Tips to ensure smoke-free multi-unit housing policies are followed

1. Communicate the policy visibly and verbally

   1. Post several no smoking signs around the property.

   2. List your smoke-free status on your website and in advertisements.

      1. Most renters overwhelmingly want smoke-free housing and it sets the expectation early. 
      2. Many people who smoke do not smoke inside the home to protect their family and belongings.
   3. Inform new residents at every initial meeting and point it out in the lease.
      1. Explain what will happen if they do not follow the smoke-free policy.  (Use your process for other lease violations.  Spell out what happens each time they break the policy.)

2. Educate staff and residents

   1. Educate ALL Maintenance staff, resident service providers, caretakers, etc. about the smoke-free policy and explain what counts as evidence of smoking. 
      1. They are in units and sometimes have stronger relationships with residents than management. These staff should document policy violations to management and may be able to work with the residents to resolve the problem. Staff cannot open private spaces in the unit, but they can document signs of smoking they notice while in the unit for another purpose.
   2. Encourage community-supported compliance.  Let residents know how they can anonymously report a suspected violation and are encouraged to do so. Residents are one of the best enforcement tools.
      1. Most people want to live in a building where they don’t have to breathe secondhand smoke, and they tend to speak up if they are being exposed, especially when they know a policy is in place and is being violated.
      2. If residents continually smell or see smoking in prohibited locations and nothing is being done, then it will be difficult to enforce the policy. 

3. Complete regular inspections

4. Remind residents they will be held financially responsible for damage caused by smoke in an apartment

Tips for handling smoke-free policy violations

1. Treat it like any other lease violation

   1. Have consistent enforcement procedures in place. A smoke-free policy should be treated like any other lease provision or house rule.
      1. It may start with a verbal warning. Then the issue of a written notice. It can eventually lead to more serious penalties if violations continue.
      2. The possibility of eviction may be part of your violation process, although it is important to remember that eviction is not the goal of a smoke-free policy, and efforts should be made to mediate the situation. It should be noted that evictions for violating a smoke-free policy in multi-unit housing are quite rare nationwide.
      3. When notifying a resident that they are in violation of the smoke-free policy, cite any prior violations and let them know the consequences for subsequent violations.
   2. Follow through on all reported violations. It will enhance compliance if residents know management takes the smoke-free policy seriously and are consistent and responsive to reported lease violations.

2. Make it clear to residents

   1.  They are responsible for the behavior of any guests and need to inform them of the smoke-free policy.

3. Maintenance staff should watch for signs of smoking

   1. —cigarette butts, ashtrays, smell of smoke, new burns or smoke damage—when they work in the building and on the grounds, including visiting a unit in the course of their usual business, such as making a repair. Then they should follow the process for reporting signs of smoking to building management.

4. Do a “knock and talk”

   1. Knock on the door of a person who is suspected of violating the policy to have a chat at the doorway to let them know that you’re hearing about smoke coming from the unit. You do not have to enter the unit but note if you smell smoke or observe an ashtray/butts from the doorway.

5. Record enforcement efforts

   1. Document and respond to complaints regarding smoking in a consistent and timely manner.
   2. The manager should ensure evidence of violations is well-documented and talk with other residents to determine if they witnessed the lease violation.
   3. A process may already be in place for documenting efforts to enforce lease provisions. Add the smoke-free policy to a standard lease violation notification form. Be sure to document each reported violation and evidence of the violation (cigarette butts, ashtrays, neighbor reports drifting smoke on specific dates and times). Likewise, document warning letters sent to the residents notifying them of a violation, and any responses from the resident.

What counts as evidence of smoking?

Managers and owners often ask what proof they need to demonstrate that smoking has occurred, saying that it is difficult to witness activity that occurs in a private residence. There are other forms of evidence short of witnessing smoking that can constitute acceptable proof.

This evidence can include: staff observing lighted tobacco products, burn damage caused by smoking, ashtrays, ashes, cigarette smells, smoke clogged filters, smoke damage to walls, clogged plumbing caused by smoking products, and repeated reports by other residents about seeing and/or smelling smoke.

Managers sometimes ask whether it is advisable to purchase a monitor that can detect smoke. This may not be the best approach because of the cost of the monitors and questions about their effectiveness. Further, if smoke monitors are used, they should likely be placed in every unit to ensure consistent treatment.

Resources

No Smoking Policy Poster
Reminder Cards for Smoking Residents
Notice of Policy Violation Template