?

To get everybody on board, it had to start with me and go all the 

way down. It was not difficult to get my regional staff on board 

because they all work out of our home office. When we had those 

big fires, they saw up close how devastating it was. With a 40-unit 

elderly property and 10 units destroyed, the other 30 units had 

to move out too because the safety system in the building was 

compromised by the fire.

Rural southeastern U.S. is 

known to be big tobacco 

country, yet Landura 

Management effectively 

drew a line when it came 

to smoking inside its 

properties, implementing 

a smoke-free policy years 

before the idea took hold 

among other property 

owners/agents around the 

country.

Landura specializes in 

the management of 

apartment communities; 

primarily affordable 

housing sponsored by 

Rural Development of U.S. 

Department of Agriculture, 

the U.S. Department 

of Housing and Urban 

Development, and various 

state housing finance 

agencies.
23 |CHANGE IS IN THE AIR

How did you roll out the policy?

We sent letters to the residents that said, “Here’s what is going to 

happen, here are the revisions to the lease, here is a copy of the 

lease addendum, here are frequently asked questions and smoking 

cessation information, and here are the warnings that you will get.” 

We received very little pushback.

How do you enforce the policy?

We enforce it just like any other lease rule or regulation. We don’t 

use undercover tactics or have folks spying on everybody. We have 

found that residents will report other residents if they see them 

smoking. We go in all of our units at least monthly to change A/C 

filters and check for pests, which provides a regular inspection 

system for evidence of smoking. If we go into a unit and we can 

smell it or see it, it gets reported. If they violate the policy, we give 

residents terminations and warnings just like we do for any other 

lease violation.

“They have to know that 

you are serious about it, 

which is key.”

- Scott Alderman, 

President, Landura 

Management Associates

Photo credit: Tobacco Prevention and Control Branch in Raleigh. NC
24 |CHANGE IS IN THE AIR

When we find smoking, we issue a written warning that says the 

resident must immediately stop smoking in the unit. If it continues, 

we give another. The third time, we go to court. We’ve had two 

eviction cases since we started this in 2010: one in North Carolina 

and one in Virginia. We won both. The magistrates are looking at 

it as lease violations. There have only been two evictions because 

when we give terminations for violating the smoking policy, most of 

our residents are saying, “OK, I will start abiding by it,” or they leave 

and go to another property that allows it.

What kinds of savings have you seen?

Our operating costs have dropped a lot. We have had some of our 

bigger properties drop $5,000 to $6,000 per year. It is phenomenal. 

We are saving around $100 per unit, per year in turnover costs. 

I know it may not sound like a lot, but if you run on shoestring 

budgets that is a lot of money.

What’s been the impact on occupancy and turnover?

That seems to be the biggest concern I hear from other property 

managers by far. I can tell you that last month we had a 2 to 3 

percent vacancy rate across the properties. If residents leave 

because of the policy, it is not hurting vacancy because we are 

able to lease the units again. We also use our smoke-free policy as 

a marketing tool: prospective residents can come and live in a unit 

that has been smoke-free for two years now.

Someone I know at a large management company that conducts 

business in the same towns, said to me, “When you implemented 

this, I was just waiting with open arms to welcome everybody that 

ran from your property.” Then he said it never happened. Now 

two to three years later, they are doing the same thing we did, 

implementing smoke-free policies.

“People are getting used 

to smoke-free living. 

There are various kinds 

of smoking policies 

everywhere. You have to 

go through a paradigm 

shift on what is acceptable 

and what isn’t before 

everything becomes 

normalized. People 

finally got on board and 

understood the policy.”

- Scott Alderman, 

President, Landura 

Management Associates
25 |CHANGE IS IN THE AIR

Bill Cook

Director of Property Management, 

King County Housing Authority 

Tukwila, Washington 

Smoke-free since 2012

What motivated King County Housing Authority to implement 

a smoke-free policy?

The argument we made as leadership was that this is the best 

thing, health-wise, for our residents, and maybe more importantly, 

for our employees. Front-line field staff, whether they are 

maintenance or managers doing inspections, are in units far more 

than anyone else, except for the residents who live there. Exposing 

our employees to secondhand smoke as part of their work 

environment is not acceptable. We had employees who’ve worked 

at the housing authority for 20 plus years and did not really realize 

how much smoke they were encountering in their day-to-day work 

until we implemented the policy.

How did the smoke-free policy effort evolve?

In 2006, we started an internal workgroup to look at converting 

either some or all of our housing to non-smoking. The group was 

comprised of property management staff, resident services staff, 

representatives from our repair and weatherization department, 

and representatives from our Section 8 department. The 

workgroup met for about a year to create a plan for implementing 

a smoke-free policy. From those meetings we decided to pilot 

the policy at three properties, see how it went, and then consider 

expanding. The transitions at the pilot properties went well. A year 

and a half later, we expanded to about another 13 properties. Then 

about two-and-a-half years after that, we decided to convert all of 

our properties.

King County Housing 

Authority owns and 

manages almost 3,300 

units of subsidized housing 

for families, the elderly, 

and those with disabilities. 

All of the senior housing is 

mid-or high-rise buildings. 

More than 4,500 units 

of other rental housing 

are financed through tax 

credits or tax-exempt 

bonds.

King County wanted to 

ensure their properties 

support the health 

and safety of staff and 

residents. Their policy 

offers a compassionate, 

supportive approach 

to assisting residents 

with compliance, which 

they learned from Home 

Forward, the housing 

authority in Portland, 

Oregon.
26 |CHANGE IS IN THE AIR

How does your policy handle people who are struggling to quit 

smoking or to comply with the rule?

The reality is that none of us want to see an 83-year old woman 

lose her housing because she can’t physically get outside on a 

regular basis to smoke. That is when we inserted into our process 

an interactive last step before we got to an eviction. Our resident 

services department tries to work with the resident on quitting, or 

to help them get themselves outside regularly to smoke. For us this 

is a fail-safe mechanism, so that we would not get to enforcement 

and have to go to court, unless somebody was just absolutely 

refusing to follow the smoke-free policy.

How is the policy enforced?

We put enforcement of non-smoking near the top of our list of 

things that we want our site staff to be proactive about. At the first 

complaint, the site manager visits that unit and speaks with the 

resident who is being complained about to find out what is going 

on and see if there is evidence. Then, we send a follow-up letter 

thanking them for meeting with the site manager and reminding 

them of the policy. If we receive a second complaint, we have a 

formal meeting between that resident and the property manager 

to talk about the complaint. At that point the person is issued 

a 10-day notice, which is a legal notice from us. If we get a third 

complaint, we send another 10-day notice. If that 10-day notice 

is violated within those 10 days, a 30-day notice is sent to the 

resident. This is basically an eviction notice. We have never had to 

get to that point.

What did your local health department do to support the 

smoke-free policy?

The King County Department of Health has been a really good 

partner. They came to all of our resident meetings, provided 

cessation materials, and answered questions. Our resident services 

department is excellent and can definitely forward cessation 

information and materials to a resident, but when you have the 

Department of Health or a similar group involved, it really takes it 

to another level.

“Before we implemented 

it, internally we asked 

if we were prepared to 

evict somebody over 

violating a smoke-free 

policy. It took some time 

to find an answer we were 

comfortable with.”

- Bill Cook, Director of 

Property Management, 

King County Housing 

Authority
27 |CHANGE IS IN THE AIR

Rick Ball, Executive Director and

Diane Martin, Property Manager

Housing and Redevelopment Authority of Duluth

Duluth, Minnesota

Smoke-free since 2011

What motivated the Housing and Redevelopment Authority of 

Duluth to implement a smoke-free policy?

We experienced a death in one of our high-rise units: a person 

who had been smoking in his room fell asleep while smoking. The 

cigarette caught fire, and before the sprinkler system put out the 

fire, the person died from smoke inhalation. We began talking with 

folks at the American Lung Association who encourage smokefree housing. We see it as a health issue and also a finance issue 

because of the expense smoking incurs.

Initially, we were concerned about the kind of reaction our residents 

would have. However, in the resident meetings, we learned that a 

majority of people would prefer to have a smoke-free environment 

and were actually bothered by secondhand smoke.

As one of the staff who was initially resistant to the idea, 

what got you on board?

There was a fire in our building caused by cigarettes. Seeing the 

damage was more than enough to convince me that smoking in 

the buildings needed to stop.

In the beginning, I was concerned about the ability to monitor 

it: how we would track violations, what it would take to evict 

someone if there were violations, and ultimately how we would 

track where the smoke was coming from. I was adamant that the 

policy was going to take too much effort, and we were going to be 

spending our whole lives to get people to stop smoking. It was 

not actually like that at all.

The Housing and 

Redevelopment Authority 

of Duluth is smoke-free 

in all five of its high rise 

buildings, which mainly 

house seniors and 

individuals with special 

needs.

Winters in Duluth, 

Minnesota are long 

and cold. People keep 

windows closed for a 

large percentage of the 

year, reducing ventilation. 

A smoke-free policy can 

be more important and 

beneficial in this type of 

climate. Their success with 

the policy demonstrates 

the importance oflooking 

past climate as a barrier, 

and it points to the 

value of partnering 

with an organization 

like the American Lung 

Association that can assist 

with implementation.
28 |CHANGE IS IN THE AIR

Has the smoke-free policy been worth it?

If I had to do it over again, I would. It was worth it. The buildings 

are better off without smoking. In the beginning, the policy did 

take a lot of time and resources, but things have settled down. 

There have been a lot of maintenance savings, as it takes less time 

to turn a unit because it is not cigarette-damaged with burns in 

carpets or nicotine-stained walls. It really did not cost that much to

implement. Your staff already has to do their inspections, so they 

might as well check for evidence of smoking while they are on site. 

You may pay up front; but in the long run, you are going to be

saving money and saving lives, which is the bigger picture.

“I was concerned about 

the ability to monitor 

it, how we would track 

violations, what it would 

take to evict someone if 

there were violations, and 

ultimately how we would 

track where the smoke 

was coming from. I was 

adamant that the policy 

was going to take too 

much effort, and we were 

going to be spending our 

whole lives to get people 

to stop smoking. It was not 

actually like that at all.”

- Rick Ball, Executive 

Director, Housing and 

Redevelopment Authority 

of Duluth

Photo credit: American Lung Association in Florida
29 |CHANGE IS IN THE AIR

Scott Wilkerson

Principal and Chief Operating Officer

Ginkgo Residential

Charlotte, North Carolina

Smoke-free since 2007

What motivated Ginkgo Residential to implement a 

smoke-free policy?

The primary trigger was that we had about $4 million in damages 

from fires caused by the improper disposal of cigarettes. We had 

discussed smoke-free housing for several years, but no one was 

actually implementing any policies then. Our investors were very 

skeptical. We selected two properties to pilot the policy in areas 

that were progressive on anti-smoking. This went so well that we 

expanded.

How did Ginkgo inform residents when you converted properties, 

and how do you communicate it to prospective residents? 

We put out a simple survey. There were an overwhelming 

number of residents who wanted smoke-free housing. When we 

announced the results, we notified residents about the policy 

implementation timeframe. We advertise it in our brochures, 

newsletters, and in any information we hand out to prospective 

residents. We also have signs and large maps on our properties 

saying we are a smoke-free community and showing the locations 

of the smoking stations. We provide designated smoking stations, 

which include a nice wood bench with permanently mounted 

ashtrays that are accessible and well-lit.

How long does the implementation process take to convert 

a property to smoke-free?

For us, it takes about 18 months because we grandfather in 

smokers on existing leases. When a resident’s lease is up for 

renewal, they either sign the lease addendum or they move out.

Ginkgo Residential focuses 

on middle-market rental 

housing with a mix of twoand three-story apartment 

buildings and townhouses. 

Since 2007, Ginkgo has 

converted 10,000 units 

in North Carolina, South 

Carolina, Virginia, Florida, 

and Texas to smoke-free 

housing.

Gingko Residential has a 

clear vision of responsible 

property investing, which 

they define as a focus 

on people, planet, and 

profit. Years ago, they 

stepped ahead of their 

industry and embraced 

water-efficient fixtures, 

ENERGY STAR appliances, 

efficient lighting, and low 

VOC paint and carpeting. 

A smoke-free policy was 

a natural extension of 

these principles, but it was 

counter-cultural for the 

South.
30 |CHANGE IS IN THE AIR

How is the policy enforced?

The policy is mainly self-enforcing, because the residents like the 

policy and do not smoke in the buildings. All residents have a 

responsibility to notify the management if someone is smoking 

in the building. When someone calls us to complain about a 

neighbor smoking, we call that resident to remind him or her of 

the policy. If the resident admits that someone was smoking in 

a unit, we will give an official verbal warning. A second or third 

offense results in a written warning. A fourth offense is a $250 fine 

paid to the American Lung Association [Editor’s Note: a fine can 

be imposed in market rate housing but not in public or federally 

assisted multifamily housing. A public or subsidized multifamily 

housing resident can be charged for property damage or cleaning 

due to smoke damage at the end of their tenancy.] We have only 

had a few of these instances so far; most people never get to this 

point. We have not taken anyone to court over the policy. In every 

continuing violation case we have had, once we send an eviction 

notice letter, the tenant moves out.

Has the smoke-free policy affected your occupancy rate?

If anything, we have seen an increase in our occupancy rate. We 

believe there are many more people who want to rent from us 

specifically because our properties are smoke-free. This includes 

smokers who do not smoke in their units and do not want anybody 

smoking in their building.

What was the greatest challenge about implementing a 

smoke-free policy?

Getting the buy-in from all the people involved: the owners, 

investors, and staff members. You have to convince them that this 

is the right thing to do. As a company, we were afraid of a smokefree policy and debated implementing one for years. We were 

afraid we were going to lose our customer base and many people 

would move out. But our customers want smoke-free housing. We 

see survey results where 75 percent of residents prefer smoke-free 

housing and 50 percent would pay more for it.

“We have not taken 

anyone to court over the 

policy. In every continuing 

violation case we have had, 

once we send an eviction 

notice letter, the tenant 

moves out.”

- Scott Wilkerson, Principal 

and Chief Operating 

Officer, Ginkgo Residential
31 |CHANGE IS IN THE AIR

Carmen Moore-Minor

Community Resources Manager

Metropolitan Development and Housing Agency

Nashville, Tennessee

Smoke-free since 2011

Why did the Metropolitan Development and Housing Agency 

of Nashville decide to implement a smoke-free policy?

In 2010, our former Executive Director, Phil Ryan, had the idea 

to initiate a non-smoking policy in our high rises and to provide 

nonsmoking classes. The initial plan was to have a test property 

and then implement it at all seven high-rises, but we ended up 

fast-forwarding the initiative.

How did you engage your residents in the decision to 

implement a smoke-free policy?

We held a focus group and conducted surveys to gauge how 

people felt about the policy, whether they were open to trying to 

quit, and what services we could provide them. We learned that 

many residents, including people who smoked, did not want their 

apartments to smell of smoke and were already smoking outside. 

Many residents who have family that visit their apartments were 

already aware of the health effects of secondhand smoke and did 

not smoke in their apartments.

Describe the services Nashville Metropolitan Development 

and Housing Agency offered to support residents.

We felt it was our responsibility to support health and cessation 

services so that people would grow to embrace the whole notion 

of non-smoking, even if they had smoked for the last 60 years. 

Many of the residents had smoked most of their lives, ever since 

they were teenagers. Try telling an 80-year-old woman that she 

should stop smoking when she started at the age of 14 or 15! This is 

why we approached this issue with social services at the forefront.

The Nashville Metropolitan 

Development and Housing 

Agency has a total of 20 

properties with a mix of 

public housing, including 

elderly and family 

properties. All seven highrise buildings are smokefree.

Nashville MDHA embraced 

a wrap-around service 

approach to its policy 

implementation, for which 

MDHA found health 

partners to provide a range 

of support services to their 

residents, many of whom 

are elderly. 
32 |CHANGE IS IN THE AIR

We launched a non-smoking service fair at our initial test 

property, where people could sign up for cessation classes, which 

started shortly thereafter. Those classes went on for a year and 

a half before the start date of the policy. We used a behavioral 

modification model for the classes, which was designed by one of 

our social workers to help people manage or eliminate unhealthy 

behaviors. We wanted to be able to provide smoking cessation 

classes, and they were general enough that we could tell people, 

“OK, you don’t smoke, but is there anything else you want to work 

on?” Even though the underlying theme of that class was smoking 

cessation, we wanted to help as many people as possible.

Describe the partners you engaged for this effort.

