HUD’s rule does not address the use of e-cigarettes and other electronic smoking devices. The ANRF model policy includes the use of these products (vaping) because of the established body of scientific research around the health and safety concerns about breathing the aerosol emissions that these products release into the air.
Full Answer
Are e-cigarettes and other electronic smoking devices covered by HUD’s model policy?
HUD’s rule does not address the use of e-cigarettes and other electronic smoking devices. The ANRF model policy includes the use of these products (vaping) because of the established body of scientific research around the health and safety concerns about breathing the aerosol emissions that these products release into the air.
Is it legal to vape in a rental property?
When the Law Does Not Prohibit Vaping Although the trend is to prohibit smoking (and vaping) in multi-tenant properties, in some states no law or ordinance prohibits vaping (let alone smoking tobacco) in individual units in multi-family rentals, and even in common areas.
What is the HUD Rule for smoking in public housing?
The HUD rule requires PHAs to implement a policy that prohibits use of all lit tobacco products and water pipes (hookahs) inside all dwelling units, interior areas, and PHA administrative office buildings. The smoke-free policy must also extend to 25 feet from all housing and administrative buildings.
Can I use marijuana in my HUD-funded home?
HUD’s rule does not address the use of marijuana because it is already a federally prohibited substance and the use and possession of marijuana is prohibited in HUD-funded properties.
Is it safe to smoke in a multi unit building?
Does a PHA have to have smoke free policy?
Do PHAs have to build shelters?
Can you smoke in a single family detached house?
Can you use e-cigarettes in public housing?
Can a resident smoke in a building?
Can HUD enforce smoke free policies?
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About this website
What is the Faircloth amendment?
The Faircloth Amendment states that the Department cannot fund the construction or operation of new public housing units with Capital or Operating Funds if the construction of those units would result in a net increase in the number of units the PHA owned, assisted or operated as of October 1, 1999.
Can you smoke in your NYCHA apartment?
The NYC Housing Authority's (NYCHA) smoke-free policy prohibits the use of cigarettes, cigars, pipes and hookah pipes anywhere inside public housing buildings and outdoors within 25 feet of any NYCHA building.
What does smoke free resort mean?
It simply means that people cannot smoke inside the building or in other areas specified in the policy, such as on balconies and patios.
How do you deal with a smoking neighbor?
Be calm, polite, stick to the issue, and ask what solutions might be available. Bring with you or include your doctor's note about exposure to secondhand smoke if applicable. Ask other neighbors who are being affected by secondhand smoke to attend the meeting with you or send letters too.
How can you smoke in a non smoking apartment?
Keeping your windows closed while smoking and putting a wet towel on the floor under the door will help make sure that what you smoke in your apartment stays in your apartment. And don't overlook the air vents. Smoke that gets drawn into these can travel through the apartments in line with yours — both above and below.
Can a hotel know if you vape?
Can hotels tell if you vape in the hotel room? Well, sort of. Non-smoking hotel rooms have smoke detectors that will be set off by vaping. However, if you are determined to do it anyway, the bathroom is the best spot to avoid getting caught.
Can you vape in hotel rooms?
Yes, vaping is considered smoking by hotels. As far as most hotels are concerned there is no difference between cigarettes and e-cigarettes. In the same way that smoking in a hotel room can land you a hefty fine, vaping in your hotel room could theoretically also land you a fine.
Can you vape on hotel balconies?
Vaping from the balcony If your hotel room is smoke-free that includes the balcony. So vaping from a balcony would be a violation. Realistically though, unless someone has direct sight of you vaping, it's pretty much impossible for someone to know that you were vaping in an outdoor balcony.
Can you smoke in an apartment building in NYC?
New York City Housing Authority's (NYCHA) smoke-free policy prohibits the use of cigarettes, cigars, pipes and hookah pipes anywhere inside public housing buildings and outdoors within 25 feet of any NYCHA building.
What are the smoking laws in New York?
The Clean Indoor Air Act (CIAA) Enacted in 1989 and last amended in 2019, Public Health Law, Article 13-E, known as the Clean Indoor Air Act (CIAA,) prohibits the smoking of tobacco products and use of vapor products in nearly all indoor and certain outdoor public and workplaces.
