Complying With New HUD Smoke-Free Rules

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. The final rule includes input from more than 1,000 comments received from the public, including Public Housing Agencies (PHAs), housing and public health organizations, and tenants.

This final rule will have the following implications:

• Require more than 3,100 public housing agencies to implement smoke free policies within 18 months of the final rule being adopted.
• Prohibit the use of cigarettes, cigars, pipes, and hookah (waterpipes) in all living units, indoor common areas and administrative offices.
• Prohibit the use of tobacco products covered by the policy in outdoor areas within 25 ft. from buildings.
• Allow for further restrictions (e.g., buffer around playgrounds, restrict smoking to designated outdoor areas, property-wide smoke-free policy).
• Apply to all housing types, including single family units. • Require PHAs to document their smoke-free policies in their PHA plans, a process that requires resident engagement and public meetings.
• Help improve the health of more than 2 million public housing residents, including 760,000 children. 
• Save an estimated $153 million every year in costs from secondhand smoke attributable healthcare, repairs of smoke-permitted units and smoking attributable fires.
• Impact the more than 940,000 units that are currently not smoke-free, including more than 500,000 units inhabited by elderly individuals

This rule applies to all public housing other than dwelling units in mixed-finance buildings. PHAs are now required to establish policies disallowing the use of prohibited tobacco products in all restricted areas. PHAs may, but are not required to, further restrict smoking to outdoor dedicated smoking areas outside the restricted areas, create additional restricted areas in which smoking is prohibited (e.g., near a playground), or, alternatively, make their entire grounds smoke-free.

PHAs are required to document their smoke-free policies in their PHA plans, a process that requires resident engagement and public meetings. The proscription on the use of prohibited tobacco products must also be included in a tenant's lease, which may be done either through an amendment process or as tenants renew their leases annually.

In this rule, such a policy is expected to improve indoor air quality in public housing; benefit the health of public housing residents, visitors, and PHA staff; reduce the risk of catastrophic fires; and lower overall maintenance costs.

This seminar will also cover:

• Housing units in mixed finance developments.
• Privately owned, federally subsidized multifamily housing (e.g. project-based Section 8 housing).
• Electronic Nicotine Delivery Systems (ENDS), including electronic cigarettes (e-cigarettes).

This seminar will also provide insight into the implications of the final rule for everyone involved in housing. It will affect your property’s:

• Tenant Selection Plan;
• House Rules;
• Move-in;
• Rejection;
• Termination of Assistance/Tenancy; and
• Eligibility of Remaining Household Members

Who Should Attend:

• Property Managers
• Property owners
• Builders
• Developers
• Realtors
• Housing Authorities

Speaker(s)

Paul Flogstad

Paul has been involved in the real estate industry for the past 38 years. He has been involved in sales, construction, project management, appraisal, property management and property management consulting/training.

Through his consulting company, Property Management Solutions, he provides training and consulting services nationwide to owners, management companies, multi-housing associations, as well as state and federal agencies.

He specializes in fair housing issues and has developed fair housing and outreach programs for governmental agencies as well as conducting seminars which are presented to property management companies, apartment associations and the general public nationwide. Most recently, he has been a consultant to the State of South Dakota. In this assignment he has developed a fair housing awareness program that is one of the first of its kind in the nation. It involves a three pronged approach to fair housing awareness. This approach makes use of an ombudsman concept and has proven to be very effective in dealing with discrimination and landlord/tenant issues.

For over twenty years he was involved in appraisal of residential, multi-family, farm and commercial properties throughout the Midwest. Most recently, he was a consultant for affordable, multi-housing properties in 22 different states. This involved properties in HUD, Rural Development, HOME and Tax Credit programs.

He holds numerous professional property management designations and currently holds the prestigious RHM designation from the National Center for Housing Management.

Paul was previously Vice President of the South Dakota Multi-Housing Association, Vice Chairman of the Minnehaha County Housing and Redevelopment Commission, and Chairman of the Sioux Falls Property Appeals Board. In 2009, he received the Outstanding Educator of the Year award from the South Dakota Multi-Housing Association.

Paul just authored a book which was released in January of 2015. It is titled: “Fair Housing: What Everyone Should Know”. This is a comprehensive book about the fair housing written with a property manager’s perspective and with real world examples. It is a great resource for anyone.

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