We had partnerships ranging from the health department, to local 

clinics and mental health providers. We had home health care 

providers for folks who were not able to go to a clinic. We also 

partnered with organizations that provided students to help teach 

some of the classes. Leveraging partnerships was instrumental in 

making this happen.

Photo credit: If you choose to reproduce, or modify this photo, we request that you please contact Live Smoke Free.
33 |CHANGE IS IN THE AIR

Faye Dodd

Executive Director

Murray Housing Authority Murray, Kentucky

Smoke-free since 2009

How did you become the first housing authority in Kentucky 

to go smoke-free?

We had a situation with an elderly resident who was asthmatic or 

allergic to smoke and lived next door to a smoker. Fair Housing 

became involved because they wanted her to live next door to a 

nonsmoker. Of course, we did not screen for that or know who 

smoked and who didn’t. So that kind of sparked the thought that 

air quality issues can impact your neighbors and that there could 

be some accommodation issues.

I was first introduced to the idea of smoke-free housing at the 

2008 National Association of Housing and Redevelopment 

Officials (NAHRO) conference. I brought the idea to my board and 

explained how much money could be saved on turn-around. I have 

a very supportive board, but it is such a huge change, as we are in 

the heart of tobacco country. There was concern about what the 

backlash would be.

Then in the spring of 2009, we had a resident who fell asleep with 

a cigarette and burned a duplex. The fire swayed us to realize 

this is about more than air quality; smoking is truly a health and 

safety hazard. We adopted the policy and it became effective on 

September 1, 2009.

Were existing residents allowed to continue to smoke indoors? 

We grandfathered in current residents until their leases renewed. 

We chose to grandfather those people so that they could make 

the decision to leave when their lease renewed. We did not have a 

mass exodus. Everyone stayed.

Is smoking allowed on the property?

Units have attached porches out front where residents can smoke. 

They have to pick up their cigarette butts. We’ve probably had two 

complaints that I can think of. Someone said that when they have 

windows open, that someone’s smoke on the porch blows into the 

apartment.

Murray Housing Authority 

is composed of 206 units 

that are either duplex or 

stand alone, with a mix of 

elderly and family housing.

At the Murray HA, a 

single staff person, Faye 

Dodd, proposed and 

implemented the policy. 

Ms. Dodd is notable in her 

Southern tobacco-farm 

region for her vision of 

seeing a way to reduce 

secondhand smoke 

exposure among residents 

and accommodate 

smokers’ interests.
34 |CHANGE IS IN THE AIR

How did residents react when you announced the policy? 

No one had an issue with it, and I was surprised. I actually think 

people were thankful that now there wouldn’t be smoking in the 

apartment next door, and their kids would not have to breathe it. It 

was actually the opposite of what most people would have thought 

would happen.

We have had several residents say they appreciate it and that 

they think it’s great because they are not breathing smoke from 

next door.

Have you seen any cost savings?

Yes! We estimate that we are saving $700 for turning over a 

three-bedroom unit. We are saving money on paint because less 

is needed and on labor because less time is needed to turn over 

a unit.

“We estimate that we are 

saving $700 for turning 

over a three-bedroom 

unit. We are saving 

money on paint because 

less is needed and on 

labor because less time 

is needed to turn over a 

unit.” 

- Faye Dodd, Executive 

Director, Murray Housing 

Authority
35 |CHANGE IS IN THE AIR

Larry Sisson, President

John Bower, Regional Manager

TESCO Properties

Section 8 Housing across the United States

Smoke-free since 2014

What motivated you to implement a smoke-free policy? 

We had three motivators: first, we care about the health of our 

residents; second, we want our housing to be competitive; and 

third, we want to reduce our insurance rates. 

I noticed that brand new, grade-A properties were being built as 

smoke-free. The smoke-free trend is what future renters are seeing, 

and I want our properties to be competitive. We also believe 

that removing smoking reduces our risk of insurance losses, and 

ultimately, will reduce our rates. More importantly, the health risk 

of smoking is well documented, and we want to provide a healthy 

home for all of our residents.

How did your tenants respond to the policy?

It was surprising that the majority of residents had a positive 

response. At our initial resident meeting, we had mostly nonsmokers express that they were very happy with the change. A 

few of our smokers expressed concerns. The meeting allowed us to 

explain the policy and address those concerns.

We make the distinction that we are not asking residents to 

quit smoking. We are just asking them not to smoke inside 

their apartments or in the building. However, we did have 

a number of residents quit smoking. The new policy gave 

them a good reason to say, “You know what? I think it is 

time I quit.”

Have occupancy rates been affected by the smoke-free policy? 

We were concerned that our occupancy rates would drop; but in 

reality, we saw very little change. We did have a few move because 

of the new policy; however, we had more applicants seeking a 

smoke-free environment.

TESCO Properties, 

based in Germantown, 

TN, owns and manages 

approximately 6,000 

units in 11 states. All 

properties in New York, 

which are high-rises, are 

100 percent smoke-free as 

of January 2014; TESCO 

plans to convert all of their 

properties to smoke-free 

by 2016. 
36 |CHANGE IS IN THE AIR

Did you work with a partner during implementation of the 

policy? Tobacco-Free New York was involved from the start. 

They came to our meetings and helped us explain some of the 

misconceptions the residents had about secondhand smoke in the 

buildings. Having a third party give tenants information 

added credibility to what was coming from management.

What is one message that you would tell your 

counterparts considering implementing this policy?

A smoke-free policy can have a positive impact on 

your operations.

“We did have a number 

of residents who quit 

smoking. The new policy 

gave them a reason to say, 

‘You know what? I think it 

is time I quit.’” 

- Larry Sisson, President

TESCO Properties

Photo credit: Faribault, Martin & Watonwan Counties Statewide Health Improvement Program.
37 |CHANGE IS IN THE AIR

Andrea Janis, Senior Property Manager 

Heartland Christian Tower 

Nashville, Tennessee

Smoke-free since 2013

When a property in a national portfolio adopts a smoke-free 

policy, it may create a positive ripple effect. The regional vice 

president carried the idea to management; as a result, National 

Church Residences recently approved a smoke-free policy and is 

aiming for full implementation across its nationwide portfolio of 

330 communities in 28 states and Puerto Rico. National Church 

Residences is the nation’s largest not-for-profit provider of 

affordable senior housing. It also provides supportive housing for 

the disabled and formerly homeless.

What motivated Heartland Christian Tower to implement a 

smoke-free policy?

The idea of a smoke-free policy originated with the tenants. We 

began to look into a smoke-free policy and then the HUD notice 

on how to go smoke-free came out. We put a lot of work into 

researching it because people were very adamant about wanting 

to become a smoke-free property.

Following the HUD guidelines, I created letters for people who live 

in the building and people who were on the waitlist. I surveyed 

all the tenants to ask if they wanted to go smoke-free and the 

majority were really gung-ho about it. Then I approached the board 

with our documentation and research findings, highlighting the 

pros and cons of going smoke-free, and the number of smokers 

we have in the building. It was then that the board agreed to 

implement a smoke-free policy.

How did National Church Residences react to the implementation 

of a smoke-free policy at your property?

My regional vice president took it upon himself to present it to the 

National Church corporate level. The corporation implemented a 

smoke-free policy across the board in November of 2013. They plan 

to have all owned and/or managed properties go smoke-free.

Heartland Christian Tower 

is a project-based 202 

PRAC property. It is a 

four-story, 58-unit building 

for seniors. The property 

is managed by National 

Church Residences.

Andrea Janis, Senior Property Manager

(Photo Credit: Staci Bergeron)
38 |CHANGE IS IN THE AIR

How do you enforce the policy?

We created a Tenant Request form that tenants can use to notify 

the management if they smell smoke or see someone smoking. It 

captures details: where they think it is coming from and the time 

of day. This system makes sure we have complaints in writing. I will 

go to that unit, and if I see any evidence of smoking, such as a lit 

cigarette or ashes in an ashtray, I will charge the resident with a 

violation.

Have you ever evicted someone for violating the 

smoke-free policy?

I am working on my first one now, but we are working with that 

resident to explore other housing options for him before we file.

“The benefit of having a 

corporate-wide smokefree policy is that we are 

confident in how we’ve 

created it. We have 330 

properties scattered 

across the country and 

now we have a policy 

implementation blueprint 

for them.”

- Matthew McGuire, 

Director of Affordable 

Housing Programs and 

Policies, National Church 

Residences

Heartland Christian Tower, Nashville, TN (Photo Credit: Staci Bergeron)
39 |CHANGE IS IN THE AIR

Part IV

Recommended Steps to Implement 

a Smoke-Free Policy

The steps described in this section will guide you as you learn more 

about smoke-free policies, present your ideas to your staff, board, 

and residents, and begin to implement a policy. The suggestions 

will also help your efforts in enforcement and data collection to 

track policy effectiveness. This section will support you as you 

begin to ask critical questions, including:

• What are HUD’s recommendations about implementing 

smoke-free policies?

• How can I reach other owners/agents to ask about their 

experiences in adopting smoke-free policies?

• How do I recruit community partners?

• How do I approach staff, residents, and my board?

• What is the best way to train my staff?

• What are the most effective ways to undertake enforcement?

The activities and suggestions in this section provide a path to 

ensure the adoption of a successful smoke-free policy.
40 |CHANGE IS IN THE AIR

1. Get Started

1. Review HUD Notices

2. Contact owners/agents of local properties 

with smoke-free policies

3. Learn about local smoke-free laws

4. Review examples of smoke-free policies and 

related forms

5. Look for community partners

2. Move Forward

1. Present idea to staff, board, and resident council

2. Survey residents

3. Develop your policy

4. Set your plan and timeline

5. Obtain board approval to begin comment period

6. Notify residents and begin 45-60 day 

comment period

3. Ready to Implement

1. Prepare frontline staff

2. Prepare resident services

3. Focus on vulnerable residents

4. Help residents set appropriate expectations

5. Inform your local legal aid office about the policy

6. Schedule lease/lease addendum signings before 

the start date

7. Install permanent signage

4. Stay Committed to Enforcement

1. What to expect once the policy starts: tips to stay 

on track

2. Collect the data you need to track policy 

effectiveness

3. Assess whether policy is being implemented as 

planned; identify what works so you can improve

Recommended Steps to Implement a Smoke-Free 

Policy in Multifamily Housing

Communicate with Residents

Build understanding about the 

hazards of second-hand smoke

Use consistent language: this is 

about smoke, not the smoker

Give 6-18 months advance notice

Announce and continually 

reintroduce quit smoking classes, 

relapse prevention classes or peer 

support groups for people who 

want to quit

Regularly communicate about the 

policy and enforcement

Communicate with Staff

Build understanding about the 

hazards of second-hand smoke in 

multifamily buildings

Discuss opportunities and 

challenges of a smoke-free policy 

Train staff to be proactive about 

enforcement

Provide resources they can give 

residents on cessation help

Provide additional training on 

special situations

Regulary talk about the policy and 

enforcement

✓
41 |CHANGE IS IN THE AIR

In this section, recommended steps are described in the 

sequence they commonly occur. These steps are not a formal set 

of directions because every organization is unique and requires a 

slightly different pathway to implementation. You will need to tailor 

the steps to match your organization’s interests and capacity. Most 

of the steps apply to all types of properties.

Get Started

This first phase will educate you about smoke-free policies and give 

you confidence to move forward. Each of the tasks will help you 

gather information that can be used to make the case for a smokefree policy to your board, staff, and residents.

1. Review HUD Notices

To get started in this effort, ground yourself in the basic information. 

Review HUD Notice PIH-2012-25: Non-Smoking Policies in Public 

Housing and HUD Notice 2012-22 Further Encouragement for O/

As to Adopt Optional Smoke-Free Housing Policies (see Appendix 

A). Become familiar with the steps outlined in this Action Guide. 

For technical assistance from HUD’s Office of Public and Indian 

Housing, you can refer to the contact information provided on the 

PIH Notice. For questions regarding the requirements in the Notice 

published by HUD’s Office of Housing as they pertain to the Office 

of Multifamily Housing’s programs, please contact the local HUD 

Multifamily Field Office. 

“Enforcement begins with 

your initial consideration of 

a no-smoking policy and 

the steps taken to adopt 

it. How and what you do 

prior to adoption and 

implementation will set the 

context in which your staff 

must enforce the policy.”

- Bill Cook, King County 

Housing Authority, Tukwila, 

Washington

Photo credit: If you choose to reproduce, or modify this photo, we request that you please contact Live Smoke Free.
42 |CHANGE IS IN THE AIR

2. Contact Owners/Agents with Smoke-Free Policies

Discussing the process of going smoke-free with other owners/ 

agents of subsidized or market rate multifamily housing can be 

invaluable. Owners/agents are eager to talk about it, whether they’re 

contemplating adopting one, are in the early stages of planning, or 

are already experienced implementers. Two-thirds of respondents 

to the survey issued by the National Association of Housing and 

Redevelopment Officials (NAHRO) on smoke-free policies indicated 

an interest in learning from others about smoke-free policy 

adoption, and the majority of respondents with a policy in place said 

they were willing to share their experiences with others.

● Sources to find PHAs or owners/agents:

O National Association of Housing and Redevelopment Officials 

(NAHRO) has regional chapters and state associations that 

can recommend resources. There are PHAs in every state 

that are smoke-free. http://www.nahro.org 

O The National Affordable Housing Management Association 

(NAHMA) has regional networks. http://www.nahma.org/

content/map1.html 

O National Apartment Association has online communities for 

property managers and affordable housing. 

http://www. naahq.org/public-communities 

O Americans for Nonsmokers’ Rights tracks communities with 

market rate multiunit housing and public housing that have 

policies restricting or prohibiting smoking. http://www.nosmoke.org/goingsmokefree.php?id=519#venues 

O Apartment-finder websites list local smoke-free buildings and 

their property management companies.

● Ways to connect with other owners/agents of subsidized or 

market rate multifamily housing:

O Host a meeting or form a group with a central organizer 

Consider asking owners/agents if they would be interested 

in forming a group to share and learn about smoke-free 

policies. The American Lung Association and tobacco-control 

programs in health departments actively promote this type 

of discussion and may be willing to help you hold meetings.

For example, The American Lung Association in Arizona 

helped start a forum for owners/agents that includes 

representatives from market rate, subsidized, and public 

housing properties.

“The forum information is 

hugely beneficial. We’re 

even trying to set up an 

online-site so we can have 

access to each other’s 

materials.” 

- Jayna Van Den Einde, 

Area Manager, McCormack 

Baron Ragan
43 |CHANGE IS IN THE AIR

O Talk about smoke-free policies at regional meetings 

Take the opportunity at conferences to ask colleagues about 

smoke-free policies. For Faye Dodd, Executive Director 

of Murray Housing Authority in Kentucky, this is how she 

learned how to initiate a smoke-free policy. Learning that 

others experience similar hesitations can encourage you and 

provide helpful insights.

3. Learn about Local Smoke-Free Laws

The majority of the U.S. population is now covered by smoke-free 

provisions in workplaces, factories, restaurants, and bars. Most 

states—39 in all—have smoke-free laws that restrict where smoking 

is allowed. The sweeping increase in smoke-free laws began in 2002 

with one state, Delaware. Since then, there has been a sizeable 

cultural shift in norms regarding expectations for clean indoor air 

and an equally sizeable shift in smokers’ behavior. Smoking rates 

have also declined rapidly, especially among those with higher 

incomes, and to a less extent, among those with low incomes.

Contact your local health department to ask about local smokefree laws.

4. Review Examples of Smoke-Free Policies

Smoke-free policies follow a similar structure and share common 

elements. Well-developed policies are publicly available to review 

and learn from, and they can save you the trouble of writing your 

own.

For example, in California, smoke-free housing policies have been 

adopted in 55 communities. The policies protect residents in 

multifamily housing. The specific policy language and enforcement 

plans vary and can be viewed on the website of the American 

Lung Association in California’s Center for Tobacco Policy and 

Organizing: http://Center4TobaccoPolicy.org/smokefree-multiunit-housing/. 

To decide what to include in your smoke-free policy, you may 

also want to review what commonly appears in policies. Visit the 

website of the Public Health Law Center to review its publication, 

Regulating Smoking in Multi-Unit Housing. It includes links to many 

properties’ smoke-free policies: http://publichealthlawcenter.org/ 

sites/default/files/resources/tclc-fs-reg-smoking-MUH-2013 0.pdf. 

