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Home is Where the Health Is
HUD’s Proposed Rule Restricting Smoking in Public Housing
December 14, 2015
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Tobacco Control Legal Consortium
A"orneys suppor,ng tobacco control policy change.
Moderator
Darlene Huang Staff A"orney Public Health Law Center
Agenda
• Smoke-‐Free Housing Movement • Overview of HUD’s Proposed Rule • Implementa,on of Policies • SubmiLng Comments • Q & A
Smoke-Free Housing Movement
• Clean air movement
• Harms of secondhand smoke
• Good for health
• Good for business
• It’s legal
Americans for Nonsmokers’ Rights
Presenters
• Tara Radosevich U.S. Department of Housing and Urban
Development (HUD)
• Kara Skahen Associa,on for Nonsmokers-‐MN
• Mike Freiberg Public Health Law Center
Tara Radosevich
Special Assistant Office of the Assistant Secretary for Public and Indian Housing, HUD
Kara Skahen
Program Director Live Smoke Free, Associa,on for Nonsmokers-‐MN
Mike Freiberg
Staff A"orney Tobacco Control Legal Consor,um, Public Health Law Center
Overview of HUD’s Proposed Smoke-free Public Housing RuleTara J. RadosevichOffice of Public and Indian HousingU.S. Department of Housing and Urban Development
Accessing the Proposed Rule • The PR and the Regulatory Impact Analysis were published on 11/17/15 on regulations.gov
• There’s a 60-day comment period for the PR with comments due on 1/19/16
• Link: http://www.regulations.gov/#!docketDetail;D=HUD-2015-0101
Basic Requirements • Prohibits smoking of lit tobacco products in all indoor areas
of public housing properties, including administrative buildings.
• Applies to all housing types, including single family.
• Benefits identified in rule include improved IAQ, health benefits to residents and staff, reduced fire risk, and lower maintenance costs.
• Prohibition would extend to outdoor areas up to 25 ft. from buildings.
• Public housing authorities (PHAs) could add further restrictions (e.g., buffer around playgrounds, property-wide ban).
Basic Requirements (2) • PHAs required to document policies in their annual plans
(includes plans for resident engagement, public meetings).
• The prohibition would be written into tenants’ leases either through an amendment or at the annual lease renewal.
• Requirement would become effective 18 months after publication of the final rule.
• PR does NOT cover: • Public housing units in mixed finance developments • Privately owned, federally subsidized multifamily housing (i.e.,
referred to as Project-based Section 8 housing)
Questions Soliciting Comment in the PR • For PHAs: possible implementation barriers?....estimates on
costs of enforcement? • Does the PR adequately address the adverse effects of
smoking and SHS exposure on residents? • What are burdens, costs, or benefits to specific families,
children, persons with disabilities, owners, or the elderly? Impact of eviction?
• For PHAs that have implemented SF policies: • What exceptions to the policy have been granted based on tenants’
requests? • What experiences, lessons, or advice can you provide on implementation
or enforcement? • What cessation services did you offer residents?...did you partner with
outside organizations for this?
Questions Soliciting Comment in the PR (2) • Are there particular areas of support that HUD could
provide that would be particularly helpful for implementation?
• Should the policy cover electronic nicotine delivery systems?
• Should the policy cover water pipes? Do these increase the risk of fire or property damage?
Snapshot of Public Housing Residents Characteristic
Public Housing Residents (2014/15)
Comparison
Total Population
~ 2 Million
N/A
African American
45% (head of household)
13.2% of U.S.