Can I smoke in my condo NYC?
Check Federal and Local Nonsmoking Laws Currently, there is no statewide law prohibiting smoking in private residential units in New York, such as apartments and condos. However, federal, city, or county laws might restrict or prohibit smoking in your rental property.
Can you vape outside in New York?
There are some restrictions, however. For example, parks and pools are no-go areas for smoking, and this includes cigarettes, cigars, pipes, water pipes, hookahs, and vapes (or e-cigarettes).
Can I smoke in my apartment? - Affordable Housing Online
Answer. Under HUD regulations, smoking cigarettes, cigars or pipes are not allowed in apartments, public areas or within 25 feet of Public Housing buildings.
HUD’s Rule to Restrict Smoking in Public Housing: An Overview
A: The rule does not grandfather (i.e., legally allow the continuation of) existing smoke-free policies that do not meet the minimum HUD requirements. If a PHA has a policy that is less stringent than the HUD requirements (e.g., no buffer zone or only a 15-foot buffer zone where
Complying With New HUD Smoke-Free Rules - Compliance Prime
On November 30, 2016, U.S. Housing and Urban Development (HUD) Secretary Julián Castro announced that public housing developments in the U.S. will be required to provide a smoke-free environment for their residents.
HUD RULES RELATING TO NONSMOKING IN HUD-ASSISTED HOUSING
1 HUD RULES RELATING TO NONSMOKING IN HUD-ASSISTED HOUSING As early as the 1990s, owners of multifamily housing began imposing non-smoking rules at apartment communities. However, it is only in the past 10 years that the trend has taken off.
MODEL PUBLIC HOUSING SMOKEFREE POLICY
1. Department of Housing and Urban Development Rule. On November 29, 2016, the Department of Housing and Urban Development (HUD) adopted Rule RIN 2577-AC97, effective February 3, 2017, which requires every Public Housing Agency (PHA) administering public housing to implement a smokefree policy.Specifically, no later than 18 months from the effective date of the rule, each PHA must implement a ...
Is it safe to smoke in a multi unit building?
A: As the Surgeon General reported, there is no safe level of exposure to secondhand tobacco smoke. In addition, research has clearly demonstrated that in multi-unit buildings, tobacco smoke travels from smokers’ units into the units of non-smokers. Smoke can also travel between the units of smokers into common areas such as hallways and lobbies, which are often designated as non-smoking areas in buildings that permit smoking in individual apartments. Research has further demonstrated significantly lower concentrations of tobacco smoke contaminants in public housing buildings that are covered by smoke-free policies, and the majority of smoking complaints come from neighbors who are exposed to second hand smoke that travels between units.
Does a PHA have to have smoke free policy?
A: The smoke free requirement must be part of a PHA policy and within each resident’s lease agreement. PHAs should include enforcement of the smoke-free policy as part of its regular lease enforcement policies. It may help residents with compliance if the smoke free policy includes a description of the expected oversight process, and whether monitoring will be done with unit inspections. Also, HUD recommends PHA outline how residents should report if they see or smell persons smoking in restricted areas. HUD is seeking comment on best practices for enforcement from PHAs that have already implemented a smoke free policy and will issue guidance after the proposed rule comment period is completed. In the meantime, PHAs should review the discussion of enforcement in the “Change is in the Air” guidebook (hyperlink to
Do PHAs have to build shelters?
A: No, PHAs are not required to build shelters for their residents . Construction of smoking shelters and purchases of benches may be done using Capital Funds. Several PHAs have reported that they achieve better compliance with smoking bans in restricted areas when there is a designated location for smoking that includes seating.
Can you smoke in a single family detached house?
A: Under the proposed rule, smoking would also be banned in single family detached public housing. The proposed rule also prohibits smoking on attached structures if they are part of the building or within 25 feet of the housing or building.
Can you use e-cigarettes in public housing?