“I was at an industry 

conference and was 

able to talk to other 

housing professionals 

who have implemented 

a smoke-free policy. We 

discussed how to deal with 

enforcement of the policy 

when residents continue 

to smoke inside their 

apartments. Brainstorming 

and sharing experiences 

with others in the industry 

was very helpful.”

- John Bower, TESCO 

Properties, Germantown, 

Tennessee
44 |CHANGE IS IN THE AIR

You may also want to review additional policy-related materials on 

the HUD Smoke-Free Housing website, including a sample lease 

addendum or House Rules. These materials will be made available 

on HUD’s website: http://portal.hud.gov/hudportal/HUD?src=/

smokefreetoolkits1.

For PHAs: PHAs opting to implement a smoke-free policy must 

change their House Rules with a lease addendum and obtain board 

approval for the change. HUD does not need to provide approval 

of a smoke-free policy. PHAs should update their Annual Plans to 

reflect the change to the House Rules.

For Owner/Agents: HUD encourages owners/agents of subsidized 

or market rate multifamily housing to review the notice on smokefree policies for an overview of the guidance. Owners/agents 

choosing to implement a smoke-free housing policy must update 

their House Rules and Policies and Procedures, as applicable, to 

incorporate the smoke-free housing requirements. The policy goes 

into effect as residents renew their leases. The notice outlines 

HUD’s requirements and cautions against policy elements that 

are not allowed. HUD does not have to provide prior approval to 

owner/agents that want to implement a smoke free policy.
45 |CHANGE IS IN THE AIR

Items to Include in a Smoke-Free Policy

According to the Public Health Law Center’s Tobacco Control 

Legal Consortium, an effective smoke-free housing policy typically 

includes the following elements:

● An introduction that explains the policy’s purpose, which can 

include information about the dangers of secondhand smoke.

● Clear, consistent definitions of important terms, such as 

“smoking,” “premises,” and “common area,” to help ensure that 

the policy is interpreted, implemented, and enforced in ways that 

effectively protect the entire housing community.

● Information on which areas must be smoke-free, such as 

common areas, units (new and/or existing), outdoor areas 

(including patios and balconies), and setbacks from entrances.

● Description of who must comply, such as residents, guests, 

employees and business visitors.

● Disclaimer that the landlord is not acting as a guarantor of the 

policy. This provision helps protect landlords of smoke-free 

buildings from claims brought by residents injured as a result of 

policy violations unknown to the landlord.

● Information on enforcement:

O Who will enforce the policy (local government, private 

citizens, landlords, condominium association).

O How the policy will be enforced (verbal warnings, warning 

letters, fines, eviction).

O Responsibility of landlords (post warning signs, consistently 

enforce the policy).

O Responsibility of residents (notify guests and visitors, report 

violations).

O Smoke-free leases and agreements are often signed by 

everyone on the lease agreement who is 18 years or older 

and the landlord.
46 |CHANGE IS IN THE AIR

Review Sample Enforcement Plans

A smoke-free violation is a lease violation and requires an 

organization to react appropriately. PHAs may help residents 

change their smoking behavior and keep their housing. They may 

involve resident services staff or a case manager, provide cessation 

materials, or conduct a private meeting between the resident 

and the property manager to discover the reason for the policy 

violation.

Below are examples of enforcement plans.

● Enforcement Plan for Home Forward, Portland, OR 

(public housing)

1st Violation Verbal Warning and 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 without the Option to Remedy

Additional history for Home Forward enforcement: Since 2009, 

51 notices with option to remedy issued across 2,000 units; nine 

notices issued with no option to remedy. One went to court; 

however, it was for other, major violations so the smoking violation 

was not mentioned.

The effect of any 

intervention may result in 

a simple modification. In 

one instance, an elderly 

resident with mental 

health and memory 

issues admitted she kept 

forgetting about the 

policy. Working with her 

social worker, the property 

manager put signs around 

her apartment that 

simply and clearly said, 

“Remember: no smoking 

inside.” 
47 |CHANGE IS IN THE AIR

● Enforcement Plan for Duluth Housing Authority, Duluth, MN 

(public housing)

1st violation Verbal discussion with the property

manager and a breach of no-smoking policy

letter (21 violations)

2nd violation Discussion of the smoking policy with the

property manager, a written notification of

the violation which the resident must sign

to show agreement to the terms of the lease

that include termination if the policy is

violated after three times (11 violations)

3rd violation Eviction letter, which results in either eviction

or a probationary agreement

Additional history for Duluth Housing Authority from February 2012 

to May 2014, in 536 units within four high-rises: two evictions for 

smoking and six evictions for other reasons in addition to smoking.

● Enforcement Plan for Landura Associates, affordable 

housing properties in Southeastern U.S. (includes subsidized 

multifamily housing)

1st violation Written warning

2nd violation Written warning

3rd violation Letter of eviction

Additional history for Landura Associates: Policy has been in effect 

since 2010 in 4,500 units. There have been two eviction cases since 

2010, one in North Carolina and one in Virginia.

Note: Written notice of termination of tenancy (i.e., letter of 

eviction) must be in accordance with HUD, state, and local 

requirements. 

5. Look for Additional Community Partners

Involving community partners who have an interest in your effort 

will lead to greater support, more ideas on the table, a better 

understanding of the resident community context, and a more 

effective effort.
48 |CHANGE IS IN THE AIR

● Contact your state’s Office on Smoking and Health’s Tobacco 

Control Program

The Centers for Disease Control (CDC) Office on Smoking and 

Health funds tobacco control programs in all 50 states, the District 

of Columbia, and the Territories. Contact information for each 

state’s program is available on the Tobacco Control Network 

website, http://www.ttac.org/TCN/members/state reps-toc.html. 

When you call, ask to speak with the program manager, and that 

person can direct you to the best state or local resources in your 

area.

Resources and services vary depending on funding. The types of 

services that many programs provide include:

O Technical assistance in implementing a smoke-free policy in 

a multifamily housing property or a PHA.

O Assistance communicating with residents and staff about the 

health risks of secondhand smoke in multifamily housing.

O Materials and presentations on secondhand smoke health 

risks.

O Information about available cessation resources.

O Information about the state Quitline, which can be accessed 

by calling 1-800-QuitNow. This national number directs 

callers to their state Quitline.

● Contact the American Lung Association

The American Lung Association has local chapters across the 

country. The best way to contact the American Lung Association is 

to visit its website, http://www.lung.org/. Click the Get Involved link 

and select the In Your Community page to find your local chapter.

● Contact community-based programs for support

Community-based programs can provide implementation 

assistance and cessation resources. Some local programs may 

even be able to offer mini-grants or “adopt” a property that is 

going smoke-free. The resources available in each community will 

vary, but most communities have some, if not all, of the following:

O Health clinics may be able to arrange a referral mechanism 

with resident services to provide direct referrals for 

smokers to use cessation services. Nashville’s Metropolitan 

Development and Housing Agency partnered with Parthenon 

Clinic to distribute cessation resources, including nicotinecontaining lozenges, gum, patches, and additional cessation 

medications. The Clinic also provided medical care to those 

who received smoking cessation assistance.

“The American Lung 

Association has been so 

critical to this process, 

so supportive, so very 

thoughtful. Really, they 

are just such a super 

partner. That would be my 

strongest piece of advice: 

connect with the American 

Lung Association.”

- Rick Ball, Executive 

Director, Housing and 

Redevelopment Authority 

of Duluth, Minnesota
49 |CHANGE IS IN THE AIR

O Asthma management programs may be interested in 

talking with residents about managing asthma triggers in 

the home, especially secondhand smoke. Some programs 

are funded to assist low-income populations that experience 

a disproportionate asthma burden (see sidebar story 

on Sinai Urban Health in Chicago Public Housing). Many 

asthma programs train and employ community health 

workers (CHWs), residents within a community who speak 

the dominant language. CHWs are ideal messengers to 

carry forward the health reasons for a smoke-free policy to 

residents in low-income or non-English speaking resident 

communities. To find a local asthma program in your area, 

visit http://www.AsthmaCommunityNetwork.org. Click ‘Find 

a Program,’ type in your zip code, and click on the program’s 

hyperlinked name to visit its website and find contact 

information.

O Healthy Housing organizations and programs work on a 

range of issues, including: indoor air quality, asthma triggers, 

lead, mold, pests, and other conditions that have a negative 

impact on health and well-being in the home. Contact your 

state or local health department to reach the healthy housing 

program.

O Area banks and stores may be interested in funding signage 

to communicate and support the policy or providing items 

like t-shirts, posters, bags and refrigerator magnets to 

distribute the day the policy is launched.

O Inform your local legal aid office. Taking initiative to 

communicate to legal aid allows you to share your rationale 

and emphasize that your intent is to support your mission of 

providing a healthy and safe environment for residents. Some 

legal aid and tenants’ rights groups may be concerned about 

resident displacement. Be prepared to share findings that 

this policy is effective in hundreds of PHAs and affordable 

housing properties nationwide, and when implemented 

with appropriate communication to residents, leads to very 

few evictions. Plan to meet with the local legal aid office 

again once the policy is developed to explain the multi-step 

enforcement process and the support residents will receive 

through regular communication about the policy.

“Our office is doing lots 

of statewide outreach and 

education to PHAs on the 

benefits of smoke-free 

housing. For the ‘Great 

American Smokeout’ day 

in 2013, we hosted Lunch 

and Learns for about 

35 PHAs and over 700 

participants. One thing 

we hear from residents 

at PHAs is their concern 

about secondhand smoke 

and its effect on their kids 

with asthma.”

- Kimalesha Brown, 

Mississippi State 

Department of Health, 

Office of Tobacco Control, 

Jackson, Mississippi
50 |CHANGE IS IN THE AIR

O College and university schools of public health may be 

interested in conducting your survey and analyzing the 

results. Vincent Leggett, Executive Director of the City of 

Annapolis Housing Authority in Maryland, worked with 

graduate students from Morgan State University to conduct 

focus groups with residents. The graduate students also 

offered informational sessions for residents about the 

health risks of secondhand smoke, tobacco addiction, and 

cessation.

Move Forward

You have educated yourself and others, and you have copies of 

many stories and policies to share as needed. At this point you 

have a vision of a smoke-free property. You feel convinced it is the 

right thing to do, and there are others in management and key staff 

positions who feel as certain.

Now it’s time to engage staff, the board, and resident council, to 

begin to build their support. Your goal is to open the conversation, 

provide factual information, and express your commitment to 

providing a safe and healthy environment for staff and residents.

Asthma Program Partners with Chicago Public Housing 

The Sinai Urban Health Institute partnered with the Chicago Housing Authority to implement an 

asthma intervention for 157 families, many living with someone who smoked in the home, a common 

asthma trigger. The goal was to improve asthma by educating families about medical asthma 

control and reducing asthma triggers in the home. The education was provided by residents trained 

to be community health workers. The program’s results included a major reduction in emergency 

department visits for asthma and an 80 percent reduction in home asthma triggers.

“Having resident 

champions lends resident 

support to the smokefree initiative and offers 

enforcement support and 

encouragement after the 

policy has been adopted.”

- Lindsey Dixon, Cook Inlet 

Housing Authority
51 |CHANGE IS IN THE AIR

1. Present the Idea of a Smoke-Free Policy to Staff, 

Board, and Resident Council

1. Be prepared to take the necessary time to discuss concerns and 

answer questions about a smoke-free policy.

It may take months of board meetings until members agree that 

a policy is needed. One smoke-free pioneer recalled listening 

carefully to board members’ concerns and realizing that although 

she had provided compelling health and cost data, it was a 

personal story about a resident that caught their attention. In the 

next meeting, she came with residents who could talk about how 

secondhand smoke affected their quality of life. This convinced the 

board to move forward with the policy.

2. Develop a presentation with information you collected in your 

research, including:

O HUD’s support of smoke-free policies.

O Hazards of secondhand smoke, especially among the 

populations served by your organization.

O The legality of smoke-free housing policies.

O Costs related to smoking: turnovers, fires, and insurance.

O Examples of other PHAs or properties that implemented 

smoke-free policies and their experiences.

O Community partners and their roles.

3. Anticipate concerns and write down the main points of your 

argument so you can refer to them often.

4. Consider identifying resident champions, particularly if those 

residents sit on a resident council or other resident body that 

allows them frequent communication with neighbors.

Communicate with Staff 

Talk about the idea of a smoke-free policy at each staff meeting, 

beginning as many months in advance of its implementation as 

possible. Take the time to educate staff on the organization’s 

reasons for adopting the policy, which eventually will become 

talking points they can use in their conversations with residents.

After it is clear that property managers and maintenance staff 

understand why the organization is adopting the policy, move into 

discussing how the policy will be enforced.
52 |CHANGE IS IN THE AIR

“Consistent, uniform 

enforcement will be 

affected by how staff and 

tenants were included 

in the process in the 

beginning and if their input 

was valued.”

- Bill Cook, King County 

Housing Authority

2. Survey Residents

Conducting a survey adds credibility to your process. Smoke-free 

pioneers pointed out that managers often assume they know their 

residents, but a survey may reveal unknown truth.

● Reasons to survey residents are that it:

O Seeds the idea of smoke-free housing early.

O Indicates how many residents have smoke-free home rules 

and how many allow smoking in their homes.

O Reveals how often residents see or smell tobacco smoke 

coming into their unit from another unit, a corridor, or 

elsewhere on the property.

O Shows residents’ awareness of the hazards of secondhand 

smoke for people with asthma and other chronic diseases, 

young children, and pregnant women.

O Tallies the number of residents with health problems 

aggravated by secondhand smoke.

O Gauges interest in smoking cessation and cessation support.

O Helps determine which properties’ residents are more ready 

or more hesitant about a smoke-free policy.

O Provides motivation to keep moving forward on the initiative.

● Surveys do not need to ask residents if they smoke. 

The essential question is whether people would support a rule 

banning smoking inside units. People who smoke still live in 

smoke-free properties.

● Review sample surveys and develop your own. 

A survey can be short and simple. A sample survey will be made 

available on HUD’s Smoke Free Housing web page: http://portal.

hud.gov/hudportal/HUD?src=/smokefreetoolkits1. Other surveys 

are available to review online, such as those listed in Resources 

& Tools for Smoke-free Multi-Family Housing, compiled by 

Americans for Nonsmokers’ Rights (http://www.no-smoke.org/ 

pdf/MUHresources.pdf). There are sample surveys available in 

Spanish and English.
53 |CHANGE IS IN THE AIR

● Conduct the survey. Surveys can be given in writing, by 

telephone, in person, or electronically. Choose a method or 

combination of methods that work best for your organization. 

To help achieve a high response rate on resident surveys, 

consider taking the survey around to units, providing copies for 

the resident council to distribute, and having copies available 

centrally at an on-site property office. Make sure to translate the 

survey into all prominent languages spoken in the properties. 

If possible, offer a reward for survey completion. Rewards such 

as entry into a drawing to win coupons, prizes, or gift cards can 

help nudge your audience into action.

● Analyze the results. Tabulating the survey responses may be as 

straightforward as tallying answers and putting the information 

in a spreadsheet. If you received a lot of open-ended comments, 

you will need to review them for patterns. Afterward, write a 

brief report, one page may be sufficient, summarizing the results 

of the survey.

3. Develop Your Policy and Plan

Using what you learned from sample policies, community partners, 

staff, board, resident council, and a resident survey; it’s now time to 

develop a policy to meet your organization’s interests. In addition 

to what you already have learned, the following may help you as 

you draft your documents:

● Outdoor smoking areas

The upside: Many smoke-free pioneers say an outdoor designated 

space for smoking is a helpful benefit for an effective policy. They 

suggest trying to designate an area on the property, if space and 

funds allow. They point out that it takes effort to get residents to 

commit to using these spaces. Designated smoking areas are often 

appreciated and can reduce the incidence of smoking violations 

in the building. Designated smoking areas should be far enough 

from the building (generally 25 ft. or more) to prevent secondhand 

smoke from entering open windows or doors.

Are you considering 

a national rollout of a 

smoke-free policy across 

your portfolio?

For management firms 

that have properties 

across the country, a 

recommended first step 

is to survey property 

managers through regional 

offices. This helps develop 

a tailored implementation 

plan that responds to their 

specific interests. 
54 |CHANGE IS IN THE AIR

The downside: Experience with smoking areas has been mixed. At 

some sites, the designated areas have created new maintenance 

concerns. Additionally, it may be difficult to find a location that 

works for everyone. If you plan to establish a designated outdoor 

smoking area, you will have to determine what amenities will 

be provided and what will be the budget implications. Consider 

whether to provide shelter, receptacles, benches, lighting, and how 

to ensure accessibility for all residents.

