Utah Smoke-Free Apartment and Condominium Guide

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Secondhand Smoke & Multiple Dwellings
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"The thought of cancer-causing chemicals circulating throughout apartments and condominiums can be quite unsettling."

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Ventilation Issues
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Housing Laws
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Utah Second Hand Smoke Amendments
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Especially for Managers and Tenants
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Statewide Smoke-Free Apartment and Condominium Directory

Utah Libre de Humo de Cigarrillo. Guía de Condominios y Apartamentos - El Directorio estatal del estado de Utah

 
Educational Resources
Secondhand Smoke and Multiple Dwellings:
Secondhand smoke (SHS) is the third leading cause of preventable disease in the U.S. Approximately 50,000 individuals die each year as a result of SHS exposure. The smoking of neighbors poses a health threat to residents of apartments and condominium complexes. The thought of cancer-causing chemicals circulating throughout their apartments and condominiums can be quite unsettling. Secondhand smoke from one unit to another unit may seep through cracks, or travel by a shared ventilation system and enter into the living space of another. According to the 2006 Surgeon General’s Report, “ The Health Consequences of Involuntary Exposure to Tobacco Smoke", there is no risk-free level of exposure to secondhand smoke.1

What is Secondhand Smoke? To find out more go to:
http://www.tobaccofreeutah.org/ets.html

Health Effects of Secondhand Smoke on Children. 
Children exposed to secondhand smoke are at an increased risk for asthma and worsening of asthma symptoms, sudden infant death syndrome (SIDS), acute respiratory infections, ear problems, and more severe asthma.2 Smoking by parents causes respiratory symptoms and slows lung growth in their children. These effects can last a lifetime.3

In Utah, 22,100 or 2.8 percent of children (ages 0 –17) live in households where someone smokes inside the home. Of the children who live in rented homes, 5.1% (6,900 children) are exposed to secondhand smoke. Since 2001, the overall number of children exposed to secondhand smoke has decreased by 53%. The percentage of children exposed to secondhand smoke in rented homes decreased from 12.6% in 2001 to 5.1% in 2005. 4

To find out more go to:
http://www.abcs_of_ets.htm

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Ventilation Issues
Shared ventilation systems are a major concern for those living in apartment and condominiums

Consider these facts:
  • Commercial air filtering systems are designed to remove the odor, not the cancer-causing substances.
  • Shared ventilation systems can cause tobacco smoke to blow from one room to another.
  • Secondhand smoke can seep into and out of open windows and doorways.
  • Secondhand smoke lingers in a room long after the smoking has stopped.

The U.S. Surgeon General’s 2006 Report concludes that eliminating smoking in indoor places fully protects nonsmoker’s from exposure to secondhand smoke. Separating smokers from nonsmokers, cleaning the air and ventilating buildings cannot eliminate exposures of nonsmokers to secondhand smoke. 5

Research studies have found there is no safe level of exposure to secondhand smoke; even low levels of secondhand smoke can cause illness or even death. Blowing smoke away from children, going into another room to smoke, or opening a window may help reduce children’s exposure, but will not protect them from the dangers of secondhand smoke. Air filters and air purifiers will remove some particles from the air, however, they cannot remove the particles that have settled on walls, carpets, etc. The American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), the preeminent U.S. body on ventilation issues, has concluded that ventilation technology cannot be relied on to control health risks from secondhand smoke exposure. At present, the only means of effectively eliminating health risk associated with indoor exposure is to ban smoking activity. 6

For additional information on ventilation issues and research studies visit American
for Nonsmokers’ Rights at:  http://www.no-smoke.org/getthefacts.php?dp=d20

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Housing Laws
The right of nonsmokers to be free from exposure to secondhand smoke is protected by both legislation and judicial law. There are federal, state, and local laws protecting nonsmokers. Many judicial rulings have applied general laws relating to the workplace, housing and even prisons to protect nonsmokers. Although many of these court rulings will not provide a direct legal precedent for nonsmokers, they may provide some ideas for a legal strategy to pursue.7

It is legal for managers and landlords to make rental units smokefree.

  • Smokers are not considered a protected group under anti-discrimination laws.
  • Smoking is not considered a “constitutional right”. Therefore a building manager or
    landlord has the right to restrict smoking in the building, just as he/she chooses to not allow pets.
  • In federally subsidized housing, one cannot refuse to rent to a smoker, but can prohibit
    smoking in the unit. The policy is acceptable only if it targets the behavior, not the smoker. That is, smokers can rent, but are not allowed to smoke in the building.
  • Smoke-free housing is permitted under Utah law. See
    Utah Second Hand Smoke Amendments

Federal Fair Housing Act (1988)
The federal Fair Housing Act (FHA) prohibits discrimination based on race, color, religion, sex, family status, national origin, or disability. The FHA prohibits discrimination against people with disabilities, including those with severe breathing problems. The FHA prohibits such discrimination by owners and operators of most housing, including apartments and Section 8 and other HUD assisted housing. For more information link to:
http://www.usdoj.gov/crt/housing/title/8.htm

HUD (Housing and Urban Development) According to HUD, managers and owners can prohibit smoking and make common areas and units smokefree. HUD’s legal Counsel letter of July 2003 states that apartment owners are free under federal law to make their buildings totally smokefree, so as long as they grandfather current residents who are smokers. For more information on HUD Housing in Utah, please contact:

Salt Lake City Field Office
Department on Housing and Urban Development
125 S State Street, Suite 3001
Salt Lake City, Utah 84138
(801) 524-6070
For more information go to:
http://www.hud.gov/local/index.cfm?state=ut

In order to help landlords make more educated decisions about smoking policies in their buildings, the Smoke-Free Environments Law Project (in Michigan) requested information from the Housing & Urban Development (HUD) field office in Detroit about this issue. For more information on the HUD Legal Counsel opinion, link on:
http://www.mismokefreeapartment.org/hudletter.pdf

American with Disabilities Act. Non-smokers with serious breathing disabilities have legal protection under the American with Disabilities Act (ADA). Under these laws people with disabilities have the right to reasonable accommodations. To find out more go to:  http://www.usdoj.gov/crt/ada/adahom.htm


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Utah’s Secondhand Smoke Amendments (SHSA)

In 1997, the State of Utah enacted amendments, which establishes smoking as a nuisance under the law, and gives apartment and condominiums the authority to prohibit smoking in units, common areas or on the premises. For complete information on Utah’s Secondhand Smoke Amendments go to:
http://www.tobaccofreeutah.org/sechndsmokeam.html


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Managers/Tenants

Information for Managers/Owners/Landlords
This web page provides managers/owners/landlords helpful information on SHS in apartments and condominium complexes and useful tools to implement a smoke-free policy.  To view this section go to:
http://www.tobaccofreeutah.org/aptcondoguide-lom.htm

Information for Tenants
This website provides tenants helpful information on SHS in apartments and condominium complexes and useful tools that will help your exposure to SHS.  To view this section go to:
http://www.tobaccofreeutah.org/aptcondoguide-ten.htm

Utah’s Secondhand Smoke Policy Implementation Guide

The purpose of this guide is to serve as a resource for local health departments, community agencies, and other tobacco prevention partners interested in implementing secondhand smoke policies at the local level. As a manger or landlord, this guide specifically addresses secondhand smoke policy in multiple dwelling units and provides helpful information in creating a smoke-free environment. For complete details go to:
http://www.tobaccofreeutah.org/shsguide.html

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Utah Smoke-free Apartment and Condominium Statewide Directory


Managers and owners list your property(ies) in the Utah Smoke-Free Housing Directory

The statewide directory is a listing of rental properties that provide smokefree housing in the State of Utah. This listing is provided as a free service to managers, owners and renters. Managers or owners who are interested in listing your property can go to:
http://www.tobaccofreeutah.org/aptcondoapp.pdf


Prospective tenants or condominium owners

Go to the links below to see properties in Utah that are smokefree.

English- http://www.tobaccofreeutah.org/aptcondoguide-dir.htm

Español- http://www.tobaccofreeutah.org/aptcondoguide-dirsp.htm


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Educational Resources

Secondhand Smoke- Protect Your Family (flyer)
http://www.tobaccofreeutah.org/comcenterflyer.pdf (PDF 78 KB)

Secondhand Smoke in Apartments and Condominiums: A Guide for Managers and Owners
http://www.tobaccofreeutah.org/shsaptmgr-ownerguide.pdf (PDF 90KB)
Smoke-free Housing in Utah, April 2006
http://www.tobaccofreeutah.org/sfaptguidenewsletter-april2006.pdf (PDF 181KB)

Secondhand Smoke Guidance for Apartments and Condominiums
http://www.tobaccofreeutah.org/aptcondonewsletter-apr 2005
(PDF 180KB)

Secondhand Smoke in Apartments and Condominiums: A Guide for Residents
http://www.tobaccofreeutah.org/shstenantguide.pdf
(PDF 123 KB)

   
ESPAÑOL
Humo De Segunda Mano Guía Para Apartmentos Y Condominios
http://www.tobaccofreeutah.org/Apts_condos_newsletter_Spanish (PDF  339KB)

Humo de Segunda Mano Proteja a su Familia
http://tobaccofreeutah.org/shsflyer-espanol
(PDF 62 KB)

 

Disclaimer- Uah Smoke-free Apartment and Condominium Statewide Directory
Rental properties and condominium smokefree status is based on submission by landlords, property managers, and/or owners.  Information supplied to readers is limited to the status of specific properties according to those submitting information.  Listing in this guide is not a warranty or guarantee of other housing-related issues and concerns.  Information is subject to change without notice.  Readers are encouraged to verify the smoke-free status of properties listed and to consult with a legal advisor, if they have questions, prior to entering into a contract or lease.
 

References

1. US Department of Health and Human Services. (2006) The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. Washington, DC: Department of Health and Human Services
2. Jonathan M. Samet, Risk Assessment and Child Health, 113 Pediatrics 952, (2004).
3. US Department of Health and Human Services. (2006) The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. Washington, DC: Department of Health and Human Services
4. 2005 Utah Department of Health. Utah Health Status Survey, 2001-2005. Salt Lake City: Utah Department of Health. Center for Health Data
5. US Department of Health and Human Services. (2006) The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. Washington, DC: Department of Health and Human Services
6. ASHRAE Report (Environmental Tobacco Smoke, Positional Document, Approved by ASHRAE Board of Directors, June 30, 2005).
7. Americans for Nonsmoker's Rigts (2003), January 1. Rights of Non-smokers. Retrieved on February 27, 2007, from http://www.no-smoke.org/htmlpage.php?id=29