Enforcement

Effective Enforcement of Smokefree Policies

One of the concerns property owners have is around enforcement of the policy, and it can seem like an intimidating process. However, property owners and managers across the country have implemented smokefree policies, which shows it can be done and be easier than anticipated. It is vital that education and communication around the new policy is shared with residents and staff. This will lead to both policy implementation and enforcement being rolled out successfully. Most residents want to live in a smokefree building and will voluntarily follow the policy. For the instances where additional reinforcement is needed, be sure to enforce violations in the same way as other lease violations and be consistent.

Below are steps to take when implementing a smokefree policy, tips around policy violations, and other items to keep in mind. A variety of resources are also included.

Before the policy takes effects:

• Communication
• Make sure to communicate with residents about the policy change, the “why” behind it, and when it will take place. Examples of ways to communicate with residents: newsletters, notices/letters, emails, etc. 
• Advance Notice
• Giving residents several months notice of when the policy will take effect will allow them to adapt to the change. 
• Informational Meetings
• Another way to prepare residents is to hold informational meetings, which will provide opportunities for them to ask any questions about the policy. These meetings can also be helpful for your staff. There may be opposition to the policy change, but allowing residents to share their opinions and addressing any concerns they may have will lead to an increase in support for the policy. 

• Share Resources
• For people who currently smoke, offer information about resources to help them quit. This can include local or state resources, counseling, and nicotine replacement therapy.
• Here is information about quitting smoking https://www.lung.org/quit-smoking/i-want-to-quit
• Here is information about helping someone quit smoking https://www.lung.org/quit-smoking/help-someone-quit
• Here is information about specifically quitting vaping https://www.lung.org/quit-smoking/e-cigarettes-vaping/quit-dont-switch
• The Missouri Tobacco Quit Services offers free help to Missourians wanting to quit smoking. Call 1-800-QUIT-NOW or go to www.YouCanQuit.org.
• New Residents
• Be sure to inform new residents when they sign the lease agreement that a smokefree policy is being implemented. 

During and after the policy takes effect:

• Signage
• Post signs about the smokefree policy around the property. Free signage is available through Missouri’s Tobacco Control and Prevention program. Please contact — or click here.
• Inspections
• Conduct routine inspections of the property to make sure the policy is being followed.
• Reminders
• Remind residents of the policy and any damage done in the apartment from smoking will be their financial responsibility.

Policy Violation Tips:

• A graduated enforcement plan is recommended. See below for a sample set of steps.
• Sample Enforcement Plan:
• The 1st violation = verbal warning and reminder of the smoke-free policy.
• The 2nd violation = verbal warning and smoking cessation resources/materials to the resident. 
• The 3rd violation = written warning and smoking cessation resources/materials.
• The 4th violation = notice to vacate with an option to remedy/cure, and smoking cessation resources/materials.
• The 5th violation = may result in a notice to vacate without the option to remedy or cure.
• Evictions for smokefree policy violations are rare.
• There should not be penalty fines for enforcement of this policy.
• Maintain documentation of complaints of smoking violations. Respond to these complaints in a timely manner. 
• Make it clear to residents that the policy also extends to guests, for whom they are responsible for.

Things to Keep in Mind:

• All residents, current and future, will have signed a lease agreement or addendum agreeing to follow the smokefree policy.
• For current residents, include the smokefree policy when their lease is renewed. The timeline will vary depending on when residents lease renews.  
• For future residents, include the smokefree policy with their new lease. 
• There is no legal or constitutional right to smoke.
• There is no exemption for smoking based on the Americans with Disabilities Act (ADA)
• A comprehensive smokefree policy should include the following products: cigarettes, cigars, pipes, e-cigarettes, vapes, hookah, and marijuana. By doing so, the enforcement of the policy is easier since it would cover all forms of smoke.
• It is recommended to include balconies and patios in the smokefree policy. When it comes to outdoor smoking, it should take place at least 25 feet from the building.

Adapted from: https://www.lung.org/policy-advocacy/tobacco/smokefree-environments/multi-unit-housing/steps-for-effective-smokefree-policies.