The bottom line: If you can afford a designated area and have a 

place to properly locate it, it may make compliance easier.26 There 

are also plenty of examples of effective policies at properties that 

do not have an outdoor designated smoking space.

● Grandfathering residents 

Open-ended grandfathering is usually defined as not applying the 

policy to a current resident or property. 

In rare circumstances, a PHA that enacts a smoke-free policy 

across their portfolio recognizes that a limited number of 

their properties’ residents are not ready for it, and residents in 

these properties are grandfathered. If an organization decides 

grandfathering certain residents is an important compromise with 

the new policy, it is still embracing the goal of secondhand smoke 

reduction. However, grandfathered smoking residents can continue 

to live at the property for many years, thus delaying the realization 

of complete smoke-free housing. For this reason, grandfathering is 

not a recommended approach.

Grandfathering between lease renewals, also called a phase-in 

approach, allows current residents to smoke in their units until their 

leases renew. In this case, the transition to a smoke-free building 

may take 12-15 months, or the standard lease term. 

Owners/agents of project-based Section 8 properties must use 

this phase-in approach; the policy goes into effect as residents 

renew their leases.

Using lease renewals to implement a smoke-free policy in 

PHAs instead of a single start date for all residents may lead to 

enforcement inconsistency. It is an extra burden for the property 

manager to keep track of the residents who have or have not 

signed the lease renewal. When complaints come in about the 

smell of smoke, they have to figure out if it is allowable, and if so, 

to communicate that to those making the complaint. 

“The Housing Authority of 

the City of Santa Barbara 

(HACSB) implemented 

the smoke-free housing 

policy for all owned and 

managed properties with 

the exception of (a) El 

Carrillo, a permanent 

supportive housing 

property for the homeless; 

and (b) residents 

grandfathered in at 

SHIFCO, a senior property. 

HACSB grandfathered 

in residents that smoke 

in these two properties 

due to resident feedback. 

Residents that were 

grandfathered in were not 

given a specific period of 

time they could continue 

smoking in the unit.”

- Alexander Szymanski, 

Housing Authority of the 

City of Santa Barbara, 

California
55 |CHANGE IS IN THE AIR

● Disclaimer that the landlord is not acting as a guarantor of 

the policy

Property managers and maintenance staff will not be able to 

identify policy violators 100 percent of the time, such as during 

off hours when staff are not on site. Including a disclaimer in your 

policy with this acknowledgment, sets realistic expectations for the 

board, staff, residents, and if necessary, a court. The policy should 

state that failure to enforce any part of a smoke-free policy does 

not negate the right to enforce it in the future.

● Identifying a smoking violation

Before presenting the smoke-free policy to the board, staff, or 

residents, identify how violations will be determined, the evidence 

that will be required to validate a violation, and how that evidence 

will be obtained. Observable evidence of violations is important to 

obtain when possible. Written documentation from maintenance 

staff or the property manager is helpful, as is having more than one 

resident complaining about a smoking violation.

● Staff inside residents’ units

Train maintenance staff to do a visual scan for a policy violation 

when they routinely inspect units, and to report evidence such 

as full ashtrays, smoke, or tobacco odors. Usually their role is to 

document it, report it to the manager, and let the manager address 

the violation.

● Photographs

If maintenance staff or property managers see evidence of a 

violation, they should take a picture of it with a time/date stamp, 

along with another picture that identifies the unit where the 

evidence was seen. One smoke-free pioneer indicated it was 

helpful to have visual evidence and not just witness testimony in 

eviction court.

● No Fees for Lease Violations

PHAs and owners/agents of subsidized multifamily properties 

cannot establish fees for smoke-free policy violations when no 

damage has occurred. A resident can be charged for property 

damage or cleaning due to smoke damage at the end of their 

tenancy.

TESCO Properties, J.O. Blanton House, 

Louisville, Kentucky
56 |CHANGE IS IN THE AIR

● Smoke-free policies must NOT:

O Deny occupancy to any individual who smokes.

O Allow the owner/manager to ask at the time of application 

or move-in whether the applicant or any members of the 

applicant’s household smokes.

O Allow the owner/manager to maintain smoking or 

nonsmoking specific waiting lists for the property.

O Allow the owner/manager to ask at the time of recertification 

or lease renewal whether the resident or any members of the 

resident’s household smoke.

O Require existing residents to transfer out of the property 

when it becomes smoke-free.

4. Introduce the Policy and Set an 

Implementation Timeline

Decide where to introduce the policy and when to begin 

communication and implementation.

● Consider starting with a pilot site. It is common to identify a 

small number of properties to pilot the policy. Survey results 

often reveal one location where residents have the greatest 

readiness for the policy.

● Consider a newly rehabilitated building as an easier place 

to start. While converting existing properties to smoke-free is 

strongly encouraged, PHAs or owners/agents that are reluctant 

to convert existing buildings may find it more appealing to 

begin by introducing the policy in a new or newly rehabilitated 

building.
57 |CHANGE IS IN THE AIR

● Choose a date the policy will take effect, building in 6 to 12 

months. Smoke-free housing pioneers favor providing at least 

six months to prepare residents for the policy’s start date. Many 

residents sign the lease addendum or new House Rules early if 

offered the opportunity. There is a minimum period of 60 days 

for written notice prior to the end of the lease agreement to 

implement a new requirement for residents in Project-Based 

Section 8 Housing properties. This policy is found in HUD 

Handbook 4350.3, Chapter 6, Section 6-12, D.

O Some PHAs choose a “quit date” in which the policy goes 

into effect for all residents on the same day. With a “quit 

date,” all residents must sign the lease addendum before the 

effective date.

O Other PHAs and owners/managers of subsidized or market 

rate multifamily housing choose a “phase-in method” in 

which the policy goes into effect on a certain date and 

affects residents when their leases renew.

● Set a timetable for implementation. Working backwards 

from the effective date, create a schedule of activities and 

communications. A sample timetable will be made available in 

the resources section of HUD’s Smoke-Free Housing website: 

http://portal.hud.gov/hudportal/HUD?src=/smokefreetoolkits1.

Examples of items to include in the schedule:

O Special staff discussions about the policy

O Board meeting about the proposed policy and request to 

begin comment period

O Written notification to residents about policy; begin 45-60 

day comment period

O Resident meetings

O Board meeting to approve policy and the implementation plan

O Notice to residents 6 to 12 months before the effective date

O Appointments for lease signings

O Cessation classes or local cessation resources

O Creation of a resource packet for property managers with 

talking points on the policy, instructions on enforcement, 

health information on secondhand smoke, and available 

cessation resources for residents

O Policy start date

O Signage

O Policy reminders for residents, including newsletter articles

O Policy enforcement discussions at every staff meeting
58 |CHANGE IS IN THE AIR

5. Obtain Board Approval to Begin Comment Period

Update your board on the forward momentum of this effort by 

sharing new information that you’ve gathered and the next steps 

you plan to take. Common questions of concern that you can 

prepare for include:

O How will the policy be consistently enforced?

O How will staff handle residents’ raised expectations that the 

property should always be smoke-free?

O How will violations be determined?

O What do we do if residents don’t change their behavior and 

continue to smoke indoors?

O What do we do about guests smoking indoors?

O What do we do about helping our mentally disabled 

population address this addiction?

Smoke-free pioneers admit these are challenging questions even 

after years of experience with a policy. Like other lease violations, 

every instance of noncompliance is not identifiable. Will there still 

be some smoking in the building? Yes, for a while there may be, 

but overall, there will be a lot less secondhand smoke.

Present to the board the following new information:

O Resident survey results

O Proposed policy and multistep enforcement process

O Proposed property or properties to begin with

O Date policy will go into effect

O Resident communication plan

O Staff training plan

“We sent our senior 

management staff out to 

talk with our residents. We 

didn’t want our frontline 

staff to have to be the 

face of this. It was such a 

personal issue that they 

were really emotional 

resident meetings. We 

held resident meetings at 

every one of the places 

that we own and manage. 

We sat there for hours and 

allowed people to express 

their feelings over this and 

gave them a voice. But 

we understood that this 

is really a private thing to 

you and we did not take 

it lightly. It did take a little 

emotion out of it once we 

implemented it.” 

- Rodger Moore, Home 

Forward, Portland, Oregon
59 |CHANGE IS IN THE AIR

6. Notify Residents and Begin Comment Period

The success of your smoke-free policy will be largely determined 

by how well you communicate with the residents and staff about 

the policy. This does not have to be complicated or overly time 

consuming, but it does require committing to it as a guiding 

principle.

● Issue a formal written notice. Send this to all residents with 

information about the policy, including your organization’s 

reasons for recommending it, the date it will go into effect, 

the lease addendum or House Rules, and a calendar of public 

comment meetings.

● Hold resident meetings. Approach these meetings with 

care and intention, remembering that early messages have a 

lasting impression. Sometimes the most important message 

is nonverbal; for this reason, smoke-free pioneers in PHAs 

recommend that senior leaders, not property managers, 

participate in these meetings. This sends a clear message to 

residents of the significance of the policy to the organization 

and the value the organization places in hearing residents’ 

concerns. Additionally, these meetings can be challenging, 

and it is appropriate for senior leaders to hear and respond 

when the conversation is difficult. It should be emphasized that 

enforcement is the responsibility of the owner and management 

agent to avoid confrontations between residents.

● Meeting topics to address. There is a lot to cover in one resident 

meeting while also ensuring ample time for resident discussion. 

Consider formally recording residents’ questions and comments 

for a report to the board. Many PHAs and owners/agents of 

subsidized or market rate multifamily housing hold more than 

one resident meeting, with one focused on the policy details 

and another on the dangers of tobacco smoke and cessation 

assistance. In Virginia, the Alexandria Redevelopment and 

Housing Authority made the meetings mandatory for residents.

Heartland Christian Tower, Nashville, 

Tennessee (Photo Credit: Staci 

Bergeron)
60 |CHANGE IS IN THE AIR

Below are topics commonly presented in the resident meetings:

O Present the decision to adopt a smoke-free policy and the 

primary reasons.

O Share information on secondhand smoke health effects.

O Provide the survey results.

O Introduce and explain each item in the smoke-free policy.

O Inform residents of the implementation plan and anticipated 

timeline.

O Explain the cessation resources that will be available.

O Open the meeting up for comments and questions.

7. Obtain Board Approval

Carefully review the proposed policy and lease addendum or 

House Rules in light of residents’ concerns and make changes to 

the policy as necessary. Document each change to show board 

members the concerns that residents expressed and how the 

policy revisions address those concerns.

At the board meeting, present and discuss a summary of residents’ 

comments, including the number of comments received, the 

percentage for and against the policy, and the issues that were 

raised. Remind the board that smoke-free multifamily housing is 

happening across the country, and there are plenty of owners/ 

agents with similar populations and properties that have 

successfully implemented smoke-free policies.

Be Ready to Implement

Once the smoke-free policy is approved, the months leading up 

to its start date offer time to get everyone ready. In Nashville, the 

housing authority published a quarterly newsletter, Up in Smoke,

that promoted the policy’s start date, offered encouraging stories 

of residents who quit smoking and gave information about the 

dangers of secondhand smoke. They kept the policy and its start 

date on everyone’s minds.

1. Train Staff

Ensure staff understand the policy, how to address residents who 

violate it, and the process for reporting violations. PHAs that do 

not have dedicated resident services staff should form partnerships 

with local organizations and train property managers on how to 

make referrals.

Update Annual Plan

PHAs that adopt a smokefree policy must update 

their PHA Annual Plan 

to reflect the smokefree policy language. 

Some PHAs recommend 

coordinating the planning 

and implementation of the 

smoke-free policy with the 

annual plan process. 
61 |CHANGE IS IN THE AIR

Smoke-free pioneers point out that it is also important to 

communicate to vendors and contract workers in maintenance and 

construction that the workplace is smoke-free.

Below are examples that reflect different approaches to staff 

preparation:

“The type of training that I had was during staff meetings, I 

talked with the maintenance crew about what they need to do. 

We have observation forms that they can write up on anything 

they see as a lease violation and turn it into the property 

manager and the housing specialist so it can be followed up on. 

They were told what to look for.”

- Diane Martin, Housing and Redevelopment Authority of 

Duluth, Minnesota

“Our enforcement strategy is probably more aggressive than 

what most people would be used to in an outside agency. We 

asked our field staff to do a lot more than just send a letter, for 

instance, when there’s a complaint of smoking. We basically 

want them to get up out of their office and go visit that unit 

that’s being complained about and really talk to the resident and 

find out what’s going on, not so much in an accusatory way, but 

really just to get to the root of the problem and find out why this 

person is not able to go outside and smoke, or why they don’t 

want to go outside and smoke – or can they even go outside 

and smoke. That’s been a change for some people, in that we 

put enforcement of non-smoking right up near the top of our list 

of things that we want our site staff to be proactive about.”

- Bill Cook, King County Housing Authority, Tukwila, 

Washington
62 |CHANGE IS IN THE AIR

2. Focus on Vulnerable Residents

The needs of smokers with fragile physical and mental health merit 

thoughtful attention in smoke-free policies. People that smoke who 

are mentally ill, elderly, disabled, have addictions, or were homeless, 

will require extra attention. They are able to adjust to the policy, but 

they will need time and a supportive approach.

Deborah Thrope, Staff Attorney with the National Housing 

Law Project, recommends property managers be aware that 

written notification and resident meetings are not sufficient for 

communicating the new policy to all residents. She advises that 

property managers know it is their obligation to help all residents 

be informed about the new policy. It may be necessary (a) to 

discuss the new policy with individuals with mental illness; and (b) 

to share written information about the policy with visiting family 

or social service staff. Some residents with mental illness may 

not understand the written notices; others may not read them or 

participate in meetings. Home Forward in Portland, OR, works with 

their high-risk populations in a caring way:

Like others who smoke, those with mental illness are 

interested in quitting, are able to quit, and have a better 

chance of quitting successfully when they have access to 

proven stop-smoking treatments.18 A smoke-free housing 

policy is a recommended approach to help reduce tobacco 

use among people with mental illness.

3. Help Residents Set Appropriate Expectations

A smoke-free building is exciting and promising to many 

residents. The new policy raises expectations and causes many 

residents to think there will not be any smoking in the building, or 

that management will be able to issue a violation in every instance 

when a complaint has been made. Communicate that property 

management does the best it can and will not ignore complaints 

of violations.

Smoke-free pioneers recommend focusing on the most 

problematic violations first, realizing that evidence of violations 

eventually encourages the resident to modify their smoking 

behavior. Issuing letters of violation demonstrates management is 

serious and sends a message through the community.

“The mindset of the 

enforcement isn’t: ‘I’m 

going to catch you 

smoking, I’m going to 

evict you.’ It is: ‘I’m going 

to work with you to give 

you as many resources 

and as many chances as 

we possibly can, without 

waiving our right for 

eviction.’ We hold the 

resident’s hand as long as 

we possibly can.” 

- Rodger Moore, Home 

Forward, Portland, Oregon
63 |CHANGE IS IN THE AIR

4. Schedule Lease or House Rules Signings

Beginning three months before the start date, install permanent 

signage. If signs are removed or defaced, replace them promptly 

to show management’s commitment to the policy. Many owners/ 

agents require all adult residents to sign the revised lease 

addendum or House Rules and to insert their initials next to the 

explanation of the smoke-free policy. 

Advertise Smoke-Free as an Amenity

Since many residents actually prefer to live in smoke-free buildings, 

sell this new policy as an amenity, not a rule. Many private owners/ 

agents of expensive, luxury apartment buildings in the private 

market use smoke-free as an amenity to promote their rentals. This 

may increase the value of the rental unit if the demand is strong in 

that area. The same can happen for the affordable-market arena 

where the policy can also promote health equity.

Stay Committed to Enforcement

Tobacco use and dependence are chronic issues that will need to 

be addressed on an ongoing basis. When you implement a policy, 

it is unrealistic to expect that all of your residents will immediately 

stop smoking in their units. 

In the three sections below, final recommendations from 

smoke-free pioneers are offered to help ensure an effective 

implementation of your policy.

1. Tips to Stay on Track

Owners/agents of subsidized or market rate multifamily housing 

often observe similar patterns in resident behavior, attitude, and 

response after a smoke-free policy goes into effect. Below are 

common observations during the first year and the actions that 

successful smoke-free pioneers recommend to help you stay 

on track.

In the Beginning

What you may experience

● Smokers complain.