Population Hispanic
25% (head of household)
17.4% of U.S.
population < 18 yrs old 37% 23.1% Income
95% of households are low to extremely low income
N/A (relative to local area median income)
19
Prevalence of Public Housing Households with a Smoker (American Housing Survey, 2011)
Household Characteristic % With a Smoker
All households 25
With 1 or more children (< 18 yrs.) 25
With 1 or more seniors (65+) 10 With a disabled person 29 Householder: in excellent health 22
Householder: in poor health 35 Householder: difficulty walking or climbing stairs 30
Householder: difficulty remembering or concentrating 42
20
Voluntary Adoption of SF Policies by PHAs • The estimate at the end of FY15 (no official reporting requirement) is that ~ 20% of PHAs (612 of 3058) have adopted SF policies in at least some of the properties that they manage, covering ~ 228,000 housing units
Implementation of Smoke-Free Housing Policies
December 14, 2015
Kara Skahen MSW, MPP Program Director
Benefits
Smoke-Free Housing Policies: • Reduce smoking-related fires. • Protect housing investments. • Encourage people who smoke to reduce their consumption or quit. • Save money for residents, property owners and taxpayers.
• Smoke-free subsidized housing would save $521 million a year. (Centers for Disease Control and Prevention, 2013)
• Promote equity: • Protect priority populations from second and third-hand smoke exposure. • Everyone deserves a healthy, clean, safe place to call home.
What Makes for a Good Policy?
• Written in a lease or house rules.
• Clearly defines policy details, coverage area, and to who the policy applies.
• 100% of indoors are covered (outdoor areas are a plus!)
• No permanent grandfathering.
• Includes information on enforcement.
• Consequences for violations are defined.
Getting Started
Reflect on the current situation -What is the current culture around smoking? -What rules currently exist on site? -What benefits and challenges do you anticipate?
Research -Are there colleagues who can share their experiences? -What local smoke-free laws exist? -What does HUD recommend for implementation?
Look For Community Partners -Which programs exist locally or nationally for support?
Preparing for a Policy
1) Engage residents and staff. -Conduct a survey -Organize resident meetings -Speak to the Resident Council -Educate
2) Determine policy details and enforcement steps.
3) Create a time line.
Preparing for a Policy
4) Obtain Board approval. -Public comment process
5) Notify residents. -Formal written notice -Resident meetings
6) Amend the PHA plan.
7) Schedule lease or House Rules signings. – During lease renewal or the recertification process
Ready to Implement
• Prepare – Onsite staff and resident services – Notify Legal Aide
• Offer cessation resources – Linkages to services – On-site meetings
• Install permanent signage
• Distribute reminders • Celebrate!
Enforcement
• Stay committed.
• Encourage residents and staff to notify management of infractions.
• Follow up with infractions promptly and uniformly.
• Enforce the same as any other policy.
Tips for Success
• Give ample notice.
• Prepare everyone.
• Focus on vulnerable populations.
• Utilize culturally-appropriate messaging.
• Be positive and compassionate.
• Partner with community organizations.
Cessation Resources
• Contact your local: • Public health department • Health clinic • American Lung Association
• National Network of Tobacco Cessation Quitlines – 1-800-QUIT-NOW
HUD’s Smoke-Free Multifamily Housing Resource Bank
• CHANGE IS IN THE AIR: An Ac,on Guide for Establishing Smoke-‐Free Public Housing and Mul,family Proper,es
• Research • Guidance to get started • Archived webinars • Web-‐based resources • Sample implementa,on tools • HUD no,ces
Implementation Toolkits
HUD’s Smoke-‐Free Housing Toolkits For Owners, Managers, and Residents
h"p://portal.hud.gov/hudportal/HUD
Connect With a Smoke-Free Housing Program Near You!
Global Directory of Smoke-Free Housing Programs:
www.mnsmokefreehousing.org/organizations/Resources
Kara Skahen MSW, MPP Program Director
Live Smoke Free: Smoke-Free Housing Program
Association for Nonsmokers-MN 2395 University Avenue West, Suite 310
St. Paul, MN 55114 [email protected]
Phone: 651-646-3005 x301 Fax: 651-646-0142
www.mnsmokefreehousing.org
Contact Information
How to Submit Comments to a Federal Agency
Mike Freiberg, J.D.
