Smoke-Free Policy

Effective May 1, 2018, the Housing Authority of Darlington will be smoke-free. 

This policy prohibits smoking and the use of all prohibited tobacco products:

• In all public housing living units
• In all public housing interior areas, including but not limited to hallways, electrical closets, storage units, rental and administrative offices, community centers, daycare centers, laundry centers, and similar structures
• In all outdoor areas within twenty-five (25) feet of DHA building(s) including entryways, porches, balconies, and patios, or DHA property boundary in situations where the boundary is less than twenty-five (25) feet from the DHA-owned building(s)

Adopted by the PHA Board of Commissioners
Resolution No: 2018-1
Date of Adoption: April 17, 2018
Effective Date of Implementation: May 1, 2018

Smoke-Free Public Housing Policy

Purpose

The Housing Authority of Darlington (hereinafter referred to as PHA) is dedicated to protecting the health and safety of its residents. In recognition that direct exposure to smoke or involuntary exposure to secondhand smoke can cause respiratory illness, heart disease, asthma, cancer, and/or other adverse health effects and to reduce the risk of fires and maintenance costs, the PHA has implemented and adopted the Smoke-Free in Public Housing Policy (hereinafter referred to as Policy).

This Policy is in compliance with 504 of the Rehabilitative Act of 1973, Title II of the Americans with Disabilities Act (ADA), Fair Housing Act, the Department of Housing and Urban Development (HUD) registers and notices, Title 24 of the Code of Federal Regulations, the Admissions and Continued Occupancy Plan (ACOP), and State and local laws.

Effective Date

Effective May 1, 2018, the Housing Authority of Darlington adopts this Smoke-Free Public Housing Policy.

Smoke-Free Living Environment

This Policy prohibits smoking and the use of all prohibited tobacco products:

• In all public housing living units
• In all public housing interior areas, including but not limited to hallways, electrical closets, storage units, rental and administrative offices, community centers, daycare centers, laundry centers, and similar structures
• In all outdoor areas within twenty-five (25) feet of PHA building(s) including entryways, porches, balconies, and patios, or to the PHA's property boundary in situations where the boundary is less than twenty-five (25) feet from the PHA-owned building(s).

The PHA is not prohibiting smoking by residents, rather the PHA is prohibiting smoking inside public housing living units and indoor common areas, public housing administrative office buildings, public housing community rooms or common facilities, public housing day care centers, and laundry rooms, in outdoor areas within twenty-five (25) feet of the housing and administrative office buildings and in other areas designated as restricted areas.

Applicability

New Admissions
All new admissions signing a lease on, or after, the effective date of this Policy, are subject to all provisions herein.

Existing Residents
Residents and members of a resident's household under lease prior to the effective date of the Policy are exempt from the prohibition of the use of prohibited tobacco products within the confines of their personal living unit until the effective date of the lease revision. Tenants subject to this exemption are prohibited from using prohibited tobacco products in other smoke-free areas.

Existing tenants are required to sign the Smoke-Free Lease Revision within sixty (60) days of notification of the effective date of this Policy. Upon lease signing, the household is subject to all provisions of this Smoke-Free Public Housing Policy. Tenants who are not willing to live on a smoke-free property should complete and submit a Notice to Vacate form prior to the expiration of the sixty (60) day notification of lease revision.

Tenants who fail to sign the Smoke-Free Lease Revision after the sixty (60) day notification will be subject to lease termination as allowed by the Tenant Obligation section of the existing dwelling lease.

Visitors and Guests

This Policy applies to all resident visitors. Guests or other persons under the resident's control while on PHA-owned properties. Visitors, guests, or other persons under the resident's control must not engage in any smoking of specified prohibited tobacco products (including other lighted smoking devices used for burning tobacco or any other plant) in restricted areas or in other outdoor areas that the PHA has designated as smoke-free. Residents and members of the resident's household must not allow visitors, guests, and other persons under their control to violate this Policy.

PHA Staff

This Policy applies to all PHA staff and contractors while on PHA-owned properties.

Definitions

• Designated Smoking Areas: Areas or structures outside of the required twenty-five (25) foot perimeter designated by the PHA where prohibited tobacco products are allowed.
• PHA Designated Smoking Areas: The PHA has not designated any area on PHA-Property as a designated smoking area. Smoking is prohibited on all PHA-owned property.
• Interior Common Areas: Areas which include but are not limited to hallways, rental and administrative offices, community centers, daycare centers, laundry centers and similar structures.
• Prohibited Tobacco Products: "Prohibited Tobacco Products" are defined as items that involve the ignition and burning of tobacco leaves, such as (but not limited to) cigarettes, cigars, and pipes (including waterpipes or Hookahs).
• Other PHA Prohibited Tobacco Products: Other lighted smoking devices used for burning tobacco or any other plant.
• Public Housing: Low-income housing, such as community facilities, public housing offices, daycare centers, and laundry rooms assisted under the U.S. Housing Act of 1937 (the 1937 Act), other than assistance under section 8 of the 1937 Act.
• Smoke-Free Property: Any property, including interior and exterior areas, designated by the PHA as a Smoke-Free Property is subject to the provisions of the Smoke-Free Living Environment provisions listed above.

Reasonable Accommodations

Tenants who are persons with disabilities may request a Reasonable Accommodation in relation to the Smoke-Free Public Housing Policy, in accordance with the PHA's Reasonable Accommodation Policy.

The PHA will consider the request for reasonable accommodation on a case-by-case basis. Tenants must adhere to the Smoke-Free Public Housing Policy until such time that a reasonable accommodation is granted.