● Resident champions offer enthusiastic support.
64 |CHANGE IS IN THE AIR

Recommended actions

● Announce smoking cessation classes or other ways to 

support people who want to quit.

● Follow up on all complaints and don’t ignore violations.

After 3-6 Months

What you may experience

● Smokers no longer complain.

● Nonsmokers’ vocal support and enthusiasm begins to wane.

● Things quiet down; there are regular violators; nonsmokers 

are quiet except when they complain about the smokers.

● Reasonable accommodation requests may be received from 

smokers interested in continuing to smoke in their units. Gail 

Livingston, from Boston Housing Authority, discusses this in 

her profile in Part III of this Action Guide.

Recommended actions

● Continue to communicate about the policy. Celebrate small 

successes in newsletter stories or other communications. 

Highlight stories of residents who changed their smoking 

behavior or quit.

● Meet with residents who resist complying with the policy.

● Enforce the policy fairly, uniformly, and with compassion.

● Announce smoking cessation classes or other ways to 

support people who want to quit.

● Address every request for reasonable accommodation 

according to your policies. Smoking is not a protected 

behavior.

After 6-12 Months

What you may experience

● Resident complaints make enforcement feel challenging.

● Enforcement process is put to the test. Although housing 

providers do not like the idea of pursuing an eviction, at 

this point there may be a resident with multiple violations. 

Remember that presenting a solid eviction case depends on 

evidence that a fair and consistent multi-step enforcement 

process was followed.
65 |CHANGE IS IN THE AIR

Recommended actions

● Management and staff need to talk about staying focused, 

and to be diligent and consistent in enforcement. Remind 

staff that this is a culture change that takes adaptation; 

there is no quick solution.

● Continue to schedule and attend resident meetings to build 

support for the policy. Ask residents for help with peer-topeer encouragement.

● Announce smoking cessation classes or other ways to 

support people who want to quit.

First-Year Anniversary

What you may experience

● A subculture of healthier living led by staff and resident 

champions encourages compliance.

● News about issued violations gets around; residents realize 

the consequences are real and seek help with behavior 

modification if they are worried about being able to comply.

Recommended actions

● Host a celebration event to mark each anniversary of being 

a smoke-free building.

● Announce smoking cessation classes or other ways to 

support people who want to quit.

● Conduct a survey about the smoke-free policy to determine:

O Are residents happy with the policy?

O Is the policy being followed?

O For smoking residents, have they quit smoking or 

decreased the number of cigarettes they smoke since 

implementation of the policy?

O For non-smoking residents, has unwanted exposure to 

secondhand smoke decreased since implementation of 

the policy?

O Have residents detected any health improvements as a 

result of the policy?

● Try to calculate the cost savings from unit turnovers and 

consider using a percentage of the savings in a visible 

manner that will directly benefit residents, such as making 

improvements to common areas based on resident 

suggestions. 

Continue to Promote 

Cessation Assistance 

Smoking rates are high and 

the quit rate is low among 

low-income individuals. 

There is no evidence that 

these individuals have 

less interest in quitting. A 

smoke-free housing policy 

creates conditions that 

encourage many smokers 

to want to quit. To help, 

promote cessation services 

regularly, not just when the 

policy is first introduced. 

Look for cessation help 

that is easy to access, 

flexible, and cost-free.
66 |CHANGE IS IN THE AIR

2. Collect Data to Track Policy 

Effectiveness

Collecting and tracking resident successes, complaints, and policy 

violations is often overlooked. Here is why it is a good idea to 

document and organize what occurs:

● Makes clear to staff, board, and residents how you measure 

the impact of the policy.

● Gives everyone something to celebrate and goals to work 

toward.

● Engages residents and staff and allows them to see and 

understand how they might be able to assist with your work.

● Encourages a continuous improvement mentality.

● Gives everyone an opportunity to ask tough questions to see 

if particular activities are worthwhile or if certain approaches 

should be replicated.

● Helps ensure continuity when personnel changes occur.

Another benefit of data collection is that it helps to ensure the 

policy is consistently enforced across different properties. Theresa 

Mims of Paterson Housing Authority in New Jersey noted that 

at one of her buildings she dealt with a lot of smoking violations 

when she took over property management, even though the policy 

went into effect a few years before. “Whether that’s because the 

previous manager didn’t enforce it, I don’t know.” Without a data 

record, she has no way to assess what the frequency of violations 

was in the past.

Take time before the policy starts to set up a formal way to track 

what occurs. At each property, create a monthly log to record 

information such as:

● Number of verbal warnings given

● Number of warning letters sent

● Number of final notices sent

● Number of private conferences held

● Number of resident complaints made

● Number of residents who requested reasonable 

accommodation in regard to smoke-free policy

● Number of residents who attended on-site support groups 

or cessation counseling

● Costs for unit turnovers (i.e., salary and benefits, materials/

supplies and contractor costs)
67 |CHANGE IS IN THE AIR

“I know there are people 

out there who say it 

reduces maintenance 

costs, it reduces unit 

turnover costs, and it 

reduces insurance costs. 

And it may do all of those 

kinds of things. But I 

will say that was not the 

motivation here. This is 

simply the right thing 

to do.”

- Gail Livingston, Boston 

Housing Authority

Photo credit: Metropolitan Development and Housing Agency – Nashville, TN

3. Assess the Implementation

On a quarterly basis, inquire how the policy is going. Meet with 

staff and identify what’s working and how you can improve 

communication and enforcement. Review what’s happened in the 

previous months and assess if there is a connection between the 

number of violations and current efforts. If possible, identify the 

activities that have the biggest effect on reducing complaints 

and violations.

Conclusion 

After researching and talking with dozens of property 

managers and PHAs that successfully implemented a smokefree policy, it was evident they all followed a similar path 

to policy implementation. Most started out uncertain and 

skeptical about how the policy could work, but they were 

curious to explore it further. Now they support a smoke-free 

policy for various reasons, whether cost, health and safety, 

social justice, or marketability. Everyone agreed smokefree multifamily housing is where we are now as a society. 

Smoking is and should remain a personal choice among 

adults, but nonsmokers have the right not to be affected by 

the choices of others. Smoke-free multifamily housing is the 

new reality.
68 |CHANGE IS IN THE AIR

Part V

Frequently Asked Questions

You will probably have numerous questions as you embark on 

your journey to adopt a smoke-free policy. This section provides 

responses to questions that are typically asked by housing 

providers who are considering a smoke-free policy, including 

questions related to implementation and enforcement. Some of 

these include:

• Does a smoke-free policy infringe upon the personal right to 

smoke in the privacy of a home?

• Why should we expand our restrictions on smoking in 

common areas in the building to include all units?

• Will the cost of extra staff time to implement a smoke-free 

policy outweigh any cost savings? Will a smoke-free policy 

have a negative effect on occupancy?

• Should I invest in an air detector to determine if a resident 

has been smoking?

The references following this section may also be useful to you at 

different phases of implementation.
69 |CHANGE IS IN THE AIR

1. Common Implementation Concerns

Does a smoke-free policy infringe on the personal right to smoke 

in the privacy of a home?

This is a common concern among providers of subsidized or market 

rate multifamily housing who are hesitant about implementing a 

smoke-free policy. The key point is to reflect on the idea that the 

rights of smokers and nonsmokers should be considered. There is 

clear evidence that smoke infiltration occurs in multifamily buildings. 

It is impossible to contain smoke within a unit, and smoke can stay 

for years on surfaces. This residue remains toxic and exposes the 

next person who moves in to an avoidable health hazard, referred to 

as third-hand smoke. Indoor smoking puts all residents at risk. While 

smoking is and should remain a personal choice among adults, the 

nonsmokers who live around them have the right not to be exposed 

to the hazards of tobacco smoke.

Owners/agents have the legal right to set limits on how a resident 

may use rental property, such as restricting guests, noise, and pets. 

A no-smoking rule is another way for a landlord to protect his or 

her property from damage and to minimize disruptions to other 

residents’ enjoyment of the building. In apartment buildings where 

resources are shared, residents cannot expect freedom to conduct 

whatever behavior they please, such as playing loud music late into 

the night.

Do smoke-free policies discriminate against people with 

disabilities?

One type of disability discrimination prohibited by the Fair 

Housing Act, Section 504 of the Rehabilitation Act of 1973, and 

state and local civil rights laws, is the refusal to make reasonable 

accommodations in rules, policies, practices, or services when 

such accommodations may be necessary to afford a person with 

a disability the equal opportunity to use and enjoy a dwelling.28

Accommodations are considered reasonable when they do not 

fundamentally alter the nature of a policy, program or service, 

or present an undue financial and administrative burden for the 

housing provider. 
70 |CHANGE IS IN THE AIR

Housing providers must consider all requests for reasonable 

accommodations, including requests from residents with, for 

example, mobility-impairments or mental disability, regarding 

compliance with smoke-free policies. Such smoking-related 

accommodation requests are expected to be rare, but must be 

evaluated on a case-by-case basis. For example, in implementing 

its smoke-free policy, one PHA accommodated requests from 

several residents with mobility issues who asked to be transferred 

to units closer to an elevator or door to facilitate their ability to 

go outside to smoke and comply with the smoke-free policy. In 

another example, a PHA helped a resident with a mental disability 

comply with its smoke-free policy by having a social worker 

place signs in the home reminding the resident about the policy’s 

requirement to go outside to smoke. In considering reasonable 

accommodation requests, housing providers should keep in mind 

that a primary reason for adopting a smoke-free policy is to protect 

non-smokers from exposure to secondhand smoke.

Does a smoke-free policy lead to many evictions?

Housing providers do not report a rise in evictions due to a smokefree policy. When it comes to a resident having received numerous 

violations, many will ultimately agree to comply with the policy or 

they move. In the cases of evictions that were identified for this 

publication, smoking was often one of many other types of lease 

violations that led to eviction.

We have implemented smoke-free in common areas only. Why 

should we change it?

Having a policy that restricts smoking within common areas of a 

building is a great first step in implementing a complete smoke-free 

policy further down the road. Because secondhand smoke cannot 

be contained within a unit, allowing smoking in apartments creates 

a health risk for all residents and staff. People who live in public or 

subsidized housing are less able to relocate to another residence, 

even if their health or the health of their children is compromised 

by secondhand smoke from another unit in the property.

By having only a partially smoke-free building, you miss out on the 

benefits of a completely smoke-free building, including reduced 

cost of unit turnovers, cleaner air for residents and staff, and 

decreased risk of fire caused by cigarettes.
71 |CHANGE IS IN THE AIR

I am worried that the amount of staff time needed to implement 

and monitor a smoke-free policy far outweighs the limited 

savings that would be realized.

Developing and implementing a smoke-free policy requires 

significant effort, but the benefits for staff, residents and your 

property assets are clear. According to PHAs and owners/agents 

of subsidized or market rate multifamily housing, the effort is worth 

the outcome. Smoking is the number one cause of residential 

fire deaths, and the cost of repairing a building after a fire can 

be enormous. Having a smoke-free policy can protect your 

properties from significant and costly damage and reduce ongoing 

maintenance costs.

Will a smoke-free policy have a negative effect on occupancy? 

Nationwide, surveys of landlords show that many of their concerns 

about the negative effects of a smoke-free policy turn out to be 

unwarranted. This includes worries about the difficulties of renting, 

enforcement, resident complaints, concerns of legality of the 

policy, resistance from the board, and maintenance staff resistance. 

In a 2013 survey conducted by the North Carolina Tobacco 

Prevention and Control Branch of all of the affordable housing 

properties in North Carolina, there was no difference in occupancy 

rates between smoke-free and smoking-allowed properties.29 

This observation was also made by several of the individuals 

interviewed for this Action Guide.

What if many of our residents smoke and won’t be able to 

quit smoking?

Implementing a smoke-free policy does not mean residents must 

quit smoking to live there. Residents may continue to smoke as 

long as it is in smoking-approved areas and the smoke-free policy 

is adhered to. Smoke-free policies should focus on eliminating 

smoke from inside the building and reducing staff and resident 

exposure to secondhand smoke. A smoke-free policy may motivate 

some smokers to quit, thus underscoring the value of helping 

residents obtain access to cessation resources.

We did a survey of our residents. Is there a suggested minimum 

percentage of support needed to implement a smoke-free policy?

There is no minimum percentage of support required on survey 

results to indicate that a policy will be effective. Give residents 

plenty of time to understand the policy and prepare themselves 

for its implementation (6-12 months is recommended). Regular and 

consistent communication between staff and residents about the 

policy can help to re-enforce your expectations. 
72 |CHANGE IS IN THE AIR

If the majority of surveyed residents indicate they do not want 

a smoke-free policy, you can stay committed to your intent to 

go smoke-free, but be prepared to build in more time before 

implementing the policy. Allow up to 18 months to actively 

communicate about the health effects of secondhand smoke 

and the reasons to create smoke-free housing. During this time, 

promote cessation services and invite local speakers to meetings 

who can support the policy by sharing information about 

secondhand smoke and the health benefits for quitting or reducing 

smoking. (Note: National surveys show that smoking rates are 

highest among the lowest income segment of the population, with 

an average smoking prevalence of about 30% in 2012.30 This means 

that about 70% of this group are nonsmokers, a fact which would 

be expected to translate into majority support for smoke-free 

policies.) 

Should I invest in an air detector to know for certain if a resident 

has been smoking?

Nicotine or cigarette smoke detectors offer great appeal to 

owners/agents eager to find an easy way to prove a violation 

occurred. It is important to realize they often cost several thousand 

dollars and require specialized expertise to use properly, with 

results that may be unreliable unless continuous monitoring takes 

place in a unit. 

Should e-cigarettes be included in our smoke-free policy?

What is known about e-cigarettes and their health impact is rapidly 

evolving. Currently, these products are not regulated, but the 

Food and Drug Administration (FDA) has announced its intent to 

regulate e-cigarettes. HUD does not have a position on e-cigarettes 

at this time. Each PHA and owner/agent should decide for 

themselves how they plan to handle e-cigarettes on their property.
73 |CHANGE IS IN THE AIR

The information below is pulled from a summary of the scientific 

evidence regarding e-cigarettes from the Centers for Disease 

Control and Prevention. The full letter may be found at http:// 

www.tobaccopreventionandcontrol.ncdhhs.gov/Documents/CDCLetterOfEvidence-E-cigsMay15-2014.pdf. 

E-cigarettes are part of a class of products often referred to as electronic 

nicotine delivery systems (ENDS), which are battery-powered devices that 

provide doses of nicotine and other additives to the user in an aerosol (CDC 

2013). Studies have demonstrated wide variability in design, operation, and 

contents and emissions of carcinogens, other toxicants, and nicotine from 

ENDS (DHHS 2014). ENDS aerosol is not “water vapor.” It contains nicotine 

and can contain additional toxins (Goniewicz, Kuma et al. 2013), and thus, 

it is not as safe as clean air. Although some ENDS have been shown to emit 

volatile organic compounds and dangerous toxins such as acetaldehydes, 

including acrolein, these are generally emitted at much lower levels than 

by cigarettes (Goniewicz, Knysak et al. 2014). However, because there 

are hundreds of manufacturers and no manufacturing standards, there is 

no way to ensure that all ENDS have acceptably low levels of toxicants. 

While FDA regulation may eventually establish product standards to limit 

dangerous chemicals currently found in some ENDS, all ENDS have the 

potential to involuntarily expose children and adolescents, pregnant women, 

and nonusers to aerosolized nicotine. ENDS use can also result in accidents 

and other potential health hazards. CDC recently reported that the number 

of calls to poison centers in the 50 states, the District of Columbia, and U.S. 

territories involving e-cigarettes rose from one per month in September 

2010 to 215 per month in February 2014, and 51.1% of e-cigarette-related 

poisonings were among young children ages 0-5 (CDC 2014).

Some owners/agents will choose to eliminate indoor use of 

e-cigarettes and other electronic nicotine delivery systems as a 

means to provide clean indoor air and a safer environment. Some 

may also eliminate e-cigarette use in outdoor smoke-free areas to 

avoid confusion with cigarettes and make enforcement of smokefree policies easier. Others may see e-cigarettes as less harmful 

than traditional cigarettes and allow their use inside units and/or 

in common areas. HUD does not have a position on e-cigarettes at 

this time. Each PHA and owner/agent should decide for themselves 

how to handle e-cigarettes at a property.
74 |CHANGE IS IN THE AIR

2. Common Enforcement Questions – 

with Answers from Real Stories

If you go to court, what kind of evidence is needed?