A: No, this rule only proposes to cover lit tobacco products where the tobacco leaves are ignited, such as cigarettes, cigars and pipes. The exclusion on e-cigarettes (also known as electronic nicotine delivery systems or ENDS) in this rule should not be read as an endorsement of e-cigarettes as an acceptable health alternative to cigarettes. The aerosol from ENDS typically contains nicotine derived from tobacco plants, and may contain other hazardous and potentially hazardous constituents such as formaldehyde and lead. In light of growing health concerns regarding exposure to the aerosol of these products among non-users, especially children and pregnant women, HUD is seeking additional comments on the issue of ENDS, and may prohibit the use of these products in public housing in the final rule. HUD encourages PHAs that already have smoke-free policies to consider whether ENDS should be included in their smoke-free policies.
Can a resident smoke in a building?
A: As proposed in the rule , allowing a resident to smoke in their unit or building common area is not an accommodation that can be granted under these regulations once effective. PHAs may consider working one-on-one with these residents to consider other alternatives for compliance.
Can HUD enforce smoke free policies?
A: Enforcement of smoke free policies could result in evictions for tenants that do not adhere to the policy or continue to smoke in their unit. This is an area where HUD is soliciting comment from PHAs and residents. HUD’s 2014 guidance “Change is in the Air” (hyperlink
Why does HUD support smoke free policies?
HUD also supports implementation of smoke-free policies because they are fiscally responsible. Smoke-free policies reduce property maintenance costs, unit turnover time, and the risk of fires.
What is HUD rule?
HUD’s rule is a continuation of its formal encouragement of the adoption of smoke-free policies in public housing, multifamily housing, and mixed-income housing. Beginning in 2009, HUD committed to
What are the advantages of a smoke free building?
Advantages: Many smoke-free pioneers say an outdoor designated space for smoking is a helpful element of an effective policy. They suggest designating a smoking area on the property, if space and funds allow. They point out that it takes effort to get tenants to commit to using these spaces. DSAs are often appreciated and may reduce the incidence of smoking violations in the building. Outdoor DSAs cannot be in any restricted smoking area and should be far enough from the building not to violate the policy (at least 25 feet) and to prevent secondhand smoke from entering open windows or doors.
When will PHAs go smoke free?
HUD established that all PHAs must go smoke-free by July 30, 2018. The intention of the HUD rule is to make public housing safer for residents, staff, and guests. The policy is also predicted to save PHAs money through decreased costs at unit turnover.
How to communicate smoke free policy?
As stated in the Communicating with Residents and Staff about the Smoke-Free Policy section (p. 6), you will need to communicate with residents , advisory boards , and staff members throughout this process . Your initial communication should announce that the rule has been established and include ways these groups can learn more about it, preferably through an informational meeting. A sample communication is in the box labeled “Rule.”
How to make a smoke free property?
You will need to communicate frequently and positively aboutcreating a smoke-free property. Starting from a positive stance will improve the success of your policy and the morale of your staff and residents. Providing frequent opportunities to explain your policy and listen to resident and staff feedback will improve your policy.
Why is smoke free housing important?
Since smoke-free housing reduces the risk of fire, fire damage claims are less likely. Also, implementing a smoke-free policy demonstrates to your insurer that you are actively minimizing the risk of damage to your building. Although most insurance companies do not yet offer a specific credit for smoke-free policies, they are Smoke-free policies can
What is the HUD rule for smoking?
HUD’s Rule RIN 2577-AC97 requires each PHA to implement a smokefree policy that prohibits the use of “prohibited tobacco products” in all public housing living units, indoor common areas in public housing, and in PHA administrative office buildings. The policy must also extend to all outdoor areas within 25 feet of the public housing and administrative office buildings.
When did HUD start smoking free?
On November 29, 2016, the Department of Housing and Urban Development (HUD) adopted Rule RIN 2577-AC97, effective February 3, 2017, which requires every Public Housing Agency (PHA) administering public housing to implement a smokefree policy. Specifically, no later than 18 months from the effective date of the rule, ...
What is a smokefree PHA policy?
Under the Rule, a PHA’s smokefree policy must, at a minimum, ban the use of all prohibited tobacco products, which are defined as (1) items that involve the ignition and burning of tobacco leaves, such as (but not limited to) cigarettes, cigars, and pipes, and (2) to the extent not covered by (1) , waterpipes (hookahs).
How many states have a smoke free policy?
Department of Housing and Urban Development’s (HUD) smokefree rule that went into effect on February 3, 2017. More than 670 PHAs in at least 44 states already have a smokefree policy in place. PHAs that do not yet have a policy that meets the minimum standards required by HUD now have 18 months to implement a new policy or amend an existing policy to meet those standards.
