Smoke Free Housing

Steps for tenants

Know the Facts
Document the Problem
Talk it Out
Explore Legal Solutions
Advocate for Smoke Free housing

Steps for landlords

Get tenant input. Including tenants in the process can build support and help prepare for the transition:

Start by talking to the tenants about your plan to go smoke free. Include them in the decision -chances are the majority of them already prefer smoke free housing
Consider conducting a survey to get input from tenants about their preferences. Assess how many tenants are bothered by secondhand smoke, how many smoke, how many smoke inside, or how many would be willing to move so you can designate smoking and non-smoking buildings
Provide talking points to staff to help them start talking about the benefits of going smoke free.
If appropriate hold a meeting. Gather with tenants to discuss the change.

Choose a transition plan. There are many ways to phase-in a policy. Consider one of the following options:

Make units non-smoking as new tenants move in.
As leases turn over, have current tenants sign a non-smoking lease addendum.
Grandfather current tenants until they move out.
"Go smoke free" after a certain date by the following landlord-tenant law requirements, including giving advance notice and having tenants agree to changes in writing.

Develop your policy. You'll want to be as specific as possible in your new policy. Consider the details of your new policy in advance:

Where smoking is and is not allowed (indoors and out).
Who the policy applies to (tenants, guests, staff, service persons).
The definition of smoking.
Effective dates for new and current tenants.
Consequences for violations
Whether to have a designated outdoor smoking area at least 25 feet away from the building and common areas.

Give notice and set a date. Help tenants prepare for the transition by taking a few easy steps:

Give at least 30 days notice. A longer period gives people more time to adapt, thereby improving compliance.
Distribute a resident notification letter to announce the change. (A Sample Notification Letter is available through Rural 3 by contacting aletha.martinez@bassett.org or marcia.kozubek@bassett.org)
Advertise your new smoke free units.
Have tenants sign a lease addendum on the date you go smoke free, or upon lease renewal.
Prepare cessation resources for interested tenants. Start by visiting the New York State Smokers' Quit Site. www.nysmokefree.com or call 1-866-NY-QUITS.

Enforce your policy. You can enforce your smoke free policy like any other rule:

Include it in the rental agreement
Tell tenants about it during the application phase and at move-in
Post signs and stickers
Hold tenants financially responsible for bringing the unit back to its original condition
Visit the property and perform inspections
Respond promptly to complaints about violations
Use a system of warning letters and eviction procedures when tenants don't comply. (A Sample Warning Letter is available through Rural 3 by contacting aletha.martinez@bassett.org or marcia.kozubek@bassett.org)

Smoke Free Housing

Steps for tenants

Know the Facts

Document the Problem

Talk it Out

Explore Legal Solutions

Advocate for Smoke Free housing

Steps for landlords

Get tenant input. Including tenants in the process can build support and help prepare for the transition:

Start by talking to the tenants about your plan to go smoke free. Include them in the decision -chances are the majority of them already prefer smoke free housing

Consider conducting a survey to get input from tenants about their preferences. Assess how many tenants are bothered by secondhand smoke, how many smoke, how many smoke inside, or how many would be willing to move so you can designate smoking and non-smoking buildings

Provide talking points to staff to help them start talking about the benefits of going smoke free.

If appropriate hold a meeting. Gather with tenants to discuss the change.

Choose a transition plan. There are many ways to phase-in a policy. Consider one of the following options:

Make units non-smoking as new tenants move in.

As leases turn over, have current tenants sign a non-smoking lease addendum.

Grandfather current tenants until they move out.

"Go smoke free" after a certain date by the following landlord-tenant law requirements, including giving advance notice and having tenants agree to changes in writing.

Develop your policy. You'll want to be as specific as possible in your new policy. Consider the details of your new policy in advance:

Where smoking is and is not allowed (indoors and out).

Who the policy applies to (tenants, guests, staff, service persons).

The definition of smoking.

Effective dates for new and current tenants.

Consequences for violations

Whether to have a designated outdoor smoking area at least 25 feet away from the building and common areas.

Give notice and set a date. Help tenants prepare for the transition by taking a few easy steps:

Give at least 30 days notice. A longer period gives people more time to adapt, thereby improving compliance.

Distribute a resident notification letter to announce the change. (A Sample Notification Letter is available through Rural 3 by contacting aletha.martinez@bassett.org or marcia.kozubek@bassett.org)

Advertise your new smoke free units.

Have tenants sign a lease addendum on the date you go smoke free, or upon lease renewal.

Prepare cessation resources for interested tenants. Start by visiting the New York State Smokers' Quit Site. www.nysmokefree.com or call 1-866-NY-QUITS.

Enforce your policy. You can enforce your smoke free policy like any other rule:

Include it in the rental agreement

Tell tenants about it during the application phase and at move-in

Post signs and stickers

Hold tenants financially responsible for bringing the unit back to its original condition

Visit the property and perform inspections

Respond promptly to complaints about violations

Use a system of warning letters and eviction procedures when tenants don't comply. (A Sample Warning Letter is available through Rural 3 by contacting aletha.martinez@bassett.org or marcia.kozubek@bassett.org)

For more information and techical assistance call toll free 1-866-378-7253 or to learn more go to http://smokefreehousingny.org/