In the cases that went before a judge, we followed our policy 

and state eviction law showing the two notices, each providing 

20 days to cure, and a third notice. Each “countable” violation 

occurred after the 20 days to cure period had passed. The cases 

were supported by written complaints from other residents and/

or staff. During the proceedings, judges questioned me about 

the procedure we used for notifying residents, which they were 

satisfied with. In two situations, the defendants didn’t come 

to court, and we won those cases. In other cases, we entered 

into stipulations that the judges signed. For those, we won the 

eviction judgments but will not execute as long as there are no 

further violations. The judges prefer to see us reach some kind 

of stipulation. They prefer not to evict people, but we have been 

successful in court.

– Marcia Sullivan, Executive Director, East Greenwich Housing 

Authority, Rhode Island

How do we enforce this in buildings that are not high-rise?

We are a small housing authority with duplex, 8-plex, and 

standalone properties. I cannot say that no one’s ever smoked in 

their apartment in the last four-and-a-half years, but we don’t have 

the smoke police. Enforcement is not going to take up a lot of 

effort. You are in and out of the apartments. You are doing a work 

order. Someone’s doing an inspection. You see the ash tray. You 

can smell it in the apartment. We do have pest control, so we are 

in the apartments quarterly. We do housekeeping inspections. We 

now use a stark bright white interior paint, so we know if someone 

is smoking in that apartment because the walls will be stained with 

nicotine. You just have to be reasonable, and use some common 

sense.

– Faye Dodd, Executive Director, Murray Housing Authority, 

Murray, Kentucky

“We do not provide a 

‘smoking area’ at our sites. 

I was concerned about 

how to make a smoking 

area accessible, how to 

maintain the area and what 

liability would attach to 

the area. Our policy states 

that you may not smoke 

within 50 feet of a window 

or door in the building. 

Where someone smokes 

is left to the individual as 

long as it is outside our 

property boundary.” 

– Larry Sisson, President, 

TESCO Properties, 

Section-8 multifamily 

housing, Germantown, 

Tennessee
75 |CHANGE IS IN THE AIR

We don’t have outdoor space on our property that is 25 feet 

from the building. Where can smokers go to smoke?

The only negative outcome thus far has been that smokers who 

choose to reside at Lincoln must walk over to the adjacent park 

or across the street to smoke in order to adhere to this policy. 

During the day this isn’t an issue, but Lincoln Tower’s residents are 

all senior citizens, and we are located in a city. Safety concerns 

have been expressed by those residents as well as by our local city 

council member. To address this, Lincoln Tower’s management has 

put in a request for the city to put up additional lighting in the park, 

and it has offered safety tips that include encouraging smokers to 

pair up when they are going out to smoke during the evening.

– Sandy Cipollone, Senior Vice President, Interstate Realty 

Management Co., Team Member of The Michaels Organization, 

Marlton, New Jersey, market rate and subsidized property, 

owner/management firm
76 |CHANGE IS IN THE AIR

References

American Academy of Pediatrics and the American Lung Association. January 7, 2013. Comment on U.S. Department of Housing and Urban 

Development. “FR-5597-N-01; Request for Information on Adopting 

Smoke-Free Policies in Public Housing Authorities and Multifamily 

Housing: Reopening of Public Comment Period,” Regulations.gov 

(website), date of access March 12, 2014, http://www.regulations.gov

/#!documentDetail;D=HUD-2012-0103-0063 

American Lung Association. (2011). “Smokefree Multi-Unit Housing: Bringing 

Healthy Air Home.” Smokefree Policies in Multi-Unit Housing. http://

www.lung.org/assets/documents/healthy-air/smoking-in-multiunit-housing.pdf 

American Nonsmokers’ Rights Foundation. “Overview List – How many 

Smokefree Laws?” April 2014. Retrieved from: http://www.no-smoke.

org/pdf/mediaordlist.pdf

American Society of Home Inspectors, Enterprise Community Partners and 

the National Center for Healthy Housing. January 22, 2013. Comment on U.S. Department of Housing and Urban Development. 

“FR-5597-N-01; Request for Information on Adopting Smoke-Free 

Policies in Public Housing Authorities and Multifamily Housing: Reopening of Public Comment Period,” Regulations.gov (website), date 

of access April 2, 2014, http://www.regulations.gov/#!documentDetail;D=HUD-2012-0103-0100 

Anania, T. (2013). Executive Director, Island County Housing Authority. The 

Case for Uniform, Effective Enforcement of a No Smoking Policy. 

Comprehensive Health Education Foundation and Pacific Northwest 

Regional Council of NAHRO.

Austin, L. T. (2012, April 12). Tobacco Free Housing for Owners. Retrieved 

from Tobacco Free Austin: http://www.livetobaccofreeaustin.org/

docs/Smoke%20Free%20Housing%20Guide.pdf 

Been, J., Nurmatov, U., Cox, B., Nawrot, T., von Schayck, C., Sheikh, A. (2014). 

Effect of smoke-free legislation on perinatal and child health: a systematic review and meta-analysis. The Lancet.

Befus, B. F. (2008). No Smoking Policies in Apartments. National MultiHousing Council: Property Management Update.

ChangeLab Solutions. (2012). How Landlords Can Prohibit Smoking in Rental 

Housing. Retrieved from http://changelabsolutions.org/sites/default/

files/CLS_LandlordsProhibitSmoking FINAL 20130205.pdf

Cramer, M., Roberts, S., Stevens, E. (2011). Landlords attitudes and behaviors 

regarding smoke-free policies: implications for policy change. Public 

Health Nursing, 28(1), 3-12.

Dwyer-Lindgren, L., Mokdad, A., Srebotnjak, T., Flaxman, A., Hansen, G., 

Murray, C. (2014). Cigarette smoking prevalence in US counties: 1996-

2012. Population Health Metrics, 12:5.
77 |CHANGE IS IN THE AIR

Garcia, L. (2008, July 17). It’s Legal to Enforce a Smoke-free Workplace. Retrieved from: The Washington Post: http://www.washingtonpost.com/

wp-dyn/content/article/2008/07/16/AR2008071602285.html 

King, B., Peck, R., Babb, S. (2013). Cost Savings Associated with Prohibiting 

Smoking in U.S. Subsidized Housing. American Journal of Preventive 

Medicine, 44(6): 631-4.

King, K. (2011, July 11). SAHA to ban smoking in public housing. Re-trieved 

from MySA San Antonio’s Home Page: http://www.mysanantonio.

com/news/local_news/article/SAHA-to-ban-smoking-in-public-housing-1561214.php 

Moore, R. (2013). No Smoking Policy: Planning, Enforcement, and Outcomes. 

National Convention on Tobacco and Health (PPT). Kansas City: 

Home Forward.

President’s Task Force on Environmental Health Risks and Safety Risks to 

Children: Federal Asthma Disparities Workgroup. (2010). Coordinated 

Federal Action Plan to Reduce Racial and Ethnic Asthma Disparities. 

U.S. Environmental Protection Agency.

President’s Task Force on Environmental Health Risks and Safety Risks to 

Children: Federal Healthy Homes Workgroup. (2013). Advancing 

Healthy Housing: A Strategy for Action. U.S. Department of Housing 

and Urban Development.

Ruel, E., Oakley, D. Wilson G., Elton & Maddox, R. (2010, September) Is Public 

Housing the Cause of Poor Health or a Safety Net for the Unhealthy 

Poor? Journal of Urban Health, 87(5): 827-838.

Tobacco Control Legal Consortium. (2013, December). Regulating Smoking in 

Multi-unit Housing. Retrieved April 8, 2014, from Tobacco Control Legal Consortium: http://publichealthlawcenter.org/sites/default/files/

resources/tclc-guide-regulatingsmoking-multiunits-2011_0.pdf 

U.S. Department of Health and Human Services. The Health Consequences 

of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon 

General. 2006.

U.S. Department of Homeland Security. “Smoking-Related Fires in Residential Buildings (2008-2012).”Topical Fire Report Series. 13, no. 6 (June 

2012). Retrieved from: http://www.usfa.fema.gov/downloads/pdf/statistics/v13i6.pdf

U.S. Department of Housing and Urban Development. “Smoke-Free Housing: 

A Toolkit for Public Housing Authorities and Owners/Management 

Agents.” 2012. Retrieved from: http://portal.hud.gov/hudportal/documents/huddoc?id=pdfowners.pdf

U.S. National Institutes of Health, National Cancer Institute, Tobacco Control 

Research Branch. http://www.smokefree.gov
78 |CHANGE IS IN THE AIR

Endnotes

1. Centers for Disease Control and Prevention Office on Smoking and Health, 

National Center for Chronic Disease Prevention and Health Promotion. 

Retrieved May 30, 2014, from http://www.cdc.gov/tobacco/data_

statistics/sgr/2010/consumer_booklet/chemicals_smoke/ 

2. U. S. Department of Health and Human Services. The Health 

Consequences of Smoking—50 Years of Progress: A Report of the 

Surgeon General. 2014. http://www.surgeongeneral.gov/library/

reports/50-years-of-progress/

3. U.S. Department of Health and Human Services. The Health Consequences 

of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon 

General. Atlanta: Centers for Disease Control and Prevention, National 

Center for Chronic Disease Prevention and Health Promotion, Office on 

Smoking and Health, 2006.

4. U.S. Department of Health and Human Services. How Tobacco Smoke 

Causes Disease: The Biology and Behavioral Basis for SmokingAttributable Disease: A Report of the Surgeon General. Atlanta, GA: U.S. 

Department of Health and Human Services, Centers for Disease Control 

and Prevention, National Center for Chronic Disease Prevention and 

Health Promotion, Office on Smoking and Health, 2010. http://www.cdc.

gov/tobacco/data_statistics/sgr/2010/index.htm

5. U.S. Department of Housing and Urban Development. “Smoke-Free 

Policies in Public Housing” NOTICE: PIH-2012-25, 2012.

6. U.S. Department of Housing and Urban Development. “Further 

Encouragement for O/As to Adopt Optional Smoke-Free Housing 

Policies.” NOTICE: H 2012-22, 2012.

7. King, B., Babb, S., Tynan, M., & Gerzoff, R. (2012, December 17). National 

and State Estimates of Secondhand Smoke Infiltration Among U.S. 

Multiunit Housing Residents. Nicotine & Tobacco Research, 10.1093/ntr/

nts254.

8. Personal communication with Marty Nee, U.S. Department of Housing and 

Urban Development Office of Lead Hazard Control and Healthy Housing. 

Washington, D.C. 2014.

9. Pizacani, B., Maher, J., Rohde, K., & al, e. (2012). Implementation of a 

smoke-free policy in subsidized multiunit housing: Effects on smoking 

cessation and secondhand smoke exposure. Nicotine & Tobacco Research, 

doi: 10.1093/ntr/ntr334.

10. Digenis-Bury, E., Brooks, D., Chen, L., Ostrem, M., & Horsburgh, C. Use of a 

Population-Based Survey to Describe the Health of Boston Public Housing 

Residents. American Journal of Public Health 98, no.1 (2008): 85-91. 

 

11. Russo, E., Hulse, T., Adamkiewicz, G., Levy, D., Bethune, L., Kane, J., Reid, 

M., & Shah, S. Comparison of Indoor Air Quality in Smoke-Permitted 

and Smoke-Free Multiunit Housing: Findings From the Boston Housing 

Authority. Nicotine & Tobacco Research (2014): 1–7.
79 |CHANGE IS IN THE AIR

12. President’s Task Force on Environmental Health Risks and Safety Risks to 

Children: Federal Healthy Homes Workgroup. (2013). Advancing Healthy 

Housing: A Strategy for Action. U.S. Department of Housing and Urban 

Development.

13. Wilson, K., Klein, J., Blumkin, A., Gottlieb, M., Winickoff, J. (2010). Tobacco 

Smoke Exposure in Children Who Live in Multiunit Housing. Pediatrics, 

85-92.

14. U.S. Fire Administration. Smoking and Home Fire Safety: http://www.usfa.

fema.gov/citizens/home_fire_prev/smoking.shtm 

15. U.S. Fire Administration National Fire Data Center. (2012). SmokingRelated Fires in Residential Buildings (2008-2010).

16. King, B., Peck, R., Babb, S. (2013). Cost-Savings Associated with 

Prohibiting Smoking in U.S. Subsidized Housing. American Journal of 

Preventive Medicine.

17. American Society of Heating, Refrigerating, and Air Conditioning 

Engineers Board of Directors. “ASHRAE Position Statement on 

Environmental Tobacco Smoke.” 2013.

18. Kraev, T., Adamkiewicz, G., Hammond, S., Spengler, J. (2009). Indoor 

concentrations of nicotine in low-income, multi-unit housing: associations 

with smoking behaviours and housing characteristics. Tobacco Control, 

18(6):438-44.

19. Ruel, E., Oakley, D., Wilson G., Elton & Maddox, R., Is Public Housing the 

Cause of Poor Health or a Safety Net for the Unhealthy Poor? Journal of 

Urban Health (September 2010): 87(5): 827-838.

20. U.S. Department of Housing and Urban Development. “Resident 

Characteristics Report.” 2014. http://portal.hud.gov/hudportal/HUD?src=/

program_offices/public_indian_housing/systems/pic/50058/rcr 

21. Akinbami, L., Moorman, J., Bailey, C., Zahran, H., King, M., Johnson, C., & 

Liu, X . Trends in Asthma Prevalence, Health Care Use, and Mortality in the 

United States, 2001-2010. NCHS Data Brief (2012): 94. http://www.cdc.

gov/nchs/data/databriefs/db94.pdf

22. King, B., Babb, S., Tynan, M., & Gerzoff, R. (2012, December 17). National 

and State Estimates of Secondhand Smoke Infiltration Among U.S. 

Multiunit Housing Residents. Nicotine & Tobacco Research, 10.1093/ntr/

nts254.

23. Hood, N., Ferketich, A., Klein, E., Wewers, M., & Pirie, P. (2013). Individual, 

social, and environmental factors associated with support for smoke-free 

housing policies among subsidized housing tenants. Nicotine & Tobacco 

Research, 15(6):1075-1083.

24. Campbell DeLong Resources, Inc. (2008). Smoking Practices, Policies and 

Preferences in Oregon Rental Housing. State of Oregon Department of 

Human Resources Public Health Division Oregon Tobacco Prevention & 

Education Program.
80 |CHANGE IS IN THE AIR

25. MSR Group survey of Nebraska’s Douglas County residents (2005).

26. Anania, T. (2013). Executive Director, Island County Housing Authority. 

The Case for Uniform, Effective Enforcement of a No Smoking Policy. 

Comprehensive Health Education Foundation and Pacific Northwest 

Regional Council of NAHRO.

27. Centers for Disease Control and Prevention, National Center for Chronic 

Disease Prevention and Health Promotion, Office of Smoking and Health. 

(2013). Vital Signs. Adult Smoking: Focusing on People with Mental Illness.

28. U.S. Department of Housing and Urban Development Office of Fair 

Housing and Equal Opportunity. “Joint Statement of the Department 

of Housing and Urban Development and the Department of Justice: 

Reasonable Accomodations Under the Fair Housing Act.” May 17, 2004.

29. Stein, A. “Smoke-Free Multi-Unit Housing: Creating Healthy 

Environments Where it Matters Most.” Presentation at the Community 

Affordable Housing Equity Corporation Partners Conference, Raleigh, NC, 

May 20, 2014.

30. Centers for Disease Control and Prevention. Current Cigarette Smoking 

Among Adults—United States, 2005–2012. Morbidity and Mortality Weekly 

Report 63, no. 02 (2014): 29–34. 
81 |CHANGE IS IN THE AIR

Appendices

The resources in this appendix complement resources provided 

in HUD’s two smoke-free toolkits, Smoke-Free Housing Toolkit for 

Public Housing Authorities and Owners/Management Agents and 

Smoke-Free Housing Toolkit for Residents. The materials provided 

and referenced are meant to be informative, not prescriptive, and 

are representative of many useful resources available online.