“Home is Where the Health Is: HUD’s Proposed Rule Restricting Smoking in Public Housing” Webinar
December 14, 2015
Timeline of a Regulation
No,ce of Proposed Rulemaking (NPRM)
Published • Federal Register No,ce
Comment Period • Docket opens at Regula,ons.gov • 60 to 90-‐day comment period which o^en is extended for an addi,onal 30 days or more
HUD Review of Comments • HUD considers all public comments
• No legal deadline for ac,on
OIRA Review of Final Rule • OIRA must approve or suggest changes to Final Rule
• No legal deadline for ac,on
Final Rule Published • Federal Register No,ce
Possible Li,ga,on Concerning Final Rule
• Possible challenge of Final Rule in the courts • A court may delay implementa,on of the rule during li,ga,on
PHA Implementa,on of Final Rule
• HUD’s proposed rule requires PHAs to adopt smoke-‐free policies within 18 months of effec,ve date of final rule.
Commenting Is Important
“HUD strongly encourages commenters to submit comments electronically.”
What to Include in Your Comment
• Rule Name: Ins,tu,ng Smoke-‐Free Public Housing
• Docket No: FR 5597-‐P-‐02 • Your interest in the rulemaking
What Makes an Effective Comment
• Well organized • Clearly states support or opposi,on • Explains suggested changes • Supported by data, research, relevant
experiences, and analysis
Possible topics
• Success stories and lessons learned • Health dispari,es • E-‐cigare"es • Hookah
HUD Questions
HUD Question #1
What barriers could PHAs encounter in implemen,ng smoke-‐free housing? What costs could PHAs incur? Are there any specific costs to enforcing such a policy?
• Barriers
• Costs
• Benefits
• Do benefits outweigh costs?
• Personal experience and stories
HUD Question #2
Does the proposed rule adequately address the adverse effects of smoking and secondhand smoke on PHAs and PHA residents?
• Outdoor areas like playgrounds
• Buffer zone/set-‐back requirement
• Designated smoking areas
• Other federally-‐subsidized housing
HUD Question #3
Does the proposed rule create burdens, costs, or confer benefits specific to families, children, persons with disabili,es, owners, or the elderly, par,cularly if any individual or family is evicted as a result of this policy?
• Health dispari,es
• Unique benefits, burdens, costs
• Do benefits outweigh costs?
• Personal experience and stories
HUD Question #4
For those PHAs that have already implemented a smoke-‐free policy, what excep,ons to the requirements have been granted based on tenants’ requests?
• Personal experience and stories
• State if no excep,ons have been granted and why
• If excep,ons have been granted, what types of excep,ons and why
• Have any excep,ons been problema,c?
HUD Question #5
For those PHAs that have already implemented a smoke-‐free policy, what experiences, lessons, or advice would you share based on your experiences with implemen,ng and enforcing the policy?
• Personal experience and stories
• Process and messaging for preparing residents
• Compliance and enforcement successes, difficul,es, and how difficul,es could have been avoided
HUD Question #6
For those PHAs that have already implemented a smoke-‐free policy, what tobacco cessa,on services were offered to residents to assist with the change? Did you establish partnerships with external groups to provide or refer residents to these services?
• Personal experience and stories
• What resources, how were they provided, and what messaging was used?
• Helpful external resources or partnerships
HUD Question #7
Are there specific areas of support that HUD could provide PHAs that would be par,cularly helpful in the implementa,on of the proposed rule?
• What types of training and resources for staff
• Messaging for residents
• What types of resources for residents
• Signage
• Personal experience and stories
• Helpful external resources or partnerships
HUD Question #8
Should the policy extend to electronic nico,ne delivery systems, such as e-‐cigare"es?
• Harmful to health
• Unproven safety and cessa,on claims
• Fire risk
• Property damage
• Enforcement complica,ons
• Reinforcement of tobacco-‐free norms
• Personal experience and stories
HUD Question #9
Should the policy extend to waterpipe tobacco smoking? Does suck smoking increase the risk of fire or property damage?
• Same health risks as smoking cigare"es
• High levels of toxins in smoke
• More smoke exposure from longer smoking sessions
• Fire risk
• Property damage
• Personal experience and stories
Sample Comments
Sample Comments
Resources
www.PublicHealthLawCenter.org
Template comment coming soon!
