Daily Rules, Proposed Rules, and Notices of the Federal Government
In 2009, HUD issued PIH Notice 2009-21
PIH Notice 2009-21 also referenced a case study produced by the Sanford Maine Housing Authority that concluded that smoke-free units are less expensive to turn over for new residents, due to a lack of damage to carpets, stains on walls and damage to other interior spaces and finishes caused by smoke and burn marks.
As of January 2011, over 225 PHAs have adopted smoke-free policies in some or all of their units. HUD has also received a substantial amount of correspondence from residents, PHAs, O/As, governmental agencies and advocacy groups requesting additional guidance on how housing providers can implement smoke-free policies. On May
In light of the above, HUD is seeking public comment from the general public, PHAs, O/As, public housing residents, multifamily housing residents and other stakeholders to help inform HUD on how best to support housing providers and residents in their voluntary implementation of smoke-free policies while continuing to serve HUD's core mission of housing low-income families. HUD must carefully balance the interests of such policies with the need for low income residents to have decent, safe and affordable places to live.
HUD's purpose in requesting this information is to provide a meaningful opportunity for stakeholders as well as the general public to assist HUD in its development of useful and effective guidance to support the implementation of smoke-free policies in both public housing and multifamily housing. Therefore, in advance of issuing additional guidance and resources, HUD invites interested parties to provide detailed comments on all aspects of this issue. In addition, HUD is providing the following list of topics and questions to which it is seeking substantive responses, including rationales and explanations for the answers provided.
a. What benefits support the implementation of a smoke-free policy? For PHAs and O/As that have transitioned, were there any unanticipated quantifiable and qualitative benefits from implementing a smoke-free policy?
b. Should a minimum percentage of residents support implementing a smoke-free policy before the PHA or O/A implements such a policy? For PHAs and O/As that have transitioned, what percentage of residents wanted a smoke-free policy? How was this percentage determined?
c. What are the greatest risks or costs to implementing a smoke-free policy? For PHAs and O/As that have transitioned, what, if any, were the unintended consequences from implementing a smoke-free policy?
d. How can the benefits, risks and costs of a smoke-free policy be measured or tracked? For PHAs and O/As that have transitioned, are the benefits, risks and costs of implementing a smoke-free policy being measured or tracked and, if so, how and what are the results?
e. What costs might be incurred or monetary savings realized if the PHA and O/A transitioned to smoke-free housing? For example, are savings available on insurance rates or on unit turnover? How can these costs and savings be calculated? For PHAs and O/As that have transitioned, what were the actual short-term and long-term costs and savings resulting from the transition?
f. For PHAs and O/As that have considered implementing a smoke-free policy but have decided against doing so, what were the reasons for deciding not to move forward? Did the PHA or O/A that did not implement a smoke-free policy choose instead to make improvements or adjustments to housing units to reduce the migration of smoke between units, and if so, what were the associated costs?
a. What roles should PHA or O/A management, maintenance staff and resident representatives play in developing and implementing a smoke-free policy?
b. For PHAs and O/As that have implemented a smoke-free policy, what roles did residents, local groups (
c. For PHAs and O/As that have implemented a smoke-free policy, beginning with the initial planning period, how long did it take to implement the smoke-free policy? Was the policy initiated by management or by residents? What were the steps in the process, and how long did each take? What steps were taken to engage residents, including residents with disabilities (
d. How was the policy communicated to residents? How long after notifying the residents was the policy implemented? Was that sufficient notice, and if not, what would be sufficient notice?
e. What are the major elements of a smoke-free policy? For PHAs and O/As that have implemented smoke-free policies, have any changes been made to the policy due to unanticipated consequences? If so, in what ways has the policy changed?
f. What are the most challenging obstacles to implementing a smoke-free policy and how might they be overcome? For PHAs and O/As that have implemented smoke-free policies, what were the most challenging obstacles encountered and how were they addressed?
g. Currently, HUD encourages PHAs to revise their lease agreements to reflect any new smoke-free policy and asks O/As to make these revisions in their house rules. Should the PHA and O/A be required to amend resident leases or house rules if they implement a smoke-free policy? If so, how and when should the leases or house rules be amended? For PHAs and O/As that have implemented smoke-free policies, were leases or lease addendums (house rules) amended?
a. How should smoke-free policies be enforced? What should the consequences of violating the smoke-free policy be? How should the consequences of violating the smoke-free policy be communicated to residents? For PHAs and O/As that have implemented smoke-free policies, what are the consequences if residents violate the policy, what enforcement mechanisms are used and what are the barriers to using the available enforcement mechanisms? For PHAs or O/As that have pursued evictions for failure to comply with the smoke-free policy, have any residents been evicted, and if so, how many times had the resident violated the smoke-free policy before it was considered a serious violation of the lease or house rules?
b. Should residents who smoked before the implementation of the policy be allowed to continue to smoke until they move out or for a specific period of time (
c. Should residents affected by the smoke-free policy be offered other housing alternatives if the residents cannot or will not comply with smoke-free policies? For PHAs and O/As who
a. For PHAs, O/As and residents that have used the “Smoke Free Toolkit,” how was the toolkit utilized and are there additional resources that should be added?
b. What resources are available from the community or state to help residents transition to a smoke-free policy, and do they include cessation counseling or nicotine substitutes (
c. For PHAs and O/As that have implemented a smoke-free policy, what resources would have been helpful, but were not provided? In cases where nicotine substitutes or other smoking cessation resources (e.g., counseling) were provided, were the resources successful in helping ensure the policy was followed? What, if any resources were obtained from tobacco control advocates or health care providers?