Appendix A: HUD Notices

Office of Housing Smoke-free Notice 2012-22 

Public and Indian Housing Smoke-free Notice PIH-2012-25

Appendix B: Resources

Appendix C: Summary of Federal Register Comments
82 |CHANGE IS IN THE AIR

1

U.S. Department of Housing and Urban Development

Office of Public and Indian Housing

Office of Healthy Homes and Lead Hazard Control

SPECIAL ATTENTION OF: NOTICE: PIH-2012-25

Regional Directors; State and Area

Coordinators; Public Housing Hub

Directors; Program Center Coordinators; Issued: May 29, 2012

Troubled Agency Recovery Center Directors;

Special Applications Center Director; Expires: Effective until amended,

Administrators; Resident Management revoked or superseded

Corporations Public Housing Agencies; _____________________________

Healthy Homes Representatives Cross Reference:

24 CFR 903.7 (e)(1)

24 CFR 966.3

Subject: Smoke-Free Policies in Public Housing

1. Purpose. This notice is a reissuance of PIH Notice 2009-21 which strongly encourages Public

Housing Authorities (PHAs) to implement smoke-free policies in some or all of their public

housing units. According to the American Lung Association, cigarette smoking is the number

one cause of preventable disease in the United States. The elderly and young populations, as

well as people with chronic illnesses, are especially vulnerable to the adverse effects of smoking.

This concern was addressed by the Family Smoking Prevention and Tobacco Control Act, P.L.

111-31, signed by the President on June 22, 2009. It is possible for Environmental Tobacco

Smoke (ETS) to migrate between units in multifamily housing, causing respiratory illness, heart

disease, cancer, and other adverse health effects for those living in neighboring residences.

Therefore the Department is encouraging PHAs to adopt smoke-free policies. By reducing the

public health risks associated with tobacco use, this notice will enhance the effectiveness of the

Department’s efforts to provide increased public health protection for residents of public

housing. The Department is currently developing additional guidance to assist PHAs with the

consideration and adoption of smoke-free policies.

2. Applicability. This notice applies to Public Housing.

3. Background. Secondhand smoke, also known as Environmental Tobacco Smoke, is the

smoke that comes from the burning end of a cigarette, pipe or cigar, and the smoke exhaled from

the lungs of smokers. ETS is involuntarily inhaled by non-smokers, and can cause or worsen

adverse health effects, including cancer, respiratory infections and asthma. According to the

U.S. Environmental Protection Agency (EPA) secondhand smoke exposure causes disease and

premature death in children and adults who do not smoke

(www.epa.gov/smokefree/healtheffects.html). Also the 2006 Surgeon General’s report

identified hundreds of chemicals in secondhand smoke that are known to be toxic. The report
83 |CHANGE IS IN THE AIR 2

(The Health Consequences of Involuntary Exposure to Secondhand Smoke) can be found at

http://www.surgeongeneral.gov/library/smokeexposure/report/fullreport.pdf. According to this

report, secondhand smoke causes an estimated 50,000 deaths in adult non-smokers in the United

States each year, including approximately 3,400 from lung cancer and approximately 46,000

from heart disease. This can have a significant impact on people who live in close proximity to

smokers.

Currently there are more than 1.2 million families who reside in public housing. Residents

between the ages of 0-17 represent approximately 39 percent of public housing residents, with

those over the age of 62 representing approximately 15 percent of public housing residents.

Residents in these age groups account for at least 54 percent of public housing residents, and

represent a population that could be at increased risk to the adverse effects of ETS. Additionally,

there are a considerable number of residents with chronic diseases such as asthma and

cardiovascular disease who may also be particularly vulnerable to the effects of ETS as

secondhand smoke lingers in the air hours after cigarettes have been extinguished and can

migrate between units in multifamily buildings.

Smoking is the leading cause of fire deaths in multifamily buildings with 26 percent of these

casualties reported in 2005

www.usfa.dhs.gov/downloads/pdf/publications/Residential_Structure_and_Building_Fires.pdf.

Data from the U.S. Fire Administration of the Department of Homeland Security estimates that

in 2006 there were 18,700 smoking-material fires in homes. These fires resulted in 700 civilian

deaths (not including firefighter casualties), 1,320 civilian injuries, and $496 million in direct

property damage www.nfpa.org/assets/files/PDF/OS.Smoking.pdf.

4. Indoor Air Quality (IAQ). According to the U.S. Green Building Council (USGBC), toxin

free building materials used in green buildings help combat indoor air pollution. Achieving good

IAQ involves minimizing indoor pollutants such as ETS; therefore it would be advantageous for

a PHA to restrict indoor smoking as it would be easier for a property to achieve good IAQ in its

buildings. During construction or renovation of projects, PHAs should consider the following

actions: installing direct vent combustion equipment and fireplaces; providing for optimal,

controlled, filtered ventilation and air sealing between living areas and garage or mechanical

areas, and the use of paints and other materials that emit no or low levels of volatile chemicals

(volatile organic compounds or VOCs). Sixty-five percent of the public housing inventory was

built prior to 1970. In order for a PHA to implement retrofits that would improve IAQ

significantly, it would be likely that renovation would need to take place. If a PHA performs

renovations to improve IAQ without also implementing a non-smoking policy, the IAQ benefits

of the renovation would not be fully realized. Therefore, a non-smoking policy is an excellent

approach for those PHAs that are trying to achieve improved IAQ without additional retrofit

costs.

5. Maintenance. It is well known that turnover costs are increased when apartments are vacated

by smokers. Additional paint to cover smoke stains, cleaning of the ducts, replacing stained

window blinds, or replacing carpets that have been damaged by cigarettes can increase the cost

to make a unit occupant ready. Therefore, a non-smoking policy is another good approach for

reducing maintenance costs. View the Sanford Maine Housing Authority case study at
84 |CHANGE IS IN THE AIR 3

http://www.smokefreeforme.org/landlord.php?page=Save+Money%2C%3Cbr%3ESave+Your+

Building.

6. Policy Discretion. PHAs are permitted and strongly encouraged to implement a non-smoking

policy at their discretion, subject to state and local law. Some PHAs have established smokefree buildings. Some PHAs have continued to allow current residents who smoke to continue to

do so, but only in designated areas and only until lease renewal or a date established by the PHA.

Some PHAs are prohibiting smoking for new residents. According to a state-funded antismoking group, the Smoke-Free Environment Law Project of the Center for Social Gerontology,

there are more than 225 PHAs and housing commissions across the country that have

implemented non-smoking policies. PHAs should consult with their resident boards before

adopting non-smoking policies at their properties.

7. PHA Plans. PHAs opting to implement a non-smoking policy should update their PHA

plans. According to 24 CFR 903.7(e), their plan must include their statement of operation and

management and the rules and standards that will apply to their projects when the PHA

implements their non-smoking policy. PHAs are encouraged to revise their lease agreements to

include the non-smoking provisions. If PHAs institute non-smoking policies, they should ensure

that there is consistent application among all properties and buildings in their housing inventory

in which non-smoking policies are being implemented.

8. Smoking Cessation National Support. Smoking tobacco is an addictive behavior, therefore

PHAs that implement non-smoking policies should provide residents with information on local

smoking cessation resources and programs. Local and state health departments are sources of

information on smoking cessation. The toll-free number of the National Network of Tobacco

Cessation Quitlines, 1-800-QUIT-NOW (1-800-784-8669), connects users directly to their State

quitline, the National Cancer Institute’s website www.smokefree.gov provides tips on quitting

tobacco use, and the American Lung Association’s Web page on State Tobacco Cessation

Coverage www.lungusa2.org/cessation2 provides information on cessation insurance programs,

both public and private, in all states and the District of Columbia. In addition, information on

quitting from National Cancer Institute counselors can be accessed by calling the toll-free

number 1-877-44U-QUIT (1-877-448-7848). Hearing or speech-challenged individuals may

access these numbers through TTY by calling the toll-free Federal Relay Service at 1-800-877-

8339. PHAs that implement non-smoking policies should be persistent in their efforts to support

smoking cessation programs for residents, adapting their efforts as needed to local conditions.

9. Further Information. For further information related to this notice, please contact Shauna

Sorrells, Director, Office of Public Housing Programs at (202) 402-2769.

___________/s/____________________ ___________/s/___________________

Sandra B. Henriquez Jon L. Gant,

Assistant Secretary for Public and Indian Director, Office of Healthy Homes

Housing and Lead Hazard Control
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 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

WASHINGTON, DC 20410-8000

ASSISTANT SECRETARY FOR HOUSINGFEDERAL HOUSING COMMISSIONER

Special Attention of: NOTICE: H 2012-22

 

Multifamily Hub Directors Issued: October 26, 2012

Multifamily Program Center Directors

Rural Housing Services (RHS) Directors Expires: This notice remains in effect

Supervisory Housing Project Managers until amended, revoked, or

Housing Project Managers superseded 

Contract Administrators

Multifamily Owners and Management Agents Cross References: H 2010-21

Subject: Further Encouragement for O/As to Adopt Optional Smoke-Free 

Housing Policies

I. Purpose

Many owners and management agents (O/As) participating in one of the Multifamily 

Housing rental assistance programs listed in Section III of this Notice have taken steps to 

implement smoke-free housing policies in some or all of the properties they own/manage 

since the issuance of Housing Notice 2010-21. The purpose of this Notice is to further 

encourage the adoption of smoke-free housing policies by O/As who have not yet chosen to 

do so. The guidance found in this Notice for O/As choosing to implement a smoke-free 

housing policy has not changed from Housing Notice 2010-21.

II. Background

Exposure to smoke, whether direct or secondhand, causes adverse health outcomes such as 

asthma and other respiratory illnesses, cardiovascular disease, and cancer. The 2010 

Surgeon General’s Report – How Tobacco Smoke Causes Disease: The Biology and 

Behavioral Basis for Smoking-Attributable Disease supports this statement by explaining 

that low levels of smoke exposure, including exposure to secondhand smoke, lead to a rapid 

and sharp increase in dysfunction and inflammation of the lining of blood vessels, which are 

implicated in heart attacks and strokes. Additionally, the report states that cigarette smoke 

contains more than 7,000 chemicals and compounds. Hundreds of these chemicals and 

compounds are toxic and at least 69 cause cancer.

In 2006, the U.S. Department of Health and Human Services published The Health 

Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon 

General. This document expounds on health effects due to involuntary exposure to tobacco 

smoke. The report defines secondhand smoke, in the past referred to as environmental 
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tobacco smoke (ETS), as smoke composed of sidestream smoke (the smoke released from 

the burning end of a cigarette) and exhaled mainstream smoke (the smoke exhaled by the 

smoker). The report lists several major conclusions, all based on scientific data, including 

the following: 1) The scientific evidence indicates that there is no risk-free level of 

exposure to secondhand smoke; and 2) Eliminating smoking in indoor spaces fully protects 

nonsmokers from exposure to secondhand smoke. Separating smokers from nonsmokers, 

cleaning the air, and ventilating buildings cannot eliminate exposure of nonsmokers to 

secondhand smoke.

Below are relevant statistics and conclusions from The Health Consequences of Involuntary 

Exposure to Tobacco Smoke: A Report of the Surgeon General.

 According to a 2005 estimate by the California Environmental Protection 

Agency, Office of Environmental Health Hazard Assessment, approximately 

50,000 excess deaths result annually in the United States from exposure to 

secondhand smoke.

 Children exposed to secondhand smoke are at an increased risk for sudden infant 

death syndrome, acute respiratory infections, ear problems, and more severe 

asthma.

 Secondhand smoke has been designated as a known human carcinogen (cancercausing agent) by the U.S. Environmental Protection Agency, National 

Toxicology Program and the International Agency for Research on Cancer.

 Exposure of adults to secondhand smoke has immediate adverse effects on the 

cardiovascular system and causes coronary heart disease and lung cancer.

 Nonsmokers who are exposed to secondhand smoke at home or at work increase 

their risk of developing heart disease by 25-30 percent.

 Nonsmokers who are exposed to secondhand smoke at home or at work increase 

their risk of developing lung cancer by 20-30 percent.

The United States Fire Administration (USFA) indicates smoking as the number one cause 

of preventable home fire deaths in the United States. Furthermore, about 1,000 people are 

killed every year in their homes by fires caused by cigarettes and other smoking materials. 

The USFA states 25 percent of people killed in smoking-related fires are not the actual 

smokers; of this percentage, more than one third of these victims were children of the 

smokers, and 25 percent were neighbors or friends of the smokers. In addition to the 

negative health effects of secondhand smoke, smoking is a proven hazard to physical 

structures. 

III. Applicability

This Notice applies to:

A. Project-based Section 8

1. New Construction

2. State Agency Financed

3. Substantial Rehabilitation
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3

4. Section 202/8

5. Rural Housing Services Section 515/8

6. Loan Management Set-Aside (LMSA)

7. Property Disposition Set-Aside (PDSA)

B. Rent Supplement

C. Section 202/162 Project Assistance Contract (PAC)

D. Section 202 Project Rental Assistance Contract (PRAC)

E. Section 811 PRAC

F. Section 811 Project Rental Assistance Demonstration units under a Rental Assistance 

Contract

G. Section 236

H. Rental Assistance Payment (RAP)

I. Section 221(d)(3) Below Market Interest Rate (BMIR)

IV. Update to House Rules/Policies and Procedures

O/As choosing to implement a smoke-free housing policy must update their House Rules

and Policies and Procedures, as applicable, to incorporate the smoke-free housing

requirements. O/As are encouraged to establish smoke-free policies that pertain specifically 

to their buildings and grounds including any common areas, entry ways, openings to the 

buildings (e.g. windows), and/or playground areas.

In carrying out any smoke-free housing policy, O/As must comply with all applicable fair 

housing and civil rights requirements in 24 CFR 5.105, including, but not limited to, the Fair 

Housing Act; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act 

of 1973; Title II of the American Disabilities Act; Section 109 of the Housing and 

Community Development Act of 1974.

V. Requirements for Implementing Smoke-free Housing Policies

O/As who choose to establish smoke-free housing policies may establish policies that allow 

smoking in individual units but prohibit smoking in all common areas or policies to create a 

totally smoke-free property.

A. The O/A’s policies must:

1. Be in accordance with state and local laws.

2. Address smoking in a tenant’s unit, common areas, playground areas, areas near any 

exterior window or door, and areas outside a tenant’s unit.

3. Designate specific smoking areas and identify these areas with clear signage

unless the O/A establishes a totally smoke-free policy. 
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B. The O/A must not have policies that:

1. Deny occupancy to any individual who smokes or to any individual who does not 

smoke who is otherwise eligible for admission. 

2. Allow the O/A to ask at the time of application or move-in whether the applicant or 

any members of the applicant’s household smoke. However, if the O/A has 

established a smoke-free building as of a certain date, the O/A must inform 

applicants after that date that the property is totally smoke-free. The O/A must not 

maintain smoking or nonsmoking specific waiting lists for the property.

3. Allow the O/A to ask at the time of recertification, whether the tenant or any 

members of the tenant’s household smoke. 

4. Require existing tenants, as of the date of the implementation of the smoke-free 

housing policies, to move out of the property or to transfer from their unit to another 

unit. 

C. Grandfathering

O/As are not required to grandfather current tenants living at their properties, however, 

they do have the option to do so. Such policies must be clearly defined (e.g. whether 

current tenants are allowed to smoke in their units).

D. Non-smoking wings, buildings, floors, or units

O/As are not restricted from establishing smoke-free wings, buildings, floors, and/or 

units at their property. When a unit becomes available, regardless of where this unit is 

located, it must be offered to the first eligible household on the waiting list. Waiting 

lists must be maintained (including the removal of names from the waiting list)

according to existing procedures found in HUD Handbook 4350.3 REV-1, Occupancy 

Requirements of Subsidized Multifamily Housing Programs, Chapter 4.

O/As who have already established smoke-free policies may continue to enforce their 

current policies so long as the policies do not violate state or local laws or any of the above 

guidance.

VI. Implementation

O/As must implement any new smoking-related House Rules in accordance with HUD 

Handbook 4350.3 REV-1, Occupancy Requirements of Subsidized Multifamily Housing 

Programs, paragraphs 6-9 and 6-12. 

A. New admissions. O/As are required by existing HUD policies to provide the House 

Rules to all new tenants.
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5

B. Existing tenants. O/As must notify existing tenants, who have completed their initial 

lease terms, of the modifications to the House Rules 30 days prior to implementation. 

Notification is accomplished by forwarding a copy of the revised House Rules to 

existing tenants. For those tenants who have not yet completed their initial lease terms, 

the owner must provide the tenant with 60 days notice, prior to the end of their lease 

terms, of the change in the House Rules.

Communications to applicants and existing tenants regarding smoke-free housing 

policies must be provided in a manner that is effective for persons with disabilities, see 

24 CFR § 8.6, and for persons who have limited English proficiency. O/A’s should refer 

to HUD’s published Final Guidance to Federal Financial Assistance Recipients: Title VI 

Prohibition Against National Origin Discrimination Affecting Limited English Proficient 

Persons (LEP Guidance)(72 FR 2732) for assistance and information regarding LEP

obligations.

