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No Smoking Policy

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In Notice PIH-2006-21, Public Housing Authorities across the nation have been strongly encouraged by the Department of Housing and Urban Development (HUD) to develop No-Smoking Policies in Public Housing. Definition - Smoking is defined as inhaling, exhaling, breathing, or carrying any lighted cigar, cigarette, pipe, or other tobacco product or similar lighted product in any manner or form, including hookah water pipes. The following facts are well established concerning smoking and/or secondhand smoke:'

  • Smoking or exposure to secondhand smoke (sometimes called environmental tobacco smoke causes premature death from respiratory disease, cancer or heart disease
  • Smoking is the number one cause of preventable disease in the United States
  • According to the EPA, secondhand smoke exposure causes disease and premature death in children and adults who do not smoke
  • People with chronic diseases such as asthma or cardiovascular disease are particularly vulnerable to the effects of secondhand smoke
  • Secondhand smoke lingers in the air for hours after cigarettes have been extinguished and can migrate between units in multifamily buildings
  • Fires started by lighted tobacco products, principally cigarettes, constitute the leading cause of residential fire deaths
  • Turnover costs for apartments vacated by heavy smokers are, on average, 6 times more expensive than apartments vacated by non-smokers (HUD Ecowise Newsletter)

Non-Smoking Policy - Due to the health effects of secondhand smoke, the increased risk of fire, and the increased maintenance costs, the Niceville Housing Authority (Landlord) has adopted a No-Smoking Policy which prohibits smoking on ALL property owned by the Landlord. * This policy applies to all residents, guests, visitors, service personnel, and employees. Resident shall promptly notify Landlord in writing of any incident where tobacco smoke is migrating into resident's apartment from sources outside apartment.

*Addendum February 2017 - residents, guests, service personnel and employees must be a minimum twenty five feet from any building owned by the landlord in order to smoke.

Lease Violations - Residents are responsible for the actions of their household members, guests, and visitors. Visual observation of smoking is not necessary to substantiate a violation of the No-Smoking Policy. For example, the presence of smoke, tobacco smoke odor, or smoke stains within an apartment in combination with butts, ashtrays, or other smoking paraphernalia will be considered significant evidence of a Policy violation.

Failure to adhere to the conditions of the No-Smoking Policy will constitute a serious violation of the Lease. Violations of the Policy will result in the following:

  • 1st Occurrence - The first documented occurrence will result in a letter to the Head of Household concerning the failure to adhere to the policy.
  • 2nd Occurrence - The second documented occurrence will result in a fine of $150 being assessed against the resident to cover the cost of fumigating, repairing, or correcting damage caused by tobacco smoke.
  • 3rd Occurrence - The third documented occurrence will result in termination of the lease.

Landlord Disclaimer - The Landlord's adoption of a No-Smoking policy does not in any way change the standard of care that the Landlord has under applicable law to render the property safer, more habitable or improved in terms of air quality standards. Landlord cannot and does not warranty or promise that the property will be free from secondhand smoke. Resident acknowledges that Landlord's ability to police, monitor or enforce the No-Smoking Policy is dependent in significant part on voluntary compliance by residents and resident's guests. However, Landlord will take reasonable steps to enforce the No-Smoking Policy. Residents with respiratory ailments, allergies, or any other physical or mental condition relating to smoke are put on notice that Landlord does not assume any higher duty of care to enforce this Policy than any other Landlord obligation under the Lease.

Effect on Current Residents - Current residents living at the Niceville Housing Authority will be subject to the No-Smoking Policy on November 15, 2013. New residents will be subject to the No Smoking Policy immediately.

Smoking Cessation Support - The following resources can be utilized to assist in smoking cessation: