Clean Indoor Air in Apartments: Researching Effective Strategies Center for Energy and Environment...

Clean Indoor Air in Apartments: Researching Effective Strategies

Center for Energy and Environment

Clean Indoor Air in Apartments:

Researching Effective Strategies

Funded by the Minnesota Partnership for Action against TobaccoThis research project was funded in part by the Minnesota Partnership for Action Against

Tobacco.

These findings are solely the responsibility of the authors and do not necessarily represent the official views of the Minnesota Partnership for Action Against Tobacco.



Genesis of research

Association for Nonsmokers-Minnesota was receiving calls from tenants bothered by migrating smoke.

ANSR wanted some concrete information to help them.

Called upon Center for Energy and Environment.



Center for Energy and Environment CEE is an independent, nonprofit organization

that works to promote the responsible and efficient use of natural and economic resources. CEE accomplishes this mission through program development and delivery, research, evaluation and public policy initiatives. CEE has provided energy, environmental and housing rehabilitation services to utilities,

private corporations, neighborhood organizations, municipalities and public agencies for over eighteen years.



Goal

To build a sound base of knowledge that will facilitate two types of interventions to reduce renters’ exposure to environmental tobacco smoke (ETS) in their homes:

designation of smoke-free apartment buildings

treatment of smoking-permitted buildings to minimize transfer of ETS among units



Team Center for Energy and Environment Association for Nonsmokers – Minnesota Minnesota Multi Housing Association (National Association of Housing and

Redevelopment Officials, Minnesota Chapter) Anderson, Niebuhr & Associates Hanbery, Neumeyer & Carney HOME Line, Mid-Minnesota Legal Assistance, City of

St. Paul Grimsrud & Associates Brookhaven National Lab University of California, Berkeley



Tasks

1. Completed Conduct in-depth interviews of multifamily owners Survey statistical sample of renters Research legal issues

2. Expected to be completed in 2003 Field test strategies to reduce ETS transfer Quantify financial benefits of smoke-free buildings Evaluate research outcomes and develop

application plan



Owner survey - objective to understand perceived barriers to and information

needs regarding both smoke-free buildings and reduction of ETS transfer in smoking-permitted buildings

Methods Qualitative In-depth telephone interviews Small, non-random samples:

Private owners (MHA, coalitions) -- 26 Known owners of smoke-free buildings -- 11 Public owners (NAHRO) – 12



We were able to talk to more smoke-free owners than expected, and their experience has been positive. Nineteen of the twenty said they are very likely to continue to offer smoke-free units.



Owners who have not designated any smoke-free buildings think there is a market, but most are not aware of any smoke-free rental buildings in Minnesota, &



they are not very interested in designating smoke-free buildings; their expectations of the effects of smoke-free designation are negative.



Vacancy Rate: Actual Effect of Smoke-Free Designation

Compared with the Expectations

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

Actual, Smoke-Free

Expected, Private NotSmoke-Free

Expected, Public NotSmoke-Free

Increase No Effect Decrease Don't Know



Affects of Smoke Free Designation Substantial majority of those with smoke-free

buildings have found that the smoke-free designation had no effect on turnover, vacancy rate, and amount of rent that could be charged and a decrease in time to manage the building.

A small majority reported that the designation reduced staff time required to manage the building; a large minority that it had no effect on staff time.



Renter survey - objectives

document the extent and severity of perceived problems with ETS transfer among MN renters;

provide owners with solid information regarding the marketability of smoke-free rental housing and the importance of ETS-free units to renters;

examine how problems with ETS transfer vary by building type and location within buildings.



Methods Quantitative Short survey, closed-ended questions Mail-mail-mail-phone data collection Random sample of 405 renters (95% CI = 5%) Oversamples (95% CI = 10%):

Minorities Young adults (< 25) HH with children HH in 2-to-4 unit dwellings

Response rate 71%



29% of rental households in multifamily buildings have one or more smokers; 16% of these do not allow smoking in their apartments.