VII. Penalties for Violating the House Rules

Repeated violations of the non-smoking policy may be considered material noncompliance 

with lease requirements and may result in termination of tenancy. When pursuing eviction 

due to material noncompliance with lease requirements, existing HUD procedures found in 

HUD Handbook 4350.3, REV-1, Occupancy Requirements of Subsidized Multifamily 

Housing Programs, Chapter 8 must be followed.

VIII. Further Information

If you have any questions regarding the requirements in this Notice as they pertain to the 

Office of Housing’s programs, please contact your local HUD Field Office.

________________________________

Carol J. Galante 

Acting Assistant Secretary for Housing -

 Federal Housing Commissioner
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Appendix B: Resources 

Americans for Nonsmokers’ Rights (ANR) 

http://www.no-smoke.org/goingsmokefree.php?id=594 ANR 

offers materials to help landlords implement smoke-free policies, 

including an up-to-date list of state and local tobacco control laws.

American Lung Association (ALA)

http://www.lung.org/stop-smoking/about-smoking/smokefreehousing.html ALA offers an online curriculum for how to 

implement a smoke-free policy in multifamily properties. 

Austin Smoke-Free Housing: A Manager’s Guide to Smoke-Free 

Housing Policies http://www.livetobaccofreeaustin.org/docs/

Smoke%20Free%20Housing%20Guide.pdf

This easy-to-read guide offers practical steps and sample materials 

for property managers.

California Center for Tobacco Policy and Organizing (The Center)

http://center4tobaccopolicy.org/tobacco-policy/smokefree-multiunit-housing/ This site provides resources for going smoke-free 

in buildings; it also tracks communities in California that pass laws 

that limit or prohibit smoking in and around multifamily properties. 

CDC’s Healthy Homes Manual: Smoke-Free Policies for Multiunit 

Housing http://www.cdc.gov/healthyhomes/healthy_homes_

manual_web.pdf

ChangeLab Solutions – Smoke-Free Housing

http://changelabsolutions.org/landing-page/healthy-housingstable-and-smokefree ChangeLab provides leadership in smokefree housing options in California; many of their materials are 

helpful for those in other states.

Fair Housing Council of Oregon’s brochure “Mediating 

Secondhand Smoking Disputes in Housing”

http://www.fhco.org/pdfs/SFmedationFactSheet.pdf

HUD’s Smoke-Free Housing Toolkits

− For Public Housing Authorities and Owners/Managers

http://portal.hud.gov/hudportal/documents/

huddoc?id=pdfowners.pdf

− For Residents 

http://portal.hud.gov/hudportal/documents/

huddoc?id=pdfresidents.pdf
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HUD’s toolkits were developed in partnership with the American 

Academy of Pediatrics, the American Lung Association, and 

the U.S. Department of Health and Human Services. They are 

compilations of educational materials from other organizations.

International Smoke-Free Housing Coalition Global Directory

http://www.mnsmokefreehousing.org/fckfiles/Global%20

Directory%20of%20Smoke-Free%20Housing%20May%202014.pdf 

The purpose of this directory is to connect those working on 

smoke-free multi-housing with each other and each other’s 

services. 

King County Housing Authority Non-Smoking Policy Lease 

Addendum

http://www.kcha.org/Portals/0/PDF/Policies/Non_Smoking_

Policy.pdf. King County Housing Authority offers an example NonSmoking Policy Lease Addendum, which provides an explanation 

of the policy, terms, and conditions associated with smoke-free 

housing. This document can be used as a guideline to assist 

managers/owners who want to make their buildings smoke-free.

Live Smoke Free Program

www.mnsmokefreehousing.org

Live Smoke Free offers educational brochures, manuals, webinars, 

and promotional materials to assist managers/owners who want to 

make their buildings smoke free. 

National Smoke-Free Multi-Unit Housing Listserv

http://www.lsoft.com/scripts/wl.exe?SL1=SMOKEFREEHOUSINGTALK&H=COMMUNITY.LSOFT.COM

The smoke-free multi-unit housing listserv is free and open to 

anyone working on or interested in learning more about smoke-free 

multi-unit housing. More than 300 experienced advocates are on 

this online network.

No Smoking Policy Plan Options and Talking Points for Housing 

Authorities

www.chef.org/LinkClick.aspx?fileticket=XkZ7Lys6CJ0%3D 

This site includes policy plan options, work plans, and talking points 

prepared under a State of Washington Department of Health Grant 

by Comprehensive Health Education Foundation, Pacific Northwest 

Regional Council of NAHRO, and the Association of Washington 

Housing Authorities.
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Providence Housing Authority’s The Right to Breathe Clean 

Air Toolkit 

http://pha-providence.com/documents/PHA_Toolkit_Final.pdf

(Additional video: https://www.youtube.com/watch?v=hOl2mo08_

jA) The Providence Housing Authority successfully implemented 

a smoke-free policy in five of their senior and disabled high-rise 

housing developments. This toolkit and 15-minute video were 

developed as guides for other housing authorities. 

Public Health Law Center Tobacco Control Legal Consortium

http://publichealthlawcenter.org/topics/tobacco-control/smokefree-tobacco-free-places/housing

The Public Health Law Center provides publications and online 

classes to build awareness of legal and policy considerations for 

smoke-free policies.

Sample Resident Letter and Secondhand Smoke Survey for Use 

by Owners and Property Managers

http://www.cleanairkc.com/sites/cleanairkc.com/files/

smokefreehousing_formslettersresources.pdf

The above Sample Resident Letter and Secondhand Smoke Survey 

are for owners and property managers to distribute to tenants. 

Smoke-Free Environments Law Project (SFELP)

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

The Smoke-Free Environments Law Project (SFELP) provides 

information about smoke-free policy adoption and the legal and 

liability issues related to secondhand smoke. While SFELP is a 

law project serving Michigan, most of the information on its site is 

relevant to all states.

Smoke-Free Housing Coalition of Maine

http://www.smokefreeforme.org/property-owners-managers

This organization was instrumental in helping Maine become the 

first state with smoke-free policies in all of its public housing. The 

website has publications and multimedia resources for landlords 

and property managers.

Smoke-Free Multi-Unit Housing North Carolina

http://www.smokefreehousingnc.com/

This comprehensive site provided by the North Carolina 

Department of Health and Human Resources offers case studies, 

videos, and checklists.
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Appendix C: Summary of Federal

Register Comments

I. Background

On October 4, 2012, HUD published a request for information 

regarding how HUD could best continue to support the 

implementation of smoke-free policies for public housing and 

multifamily housing. HUD specifically requested information on 

best practices and practical strategies from housing providers 

who have implemented smoke-free policies; ideas for overcoming 

potential obstacles for a smoke-free policy; and methods for 

supporting residents to transition to smoke-free housing. HUD also 

requested information from housing providers that have decided 

not to implement a smoke-free policy.

The original public comment period on the request for information 

closed after 30 days, on November 5, 2012, but it was subsequently 

extended for 60 days, closing on January 22, 2013, with a total of 

116 comments received. Comments were submitted by individual 

members of the public, Fair Housing interest groups, health policy 

organizations, state and local health departments, hospitals, senior 

centers, housing associations, and public housing authorities 

(PHAs). All comments are available and may be read at www. 

regulations.gov (FR-5597-N-01 and FR-5597-N-02). 
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II. Highlights of Comments

The following highlights summarize submissions regarding 

effective practices and ideas for planning and implementing a 

smoke-free policy, barriers to implementation, and reasons for not 

administering a smoke-free policy.

General Support for HUD’s Smoke-Free Initiative

Overall, most comments were supportive of the smoke-free 

imitative. The comments in support of the smoke-free initiative 

stressed the health benefits of such policies, the importance of 

providing cessation assistance to residents as part of a successful 

program, and the cost savings to the PHA or owner/agent. Many 

of the same comments appear in multiple commenters’ responses. 

Supporters noted that smoke-free multifamily policies need not be 

inconsistent with tenants’ rights or housing security of low-income 

populations.

● A comment submitted jointly by 19 partners, including the 

American Lung Association and American Academy of 

Pediatrics, makes the following points, which are echoed by 

other commenters:

O Secondhand smoke exposure increased children’s school 

absenteeism, according to the third National Health and 

Nutrition Examination Survey (NHANES); a study of 

California school children showed risk of absenteeism 

increased as the number of smokers in the household 

increased;

O When compared to children living in single-family 

housing, children in multifamily housing had significantly 

higher levels of the nicotine marker (cotinine) in their 

blood;

O Residents with personal smoke-free home rules in 

multifamily housing are nevertheless exposed to smoke in 

the building;

O The existing lack of smoke-free policies 

disproportionately affects low-income families who 

cannot move due to economic or health reasons;

O According to the National Center for Health in Public 

Housing, assisted housing residents are more likely to be 

exposed to secondhand smoke than residents of other 

multifamily housing;
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O A tribal housing authority (The Cook County Inlet 

Housing Authority; Anchorage, Alaska) reported positive 

findings from their implementation of a smoke-free 

policy, including support from the majority of residents; 

cost savings in turnover and maintenance; reduced risk 

of fire; and no drop in housing applications. The housing 

authority stated it obtained a lower rate of property 

insurance after implementing the smoke-free policy.

Opposition to the Initiative

● Many comments in opposition to the initiative were based 

on the following positions that HUD’s Office of Lead Hazard 

Control and Healthy Homes considers to be misconceptions:

O Tenants have a right to smoke in their apartments;

O PHAs and owners/agents do not have the legal authority 

to restrict smoking in residential units;

O Residents will be “fast tracked” to eviction for violations 

of smoke-free policies;

O Most residents are opposed to smoke-free policies;

O Residents will be unable or unwilling to go outside to 

smoke in inclement weather;

O Residents will be denied access to housing if they smoke;

O Smoke-free housing policies are effective only when 

initiated by the majority of residents.

Comments from Public Housing Authorities

● Some PHAs were concerned about an increase in vacancy 

rates, which may affect their HUD performance rating. There 

was also opposition to the voluntary nature of the HUD 

policy; more than one housing authority recommended that 

this be made a standard procedure for all PHAs to create a 

level playing field.

● Some PHAs with smoke-free policies commented that they 

are at a competitive disadvantage to units in the Housing 

Choice Voucher Program.

● Some PHAs commented that smoking is a legal activity and 

should not be restricted, and that PHAs sometimes have 

difficulty enforcing prohibitions on illegal activities (crime 

and drugs).

● Some PHAs commented that requiring residents to go 

outside to smoke may result in safety or mobility concerns.
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● Some PHAs commented that PHAs do not have the 

resources needed to implement smoke-free policies, that 

smoke-free policies would tie up resources and reduce their 

ability to fulfill the core mission of the housing authority.

● Some PHAs commented that any reporting requirements to 

HUD should be limited to the Annual Plan process.

Suggestions for Planning and Implementation

● Generally, commenters recommended that a smoke-free 

policy should contain the following elements:

O An adequate timeline with repeated outreach and 

notifications to residents; involvement of resident groups; 

provision of a substantial adjustment period before 

policy takes effect; implementation of new house rules 

or addendum at lease renewal; offering of smoking 

cessation assistance, including medications, classes, and 

counseling;

O Rationale for why the policy was created and the 

background on increased benefits and safety of living 

in a smoke-free environment; reliance on the Surgeon 

General’s 2006 report as a reliable information source;

O Explanation of all elements of the policy such as the 

applicability to all residents, guests, and employees; 

definition of smoking, identification of areas that are 

smoke-free, and any outside areas where smoking will be 

allowed; placement of appropriate signage;

O Consequences of violating the policy; what actions will 

occur by management; that residents are not required 

to report violations, but if they wish to do so, how they 

should report them

O HUD should link HUD regional offices to local groups 

and encourage provision of credits or rate reductions for 

properties with smoke-free policies.

Suggestions for Policy Enforcement

● Generally, commenters recommended that a smoke-free 

policy should be enforced with the following considerations:

O Smoke-free policies should be balanced, comprehensive, 

and respectful of all tenants.

O Enforcement should begin after a generous phase-in 

period during which cessation assistance is provided 

and the enforcement policy is explained in detail. The 

average suggested phase-in period (from notice to date 

of implementation) was 8.5 months.
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O Tenants should not be held responsible for reporting the 

activities of others in regards to breaches of a smokefree policy but should be provided a confidential means 

of doing so if they deem necessary.

O For smokers who have extreme difficulty complying with 

the smoke-free policy, alternative sources of housing 

should be explored to avoid eviction and possible 

homelessness.

O Enforcement policies should not discriminate against 

people on account of their race, color, national origin, 

disabilities, or other protected class.

O Violations of the smoke-free policy should be similar to 

violations of other lease provisions; smoking should not 

put residents on a “fast track” to eviction.

Comments on Barriers and Strategies

● HUD could reduce misinformation and lack of information by:

O Maintaining an easy-to-navigate website containing 

resources to help assisted housing properties go smokefree; provide templates of surveys, notification letters, 

lease language, enforcement strategies, and signage;

O Providing education to housing providers on legal 

issues, including Fair Housing issues, reasonable 

accommodation, and HUD program office rules and 

policies;

O Funding local organizations to provide education and 

technical assistance to housing providers about smokefree housing issues;

O Funding or promoting the provision of smoking cessation 

assistance to assisted housing residents by local 

organizations;

● HUD could level the playing field for neighboring properties 

by requiring smoke-free policies for all properties, thereby 

eliminating the occurrence of residents of a smoke-free 

property walking to a different property to smoke;
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Suggestions and Innovative Practices

● Housing providers with successful smoke-free policies 

submitted the following practices:

O Establish early partnerships with providers of cessation 

assistance before the policy is announced to ensure 

that cessation assistance is ready when the policy is 

implemented;

O Provide resident-run support groups for smokers 

trying to quit and one-on-one education and cessation 

counseling; use of resident champions;

O Avoid situations where a smoke-free policy is 

implemented but not enforced;

O Educate owners on the financial advantages of a smokefree policy (reduced maintenance and insurance costs);

O Avoid discrimination against those individuals suffering 

physical or mental disabilities by performing pre-policy 

research into reasonable accommodations law and 

medical marijuana law; make special efforts to transition 

persons with such disabilities away from nicotine use; 

estimate any resultant increased need for shelters and 

mental health services within the community; and, offer 

alternative suitable housing in another location;

O In larger developments, pilot smoke-free policies in a 

limited number of buildings with expansion to other 

developments; create an enforcement toolkit that 

includes instructions for public hearings, telephone 

numbers, and e-mail hotlines for information; encourage 

multifamily housing providers to educate residents on 

health department toll-free information numbers for 

smoke-free housing information;

O Take time to gather property-specific information that 

was used during implementation, such as resident survey 

results; availability of smoking cessation resources from 

organizations located near the property; availability of 

nearby child care options so parents can attend smoking 

cessation classes; costs to maintain and turn over 

smoking versus non-smoking units;

O Housing providers can use nicotine detectors to 

objectively detect and document the presence of 

secondhand smoke in units
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● Commenters suggested that HUD consider the following 

actions:

O Develop a standard method to track cost savings 

and explore ways to collect cost information without 

burdening housing providers;

O Consider the unintended consequences of not having 

adequate resident participation in policy development; 

provide model lease language describing how disputes 

will be resolved before lease terminates;

O Recommend that all housing providers conduct a 

resident survey to dispel the beliefs that residents do not 

want smoke-free policies;

O Create a timeline for housing providers to implement 

smoke-free policies and provide funding to assist with 

policy design, adoption, cessation, and enforcement;

O Create and support a national network of technical 

assistance providers;

O Maintain a list of federally assisted smoke-free housing 

providers;

O Develop a step-by-step outline or checklist for how a 

property can go smoke-free;

O Require PHAs to submit a course of action in Annual 

Plans that describe their intent and plans to be 100% 

smoke-free by a time certain;

O Collect success stories and disseminate to housing 

providers; train field staff in smoke-free housing issues, 

including field office issuance of letters of support for 

smoke-free policies at time of new construction and 

property rehabilitation.

Miscellaneous Comments

● The policy of having tenants smoke at least 25 feet away 

from the property was supported by some commenters, 

but others cautioned that such a policy may create safety 

issues dependent upon the geographic location of residence 

(Proximity to roads, highways, and construction sites 

were concerns.). This could be problematic in jurisdictions 

where smoking is banned in parks and other outdoor areas. 

There was also concern that this aspect of the policy could 

contribute to an increase in unattended minors within the 

housing property.