The Trainer — October 2013
ADOPTING A SMOKE-FREE POLICY
In this month’s feature, we discussed how to adopt a no-smoking policy at a HUD-assisted site. HUD encourages owners to do so, but you must take certain steps before implementing such a policy—and first decide whether the ban on smoking will apply site-wide, or just to common areas of the site.
QUIZ
QUESTION #1
You don’t need to add a clause to HUD’s model lease to ban smoking only in your site’s common areas. True or false?
a. True.
b. False.
QUESTION #2
If you establish a smoke-free site, you may ask applicants whether they or their family members smoke. True or false?
a. True.
b. False.
QUESTION #3
You’ve designated one building at your site as smoke-free. You can move any smokers who live in assisted units in that building into units at another, non-smoke-free building at your site, after giving them 30 days’ notice. True or false?
a. True.
b. False.
QUESTION #4
If you live in a state that has approved the use of medical marijuana, you must allow residents to smoke marijuana even if the building has a smoke-free policy. True or false?
a. True.
b. False.
ANSWERS & EXPLANATIONS
QUESTION #1
Correct answer: a
True. You can add a house rule, rather than a lease clause, to ban smoking in common areas. But to ban smoking site-wide, including within units, you need to add a clause to the HUD model lease. And you must get HUD or your local housing authority’s approval before using it.
QUESTION #2
Correct answer: b
False. Although you must inform all applicants about the site’s smoke-free policy, HUD said in an October 2012 notice that sites may not have a policy that specifically asks applicants whether they or their household members smoke.
QUESTION #3
Correct answer: b
False. To get smokers in assisted units to move out of the building that you’re making smoke-free and into another building, you’ll have to wait until their leases expire and offer them new HUD-approved leases that ban smoking. Some will agree to sign these new leases—others will decide to move out.
QUESTION #4
Correct answer: b
False. Marijuana is still classified federally as a Schedule 1 controlled substance, so its possession and use remains a federal crime. Therefore, managers do not have to allow renters to smoke marijuana in their units, even if the renter claims medical reasons for doing so.