HUD's Instituting Smoke-Free Public Housing Rule (FR-5597-F-03) (the Smoke-Free Rule" or "Rule") (PIH-2017-03) (24 CFR Parts 965 and 966) is intended to improve indoor air quality, benefit the health of public housing residents and PHA staff, reduce the risk of fires, and lower overall maintenance costs. PHAs must design and implement a policy barring the use of prohibited tobacco products in all public housing living units, interior common areas, and outdoor areas within 25 feet from public housing and administrative office buildings (collectively, "restricted areas"). The Rule does not prohibit smoking by residents; rather, it requires that residents who smoke do so at least 25 feet away from the buildings.
Prohibited tobacco products are defined as items that involve the ignition and burning of tobacco leaves, such as cigarettes, cigars, pipes, and water pipes (also known as hookahs). Hookahs are smoking devices that use coal or charcoal to heat tobacco, and then draw the smoke through water and a hose to the user. Both the heating source and the burning of tobacco are sources of contaminant emissions.
Interior common areas include but are not limited to: hallways, rental and administrative offices, community centers, daycare centers, laundry centers, and similar structures.
KHA bans the use of prohibited tobacco products in all public housing living units, interior common areas, and outdoor areas within 25 feet from public housing and administrative office buildings (collectively, "restricted areas").
The Smoke-Free Rule applies to all public housing units other than dwelling units in mixed-finance buildings. Under this Rule, "public housing" means low-income housing, such as community facilities, public housing offices, daycare centers, and laundry rooms assisted under the U.S. Housing Act of 1937 (the 1937 Act), other than assistance under section 8 of the 1937 Act.
1st violation - Written Warning and Cessation Materials.
2nd violation - Discussion of the smoking policy with the property manager, written notification of the violation which the resident must sign to show agreement to the terms of the lease that include termination after the policy is violated 3 times. This will be the final reminder.
3rd violation - Lease termination and Letter of Eviction.
Reasonable Accommodation Requests
Addiction to nicotine or smoking is not a disability. A PHA must still provide reasonable accommodations to persons with disabilities who smoke that are in compliance with the requirements of the PHA's smoke-free policies. Under section 504 of the Rehabilitation Act 5 of 1973 (and HUD's implementing regulations at 24 CFR part 8), Title II of the Americans with Disabilities Act, and the Fair Housing Act, PHAs are prohibited from discriminating, excluding from participation in a program, or denying the benefits of a program on the basis of disability and must make reasonable accommodations in their rules, policies, practices, and services.
KHA will provide reasonable accommodations to persons with disabilities who smoke that are in compliance with the requirements of KHA's smoke-free policies.