How long does it take for a PHA to ban tobacco?
Specifically, no later than 18 months from the effective date of the rule, each PHA must implement a ‘‘smokefree’’ policy banning the use of “prohibited tobacco products” in all public housing living units, indoor common areas in public housing, and in PHA administrative office buildings. The smokefree policy must also extend to all outdoor areas ...
What is a smoking device in the ANRF?
The model language instead uses ANRF’s standard definition of “smoking,” which includes all lighted or heated tobacco products including hookah and marijuana, as well as the use of an electronic smoking device, which is also specifically defined in the policy.
How far away from buildings can you smoke?
HUD’s rule requires that smoking be prohibited within 25 feet of buildings, and specifies that PHAs may have stronger outdoor provisions if desired. The model policy provides PHAs with the option of prohibiting smoking anywhere on the grounds, or to allow outdoor smoking areas that are at least 25 feet from buildings.
What is an e-cigarette?
E-cigarettes and vaporizers are widely sold hand-held devices that deliver a vapor of heated liquid (e-liquid), which the user inhales. Rather than exhaling smoke (as happens with a traditional cigarette), the user exhales vapor. Although these devices don't contain or burn tobacco, most e-liquids they vaporize contain nicotine derived from tobacco.
Does the law prohibit vaping?
When the Law Does Not Prohibit Vaping. Although the trend is to prohibit smoking (and vaping) in multi-tenant properties, in some states no law or ordinance prohibits vaping (let alone smoking tobacco) in individual units in multi-family rentals, and even in common areas.
Can you smoke in a multifamily apartment?
Although the trend is to prohibit smoking (and vaping) in multi-tenant properties, in some states no law or ordinance prohibits vaping (let alone smoking tobacco) in individual units in multi-family rentals, and even in common areas. Tenants who desire smoke- and vape-free environments must look for properties whose owners have imposed their own rules. But what about the tenant who lives in a property that is subject to no smoking or vaping law, ordinance or policy? Is that tenant out of luck when it comes to successfully protesting the presence of vaped e-liquids? Fortunately, this tenant might have one or more powerful tools to compel landlords to snuff out both smoke and vapors.
Is vaping safer than smoking?
For this reason, e-cigarettes have been touted as safer than traditional tobacco products such as cigarettes, pipes, and cigars. However, research has increasingly shown ...
Does Minnesota have a vaping law?
As vaping entered the picture, legislators amended their laws to include tobacco vapors. For example, the Minnesota Clean Indoor Air Act originally covered only smoked tobacco; it was amended in 2019 to include tobacco vapors. Many other states have changed their no-smoking laws to include e-cigarettes, such as California, Colorado, and New Jersey.
Can landlords restrict tobacco use?
Landlords and tenants are familiar with the question of tobacco use in residential settings. Landlords have the right to restrict tobacco use on their properties (both single-family and multi-tenant).
Do e-cigarettes contain nicotine?
Although these devices don't contain or burn tobacco, most e-liquids they vaporize contain nicotine derived from tobacco. The U.S. Food and Drug Administration (FDA) considers e-cigarettes, vaporizers, all related accessories, and e-liquids (even those that are nicotine-free) to be tobacco products. E-cigarettes and vaporizers come in many shapes ...
What about vaping?
Things get more confusing depending on how a landlord defines vaping. In the case of the Weinandys, the couple in Massachusetts, it wasn’t smoking but a lack of clear policy about vaping that brought on their eviction notice.
Where does smoke get in a house?
“ [Smoke] gets in everything—it gets in the walls, ceiling, it gets in the drapes, carpets, ” said Loeffler, who along with practicing landlord-tenant law, has been a private landlord himself.
Can you use medical marijuana in public housing?
Congress is considering a bill to permit medical marijuana patients to use their medicine in public housing units. But until a new law is adopted, public housing tenants can be evicted for any form of cannabis possession. (CSA-Archive/iStock)
Can you smoke in a private home?
