Fall River Public Housing No Smoking Policy set to begin

The U.S. Department of Housing and Urban Development (HUD) requires each public housing agency that administers public housing programs to “implement a ‘smoke-free’ policy banning the use of prohibited tobacco products in all public housing living units, indoor common areas in public housing, and in PHA administrative office buildings. The smoke-free policy must also extend to all outdoor areas up to 25 feet from the public housing and administrative office buildings.

Because of this, the Fall River Housing Authority (FRHA) has established a Smoke-Free Housing Policy. As of November 1, 2017, FRHA tenants, household members, guests, visitors, service providers, vendors, contractors and employees will be required to adhere to the Smoke-Free Policy.

Here is an explanation and the infraction policy per Fall River Housing Authority:

Specifically, the purpose of this policy is:

1. To Mitigate Irritation and Known Health Effects of Secondhand Smoke for Tenants, Guests, Visitors, Contract Workers and FRHA Employees. There is evidence that exposure to smoke, direct or secondhand, causes adverse health conditions including, but not limited to, respiratory illnesses, cardiovascular disease, like stroke and coronary heart disease, cancer, and asthma;

2. To Decrease the Risk of Fires and Fire-related Deaths from Smoking. Smoking is a primary cause of home fire deaths;

3. To Reduce Maintenance and Cleaning Costs Resulting from Smoking. When apartments are vacated by smokers, there are additional costs incurred for turnover due to stains, residues and odors caused by cigarettes. These added costs can include additional treatment of walls and ceilings to cover smoke stains, additional painting, replacing carpeting, flooring, blinds and cleaning of ducts and fans and appliances; and

4. To Protect Property from Damage. Protection of property from fires, odor or stain damage ensures the greatest availability of housing units. It is understood and acknowledged by the parties that this Smoke-Free Policy shall not be used to disqualify any applicant to any FRHA program or tenant of the FRHA.

“Smoking” means inhaling, exhaling, breathing, burning or carrying any lit cigarette, cigar, pipe or other
tobacco product or similarly lighted smoking material, including marijuana, in any manner, form or
derivative.

Effective November 1, 2017, all dwelling units and any interior common areas including but not limited to community bathrooms, lobbies, community rooms, laundry rooms, hallways, stairwells, elevators, management/administrative offices, electrical closets, storage units, maintenance garages, childcare centers, and entryways shall be designated as smoke-free. To prevent secondhand smoke from entering open windows or doors, this smoke-free policy also extends to all outdoor areas within 25 feet of FRHA housing and administrative buildings, including but not limited to patios, balconies, stairways and attached structures.

This policy not only applies to FRHA tenants, but also guests, visitors, visiting nurses, home health aides, vendors, contractors, other service providers and FRHA employees.

The FRHA shall give a Tenant four (4) opportunities to remedy non-compliance with the Smoke-Free Policy. The following is an outline of the enforcement procedure, which is not meant to be exclusive description of enforcement steps and is subject to change in general or for specific cases:

STEP MANAGEMENT ACTION
1st Infraction Management shall issue a written Notice of Non-Compliance to the Tenant that will remind the Tenant of the Smoke-Free Policy and their obligation to comply with said policy in accordance with their Lease Agreement.

2nd Infraction Management shall issue a Second Notice of Non-Compliance in writing to the Tenant along with a copy of this policy, citing potential consequences for future violations of their Lease Agreement.

3rd Infraction Management shall schedule a Private Conference with the Tenant.

4th Infraction Management shall refer to FRHA legal counsel for lease enforcement. Once a Tenant has incurred a fourth violation, the matter will be treated as a breach of the public housing Lease Agreement. Legal action may be taken for violation of the Smoke-Free Policy. Where feasible, legal action may be resolved or avoided by written agreement to comply. At each stage in the enforcement procedure, FRHA staff will seek to remind non-compliant tenants about the opportunity to participate in a smoking cessation programs, although this reminder shall not be a prerequisite to enforcement.