Regulating Smoking in Multi-Unit Housing in North Carolina Anna Stein, JD Tobacco Prevention and Control Branch NC Division of Public Health
April 26, 2012
Secondhand Smoke and Multi-Unit Housing
People in US spend an average of 69% of their time in their homes Secondhand smoke (SHS) travels from unit to unit No-smoking policies only way to eliminate SHS exposure Disproportionate impact of SHS in multi-unit housing on low-income citizens
Hewett, Sandell, Anderson & Niebuhr, 2006; King et al., 2009; Pizacani et al., 2012
Smoke-free Housing Policies are Good for Public Health Decreased SHS exposure for nonsmokers Decreased cigarette consumption among smokers Increased quit rates
2.6%→13.7% Cheng, Glantz & Lightwood, 2011; Pizacani et al., 2012
Smoke-Free Policies are Good for Business
Reduced turnover costs
Reduced fire risk
Strong tenant demand
Hennrikus et al., 2003; Hewett et al., 2007; US Fire Administration, 2010; Winickoff et al., 2010; Ong, 2011
Smoke-Free Policies are Legal
Market-rate housing
Affordable housing (e.g. Section 8) 2010 HUD notice recommending smoke-free policies
Public housing 2009 HUD notice recommending smoke-free policies
www.publichealthlawcenter.org/topics/tobacco-control/smokingregulation/housing
Restricting Smoking in Public Housing NCGS § 130A-498(b1): A local ordinance or other rules, laws, or policies adopted under this section may not restrict or prohibit smoking in the following places: (1) A private residence.
NCGS § 157-9(a) “No provisions with respect to the acquisition, operation or disposition of property by other public bodies shall be applicable to [a public housing] authority unless the legislature shall specifically so state.”
Legal Claims Against Landlords for Secondhand Smoke Breach of the warranty of habitability Breach of the covenant of quiet enjoyment Constructive eviction
Technical Assistance Legal Center, 2007
Tobacco Prevention and Control Branch and Smoke-Free Housing
Outreach to housing industry
Online toolkit opening soon
Community Transformation Grant (CTG)
Community Transformation Grant Strategic Direction 1: Tobacco free living 1. Increase smoke-free regulations of local government buildings and of indoor public places 2. Increase tobacco-free regulations for government grounds, including parks and recreational areas. 3. Increase smoke-free housing policies in affordable multi-unit housing and other private sector marketbased housing. 4. Increase the number of 100% tobacco-free policies on community college campuses and state and private university/college campuses.
Further Information or Assistance from the Tobacco Prevention and Control Branch Sally Herndon, MPH Branch Head (919) 707-5401
[email protected] Anna Stein, JD (919) 707-5406
[email protected]
Jim D. Martin, MS Director of Policy (919) 707-5404
[email protected]