Some private landlords may permit smoking on their properties. But if you live in publicly funded housing, the landlord is legally obligated to prohibit cannabis. If warnings aren’t heeded, a landlord may be forced to evict cannabis smokers. That’s because any federally-subsidized housing is subject to federal law—and cannabis remains a federally illegal drug.
Is vaping legal in multifamily?
According to the legal encyclopedia Nolo, “Although the trend is to prohibit smoking (and vaping) in multi-tenant properties , in some states no law or ordinance prohibits vaping (let alone smoking tobacco) in individual units in multi-family rentals, and even in common areas. Tenants who desire smoke- and vape-free environments must look for properties whose owners have imposed their own rules.”
When did the Department of Housing and Urban Development issue a memo?
The U.S. Department of Housing and Urban Development reinforced that policy in 2011 by issuing a memo after “receiving many inquiries regarding the use of medical marijuana.”. Federal law allows public housing authorities to evict tenants for use of a controlled substance.
Is e-cigarette the same as vaporizer?
Nicotine and cannabis often lumped. But “e-cigarettes” are not the same as cannabis vaporizers. Though there’s an obvious difference between tobacco and cannabis vaporizers, that generally isn’t reflected in the law.
Is it safe to smoke in a multi unit building?
A: As the Surgeon General reported, there is no safe level of exposure to secondhand tobacco smoke. In addition, research has clearly demonstrated that in multi-unit buildings, tobacco smoke travels from smokers’ units into the units of non-smokers. Smoke can also travel between the units of smokers into common areas such as hallways and lobbies, which are often designated as non-smoking areas in buildings that permit smoking in individual apartments. Research has further demonstrated significantly lower concentrations of tobacco smoke contaminants in public housing buildings that are covered by smoke-free policies, and the majority of smoking complaints come from neighbors who are exposed to second hand smoke that travels between units.
Does a PHA have to have smoke free policy?
A: The smoke free requirement must be part of a PHA policy and within each resident’s lease agreement. PHAs should include enforcement of the smoke-free policy as part of its regular lease enforcement policies. It may help residents with compliance if the smoke free policy includes a description of the expected oversight process, and whether monitoring will be done with unit inspections. Also, HUD recommends PHA outline how residents should report if they see or smell persons smoking in restricted areas. HUD is seeking comment on best practices for enforcement from PHAs that have already implemented a smoke free policy and will issue guidance after the proposed rule comment period is completed. In the meantime, PHAs should review the discussion of enforcement in the “Change is in the Air” guidebook (hyperlink to
Do PHAs have to build shelters?
A: No, PHAs are not required to build shelters for their residents . Construction of smoking shelters and purchases of benches may be done using Capital Funds. Several PHAs have reported that they achieve better compliance with smoking bans in restricted areas when there is a designated location for smoking that includes seating.
Can you smoke in a single family detached house?
A: Under the proposed rule, smoking would also be banned in single family detached public housing. The proposed rule also prohibits smoking on attached structures if they are part of the building or within 25 feet of the housing or building.
Can you use e-cigarettes in public housing?
A: No, this rule only proposes to cover lit tobacco products where the tobacco leaves are ignited, such as cigarettes, cigars and pipes. The exclusion on e-cigarettes (also known as electronic nicotine delivery systems or ENDS) in this rule should not be read as an endorsement of e-cigarettes as an acceptable health alternative to cigarettes. The aerosol from ENDS typically contains nicotine derived from tobacco plants, and may contain other hazardous and potentially hazardous constituents such as formaldehyde and lead. In light of growing health concerns regarding exposure to the aerosol of these products among non-users, especially children and pregnant women, HUD is seeking additional comments on the issue of ENDS, and may prohibit the use of these products in public housing in the final rule. HUD encourages PHAs that already have smoke-free policies to consider whether ENDS should be included in their smoke-free policies.
Can a resident smoke in a building?
A: As proposed in the rule , allowing a resident to smoke in their unit or building common area is not an accommodation that can be granted under these regulations once effective. PHAs may consider working one-on-one with these residents to consider other alternatives for compliance.
Can HUD enforce smoke free policies?
A: Enforcement of smoke free policies could result in evictions for tenants that do not adhere to the policy or continue to smoke in their unit. This is an area where HUD is soliciting comment from PHAs and residents. HUD’s 2014 guidance “Change is in the Air” (hyperlink
