|
The Rental Housing Association
|
Smoke Free Housing
Get ahead of the competition. Make your rental property Smoke-Free
What is smoke-free?
Smoke-free rental properties are just that: properties where smoking is not allowed or is only allowed in designated smoking areas. Apartments, common areas, outside: all are smoke-free. Your residents have the comfort of knowing they won’t be breathing in second-hand smoke generated by other residents or their guests.
Why make my property smoke-free?
Prohibiting smoking attracts quality tenants and saves landlords money. Smoking inside causes damage
(burn marks in the carpet, on the vinyl, on countertops) and requires extra cleaning (those cigarette
butts on the ground, yellow nicotine stains on the walls, more shampooing of carpets).
Smoking is the single largest cause of house fires. Going smoke-free might save you on insurance costs.
Is it legal?
Prohibiting smoking is legal. Smokers are not a protected class. That has been clearly stated in
several lawsuits around the country. In fact, you can reduce legal problems by prohibiting smoking.
However well built your property, you cannot avoid second-hand smoke migrating from one apartment to another. A Clackamas County landlord was found to have violated the habitability covenant of one tenant when the cigarette smoke from the apartment below migrated upstairs.
Will it sell?
A recent survey of Portland area renters found that three quarters agreed that “other things being equal,”
they would chose a smoke-free property to live in. Over half said they would even pay extra to live in
such housing. Fewer than one fifth of renters are daily smokers, and a third of those don’t smoke in
their homes.
How do I do it?
Rental Housing Association of Greater Portland (RHAGP)
has a Smoke Free Brochure Available
(free at the office or in PDF format from the Portland-Vancouver Metro Areas Smokefree Housing
Project).
RHAGP has a new form, a Smoke-Free Agreement Form 27
Want to prohibit smoking? New Form #27 allows that.
Landlords and managers considering converting their properties to smoke-free now have access to new
tools to do that. Rental Housing Association (as a member of Oregon Rental Housing Association)
now has available for you a new lease addendum form, a booklet explaining how to convert properties
to smoke-free, and a flier you can use to explain to prospective tenants the benefits of living in
smoke-free housing. Landlords are making their properties smoke-free because it makes business sense.
A recent poll of Metro area renters showed that three quarters prefer living in smoke-free housing.
A majority would even be willing to pay extra for it.
A No Smoking Policy can save you money. Smoking causes damage: burn marks in the carpet and on vinyl
and countertops. Smoking increases your cleaning costs. Scrubbing that yellow nicotine off the walls,
shampooing carpets, and cleaning drapes all take time and cost money. Tobacco smoke will mean more
frequent repainting.
You can get the money out of the security deposit-assuming you have enough. But the extra time for
cleaning and repairs increases the down time for that apartment at turnover and that cost can come out of
your pocket. And isn't it better to return the deposit in full? Arguing over deposits is a drain on
your time and too often you end up compromising, resulting in more uncovered costs.
Smoking is the number one cause of house fires in Oregon. However well insured you are, fires cost money,
if not lives. According to the Hartford Insurance Company, more people die in fires caused by smoking
than in any other type of house fire. But even if no one dies, fires are catastrophic, and cost everyone.
Check with your insurance company: if you prohibit smoking on your property you may qualify for a lower
premium.
Prohibiting smoking is legal.
Smokers are not a protected class. That has been clearly stated in several lawsuits around the country.
In fact, you can reduce legal problems by prohibiting smoking. However well built your property,
you cannot avoid second-hand smoke migrating from one apartment to another.
A Clackamas County landlord was found to have violated the habitability covenant of one tenant when
the cigarette smoke from the apartment below migrated upstairs.
If you want to make your property smoke-free, here's what you have to do. First, you need to have
everyone agree. For new tenants, that's easy. Of course, the agreement needs to be in writing:
hence ORHA's new Form 27, the Smoke-Free Agreement. Filling out the form is easy.
Other than names and addresses and the date, all you need to fill in are two lines.
The first, item #8, lists where smoking is allowed. You might have a designated smoking area.
If you do this, it should be somewhere outdoors, preferably under cover, and not close to common areas
where smoke can drift. It also shouldn't be next to a play area, if you have one.
But you might simply say "None" if you don't allow smoking anywhere on the premises.
Item #9, Other, is where you might put transitional language, if you are converting your property
to smoke-free. You might say, "Because we are converting this property to smoke-free,
you might have neighbors who have the right to smoke."
Converting your property to smoke-free can take time. If you have tenants with fixed-term leases,
you cannot change the rules on them before their leases expire. If you have month-to-month tenants,
you can simply impose the new rule (by requiring them to sign the new form) with 30-days notice.
But you might decide to phase in the new rule by giving them some time, say six months,
so that you don't have a lot of tenants moving out all at the same time.
Converting your property to smoke-free is a business decision and you need to consider whether it will work for you. You might take a poll of your tenants-or simply talk to them informally-to see whether for them this is a positive. If your complex is full of good tenants who smoke, maybe you shouldn't convert.
If you do convert your property, be sure to put "Smoke-free" in your marketing. You can (and should) put it in ads, on fliers and signs, and online if you advertise there.
J. Norton Cabell
Cabell Enterprises
www.cabellenterprises.com
A resource for Oregon landlords
RHAGP also has available a one-page flyer you can reproduce describing the benefits of smoke-free
housing to use as a handout for residents and applicants.
It is available free at the office or here as a PDF.