Almost half of rental HH in mf buildings say that, at times, tobacco smoke odors get into their apartment from somewhere else…



37% of those experiencing ETS transfer say it bothers them “a lot” or “so much I’m thinking of moving”…



HH with children and HH below the federal poverty level experience significantly more ETS transfer

Non-senior HH and HH in older buildings experience marginally more ETS transfer

No significant differences by rent category, minority status, presence of smoker, Metro vs. Outstare location

No significant differences by building height, number of units, floor on which tenant is located.



Almost half of Minnesota renters are “extremely” or “very” interested in living in a smoke-free building…

HH with no smokers and minority HH are more interested in living in smoke-free

buildings

There are no other statistically significant differences



On the other hand, 20% of renters say it is “very important” to them to live in a building where smoking is allowed…



Over half of renters would be “very likely” to choose a smoke-free building all other things being equal…



Over a third of renters would pay more to live in a smoke-free building; some are willing to make other trade-offs to live in a building with no tobacco smoke odor, but they will not give up major amenities. …



Observations Secondhand smoke transfer appears to be a

very common occurrence in multifamily buildings in Minnesota

There are few meaningful differences in ETS transfer as a function of building characteristics (only age of building)



Observations There appears to be excellent market potential for smoke-

free buildings across all demographic segments investigated.

Owners have successfully designated a range of buildings smoke-free (subsidized and not, different bldg classes, different types of renters)

Offering smoke-free buildings appears likely to be profitable for private owners: A way to differentiate properties Some renters willing to pay more Owners who have gone smoke-free have seen neutral or

positive effects on turnover, vacancy and rents charged. Renters with incomes that would qualify them for publicly-assisted

housing are as interested in smoke-free housing as higher income renters.



Legal research methodology Drawn from several online sources, such as

Lexis-Nexus, Google.com, Yahoo, & Lois Law& print sources using key words having to do with smoking.

Directed to state and federal statutes and regulations as well as reported cases.

Answered specific questions in the following areas: Landlord-tenant & contract law Civil rights law Negligence/tort law and Nuisance and environmental rights law.



Legal research methodologyII Supplemented with interviews with people like

attorneys general, attorneys in tobacco control, & municipal personnel & with searches of relevant websites.



Legal politics

Legal advisory committee included attorneys representing Property owners and managers including

public housing Tenant attorneys and advocates & Legal Aid Center for Energy and Environment Association for Nonsmokers-Minnesota



Objectives Develop a model smoke-free lease clause or legal

agreements that provide a meaningful level of assurance of smoke-free homes to renters while holding the risk to property owners in providing smoke-free rental housing under current law to a level that will encourage smoke-free designation.

Summarize status of law with regard to designation of smoke-free buildings and taking or failing to take actions to minimize ETS transfer

Suggest changes to statutes, ordinances and regulations would further facilitate smoke-free lease clauses.



Summary of legal research Landlord can include use restrictions, such as a no-use-of-

tobacco restriction, in a lease. HUD has supported the right of landlord to include such a

restriction, including leases of federally subsidized housing. Although the law in this area is far from settled, the risk of

suit and potential liability for landlords merits property owners’ taking a closer look at offering smoke-free options.

Carefully drafted leases can limit the landlord’s exposure to ETS claims while benefiting the landlord in other ways.

Civil rights suits in employment suggest that being a smoker is not a disability within the meaning of various civil rights laws.



Summary of legal research II Chief risk for a landlord offering a smoke-free

environment is the risk that smoke-sensitive tenants will seek to hold the property owner or manager to a higher standard of care and argue that the landlord has promised higher air quality for the building. This risk could be addressed by language in lease.



Key points Secondhand smoke drifting from other units is a

problem for many renters.

There is a market for smoke-free rental units in a wide spread of price ranges and for various types of renters.

Landlords who ignore the issue of smoking face a growing likelihood of suits by tenants suffering from ETS; landlords who choose to offer no-smoking options, or to limit smoking may reduce their risks of such suits without exposing themselves to civil rights claims by smokers.



Next steps

Complete the building treatments and financial analysis

Disseminate the research results to Tobacco control advocates Building owners and managers Builders, architects, HVAC personnel Tenants organizations Attorneys and Legal Aid organizations



Complete reports

Reports: www.mncee.org, indoor air quality, multifamily buildings.

Lease: www.ansrmn.org, smoke-free apartments, model lease.

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