Note: The act of smoking itself is not a disability under the ADA. Per the Smoke-Free Public Housing Final Rule, December 5, 2016, HUD is not aware of any medical conditions for which smoking is considered legitimate, proven treatment; therefore, smoking will not be considered a reasonable accommodation for a disability. However, as an example of reasonable accommodations, the PHA may consider moving a tenant to the first floor or closer to an exit door and provide DSAs with an accessible walkway, cover, lighting, and/or seating.

PHA Responsibilities

• The PHA shall post No-Smoking signs at entrances to all buildings. The No-Smoking signs will be accessible to all residents and visitors (including persons with disabilities), in multiple languages identified in the Agency's Language Assistance Plan (LAP) and per Executive Order 13166 (Improving Access to Services for Persons with Limited English Proficiency), and available in other forms of communication including braille.
• The PHA will distribute a copy of this Policy and notice of intent to implement the Policy to each household at least thirty (30) days prior to the effective date of the Policy.
• The PHA will distribute a copy of the Smoke-Free Lese Revision and notice of the requirement that the tenant must sign the Smoke-Free Lease Revision to each household at least sixty (60) days prior to the effective date of the Smoke-Free Lease Revision. The notice shall contain the time frame within that period for acceptance of the Smoke-Free Lease Revision. This notice shall also state that failure to sign the
• Smoke-Free Lease Revision will result in lease termination and contain information regarding the Grievance Procedure and the Notice of Rights Under the Violence Against Women Act (VAWA).
• The PHA is responsible for the enforcement of this policy; however, the PHA does not assume any higher duty of care to enforce this Policy than any other PHA obligation under the Dwelling Lease.
• The PHA will ensure the Lease Revision and other occupancy policies are consistent with the provisions of this Policy.

Tenant Responsibilities

• Tenants and members of the tenant's household shall abide by this Policy and shall inform their visitors, guests, and other persons under the tenant's control of this Policy.
• Tenants and members of the tenant's household must not allow their visitors, guests, and other persons under the tenant's control to violate this Policy.
• Tenants are responsible for the actions of their household, their visitors, guests, and other people under the tenant's control.
• All smoking material, including matches, lighters, cigarette butts, and packaging, must be disposed of in a neat and safe manner. No person may throw these items or other smoking material on the ground.

Lease Enforcement

The PHA will enforce the Smoke-Free Public Housing Policy. The PHA will provide due process when enforcing the lease and allow residents to exercise their right to an informal settlement and a formal hearing.

Failure to adhere to any of the conditions of the Policy will constitute a lease violation and may result in enforcement actions up to and including eviction. In addition, the tenant will be responsible for all costs to remove smoke odor and/or residue upon any violation of this Policy as outlined in the Schedule of Maintenance and Other Charges in the Admission and Continues Occupancy Policy.

The PHA will not evict for a single incident of smoking in violation of the Policy. Lease violations of the Policy will be handled in a progressive manner as follows:

• 1st Violation:
  
  • A home visit will be conducted by the Property Manager. The Property Manager will issue a Verbal Warning referencing the section of the Dwelling Lease that has been violated.
  • The tenant will be provided with a copy of the Smoke-Free Public Housing Policy and cessation materials.
  • The tenant will be required to sign an Acknowledgement of Written Warning form which will be documented in the tenant file.
• 2nd Violation
  
  • The Property Manager will issue a Written Warning referencing the section of the Dwelling Lease that has been violated.
  • The tenant will be provided with a copy of the Smoke-Free Public Housing Policy and cessation materials.
  • The tenant will be required to sign an Acknowledgement of Written Warning form which will be documented in the tenant file.
• 3rd Violation
  
  • The tenant will be required to attend a private conference in the Management Office to review the terms of the Dwelling Lease and the Smoke-Free Public Housing Policy.
  • The Property Manager will issue a Second Written Warning and require the tenant to sign an Acknowledgement of the Second Written Warning form which will be documented in the tenant file.
• 4th Violation
  
  • A Notice to Vacate with the Option to Remedy will be issued in accordance with State Law.
  • Notice Must contain information regarding Grievance Procedures
  • Notice of Rights Under the Violence Against Women Act (VAWA)
• 5th Violation
  
  • A Notice to Vacate Without Option to Remedy will be issued in accordance with State Law.
  • Notice Must contain information regarding Grievance Procedures
  • Notice of Rights Under the Violence Against Women Act (VAWA)

PHA is Not a Guarantor of a Smoke-Free Environment

The PHA's adoption of a Smoke-Free Policy and the efforts to designate portions of the property as Smoke-Free does not make the PHA or any of its managing agents the guarantor of the tenant's health or of the smoke-free condition of the smoke-free portions of the property. The PHA will take reasonable steps to enforce the Smoke-Free Policy. The PHA is not required to take steps in response to the use of prohibited tobacco products unless the PHA has actual knowledge of the use of such products and the identity of the responsible tenant.

PHA Disclaimer

The PHA's adoption of a Smoke-Free Policy and the efforts to designate portions of the property as Smoke-Free do not in any way change the standard of care that the PHA has under applicable law to render the property any safer, more habitable, or improved in terms of air quality standards than any other rental premises. The PHA specifically disclaims any implied or express warranties that the property will have higher or improved air quality standards than any other rental property. The PHA cannot and does not warrant or promise that the property will be free from secondhand smoke. The PHA's ability to police, monitor, or enforce the Policy and Lease Revision is dependent in significant part on voluntary compliance by tenants and tenants' guests.

Tenants with respiratory ailments, allergies, or other conditions relating to smoke are put on notice that PHA does not assume any higher duty of care to enforce this Policy than any other PHA obligation under the lease agreement.