A Study of Smoke Free Rental Housing in the Portland Metro Area
SMOKE-FREE RENTAL HOUSING STUDY
IN THE PORTLAND METROPOLITAN AREA prepared by Campbell DeLong Resources for the American Lung Association of Oregon,
The Multnomah County Health Department, the Clark County Public Health outlines attitudes of renters in the Metro area to smoking.
The results show that the vast majority of tenants (4 out of 5) would prefer to live in smoke-free housing.
So it makes sense to consider making your apartments smoke-free.
FHCO Fair Housing Council of Oregon No Smoking Policy
“Property owners and managers should know that they have every right under Fair Housing laws
to restrict smoking in and on their property. Smoking is not a protected class;
neither smokers nor the act of smoking is included as a protected class under federal,
state, or local Fair Housing laws.”
Pegge McGuire, Executive Director, Fair Housing Council of Oregon
HousingConnections.Org Free Internet Property Listings for Rentals
Landlords: Sign up your building as a smokefree property! at Housing Connections.ORG
Learn more
Tenants: Search for smokefree rental properties in the Portland-Vancouver area at HousingConnections.ORG
Click here !
Article on Smoke Free Housing by Portland-Vancouver Metro Area Smokefree Housing Project
Landlords: have you been thinking about a nosmoking policy for your rental properties?
Local landlords have two new resources to help create a no-smoking policy: a website,
www.smokefreeoregon.com/housing and a how-to booklet, "
A Landlord's Guide to No-Smoking Policies."
The booklet can be ordered from the website. The resources were developed by the American Lung
Association of Oregon and the Multnomah County Health Department, in partnership with Clark County
Public Health.
"We are so excited to offer these new tools for local landlords. Smoke-free housing is a win-win for
landlords and tenants," says Diane Laughter of the American Lung Association of Oregon. "It's great for
business, but also for health."
The website and how-to booklet offer practical tools, like sample lease language,
enforcement tips, and handouts for your tenants.
You can also order free "No Smoking" signs on the website.
"Landlords have a lot to gain from no-smoking rules: less painting, less expensive turnovers, reduced
fire hazard. Plus, tenants will be healthier because they won't have to breathe secondhand smoke where they
live," says Kylie Meiner of Multnomah County Health Department. "There is a strong market demand for
smoke-free housing."
In fact, a 2006 market survey found that 75% of renters in the Portland-Vancouver metro area would
prefer to live in a building with a no-smoking rule.
Smoke-free living is an attractive amenity that can giveyou a marketing edge, while at the same time protecting
your property from damage, fires, and excessive turnover costs.
"We get so many calls from tenants seeking smoke-free housing that we decided to do a market
survey in the summer of 2006. We found an overwhelming demand for smoke-free living, while at the
same time, we learned that over a third of renters in multi-unit housing are regularly exposed to secondhand
smoke," says Theresa Cross of Clark County Public Health. "We are working together as the Portland-
Vancouver Metro Area Smoke-free Housing Project to work with landlords to adopt no-smoking policies." The
market survey results can be found on the www.smokefreeoregon.com/housing website.
"The findings plainly indicate that, by being an early implementer of smoke-free policies, a property
management company could earn a reputation in the market for doing a better job of recognizing and offering
the amenities that tenants want, while at the same time ensuring higher retained earnings as a result of lower
maintenance and related costs," says John Campbell who conducted the market survey.
Many landlords are surprised to learn that it is legal to have a no-smoking policy. But it is not discrimination, and there
is no right to smoke. Smokers are not a protected class.
No-smoking policies are not "no smoker policies." Smokers just have to smoke outside-which many
already choose to do. While 19% of renters smoke daily, only 11% smoke inside.
"Property owners and managers should know that they have every right under Fair Housing laws to restrict
smoking in and on their property. Smoking is not a protected class; neither smokers nor the act of smoking is
included as a protected class under federal, state, or local Fair Housing laws," states Pegge McGuire, Executive
Director of the Fair Housing Council of Oregon.
Some landlords wonder if they would be required to allow smokers to continue smoking as a
Reasonable Accommodation. In fact, it is much more likely that
nonsmokers will request Reasonable Accommodations or start a lawsuit because of health problems caused by
secondhand smoke.
There are many conditions, such as chronic respiratory diseases, heart disease, cancer,
asthma, Multiple Chemical Sensitivity, and Environmental Illness that can be caused by and worsened by exposure
to secondhand smoke. A no-smoking policy is a good way to avoid any potential liability.
A no-smoking rule will also decrease your risk of fires. Smoking is the leading cause of residential fire
deaths in Oregon and Washington, and smoking-related fires cause more expensive property damage than most
other types of fires. By prohibiting smoking, you will be removing the source of these fires. This will keep your
property-and your tenants' lives-safe and sound.
Smokefree properties may even be eligible for insurance policy discounts; ask your broker.
The website and how-to booklet will guide you through the process of creating and announcing your
policy, marketing your smoke-free properties, and getting compliance from your tenants. You will also find answers
to "frequently asked questions" and information about secondhand smoke, as well as many links to additional
resources and articles.
You can also find a link to www.housingconnections.org which will allow you to
market your smoke-free vacancies. Prohibiting smoking at your rental properties is legal, saves you money, and is attractive to tenants.
If you would like more information, please visit the website:
www.smokefreeoregon.com/housing
If you would like to speak to someone, and you are in Multnomah County, call
The Multnomah County Health Department at 503-988-4163.
For other areas of Oregon, please contact:
The American Lung Association of Oregon at 503-924-4094 ext 23.
If you are in SW Washington state please contact:
Clark County Public Health at 360-397-8000 ext. 7378.
|
,
Questions? E-mail us at: