Smoke-Free Housing Policy

PURPOSE
The Hollywood Housing Authority (hereinafter referred as HHA) is dedicated to protect 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 cost, the HHA has implemented and adopted the Smoke-Free in Public Housing Policy (hereinafter referred as Policy).

This Policy is in compliance with 504 of the Rehabilitation 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 Hollywood Housing Authority 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, day care centers, laundry centers, and similar structures
• In all outdoor areas within 25 feet of HHA building(s) including entry ways, porches, balconies and patios, or to the HHA's property boundary in situations where the boundary is less than 25 feet from the HHA-owned building(s).
• At playgrounds, picnic areas, mail stations and other exterior common areas (and within 25 feet of these locations)
• In administrative/office buildings and maintenance buildings
• In any HHA owned, leased or operated vehicle

The HHA is not prohibiting smoking by residents, rather the HHA is prohibiting smoking inside public housing living units and indoor common areas, public housing administrative office building, public housing community rooms or community facilities, public housing day care centers and laundry rooms, in outdoor areas within 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 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 in a smoke-free property should complete and submit a Notice to Vacate form prior to the expiration of the 60-day notification of lease revision.

Tenants who fail to sign the Smoke-Free Lease Revision after the 60-day notification will be subject to lease termination as allowed by Section XI. Tenant's Obligations (Z2) of existing dwelling lease.

Visitors and Guests
This Policy applies to all resident's visitors, guest or other persons under the resident's control while on HHA-owned properties. Visitors, guest or other persons under the resident's control must not engage in any smoking of specified prohibited tobacco products (including Electronic Nicotine Delivery Systems (ENDS) products and other lighted smoking devices used for burning tobacco or any other plant) in restricted areas or in other outdoor areas that the HHA 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.

HHA Staff
This Policy applies to all HHA staff and contactors while on HHA-owned properties.

DEFINITIONS
Designated Smoking Areas: Areas or structures outside of the required 25 feet perimeter designated by the HHA where prohibited tobacco products are allowed.

Interior Common Areas: Areas which include but are not limited to hallways, rental and administrative offices, community centers, day care centers, laundry centers and similar structures.

Prohibited Tobacco Products: "Prohibited tobacco products" are defined as items that involves the ignition and burning of tobacco leaves, such as (but not limited to) cigarettes, cigars, and pipes, including waterpipes (hookahs).

Other HHA Prohibited Tobacco Products:

• Electronic Nicotine Delivery Systems (ENDS), also known as e-cigs;
• Other lighted smoking devices used for burning tobacco or any other plant.

Public Housing: Low-income housing, such as, community facilities, public housing offices, day care 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 HHA 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 HHA's Reasonable Accommodation Policy.

The HHA will consider the request for a reasonable accommodation on a case-by-case basis. Tenants must adhere to the Smoke-Free Public Housing Policy until such time 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 a legitimate, proven treatment; therefore, smoking will not be considered a reasonable accommodation for a disability. However, as an example as a reasonable accommodation, the HHA may consider moving a tenant to the first floor or closer to an exit door.

HHA RESPONSIBILITIES
The HHA 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 as per Executive Order 13166 (Improving Access to Services for Persons with Limited English Proficiency), and available in other forms of communication including braille, Spanish and Creole.

The HHA will distribute a copy of this Policy and notice of the intent to implement the Policy to each household at least 30 days prior to the effective date of the Policy.

The HHA will distribute a copy of the Smoke-Free Lease Revision and notice of requirement that tenant must sign the Smoke-Free Lease Revision to each household at least 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. The notice shall also state that failure to sign the Smoke-Free Lease Revision will result in lease termination and contain information regarding Grievance Procedure and the Notice of Rights Under Violence Against Women Act (VAWA).

The HHA is responsible for the enforcement of this policy; however, the HHA does not assume any higher duty of care to enforce this Policy than any other HHA obligation under the Dwelling Lease.

The HHA 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 the Policy.

Tenants and members of the tenant's household must not allow 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 persons 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 HHA will enforce the Smoke-Free Public Housing Policy. The HHA 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, tenant will be responsible for all costs to remove smoke odor and/or residue upon any violation of this Policy as outline in the Schedule of Maintenance and Other Charges in the Admissions and Continued Occupancy Policy.

The HHA 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 Executive Director. The Executive Director will issue a Verbal Warning referencing the section of the Dwelling Lease that has been violated.
  • Tenant will be provided a copy of the Smoke-Free Public Housing Policy and cessation materials.
  • Tenant will be required to sign an Acknowledgement of Verbal Warning form which will be documented in the tenant file.
• 2nd Violation:
  • The Executive Director will issue a Written Warning referencing the section of the Dwelling Lease that has been violated.
  • Tenant will be provided a copy of the Smoke-Free Public Housing Policy and cessation materials.
  • Tenant will be required to sign an Acknowledgement of Written Warning form which will be documented in the tenant file.
• 3rd Violation:
  • 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 Executive Director will issue a Second Written Warning and require the tenant to sign an Acknowledgement of Second Written Warning form which will be documented in the tenant file.
• 4th Violation:
  • A Notice to Vacate with Option to Remedy will be issued in accordance with State law.
    • Notice must contain information regarding Grievance Procedures
    • Notice of Rights Under 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 Procedure
    • Notice of Rights Under Violence Against Women Act (VAWA)

HHA NOT A GUARANTOR OF SMOKE-FREE ENVIRONMENT
The HHA's adoption of a Smoke-Free Policy and the efforts to designate portions of the Property as smoke-free do not make the HHA or any of its managing agents the guarantor of tenant's health or of the smoke-free condition of the smoke-free portions of the Property. The HHA will take reasonable steps to enforce the Smoke-Free Policy. The HHA is not required to take steps in response to the use of prohibited tobacco products unless the HHA has actual knowledge of the use of such products and the identity of the responsible tenant.

HHA DISCLAIMER
The adoption of a non-smoking living environment and the efforts to designate portions of the Property as smoke-free does not in any way change the standard of care that the HHA 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 HHA specifically disclaims any implied or express warranties that the Property will have any higher or improved air quality standards than any other rental property. The HHA cannot and does not warranty or promise that the Property will be free from secondhand smoke. The HHA's ability to police, monitor or enforce this Policy and Lease Revision is dependent in significant part on voluntary compliance by tenants and tenants' guests.

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