[Federal Register Volume 77, Number 193 (Thursday, October 4, 2012)]
[Notices]
[Pages 60712-60714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24430]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5597-N-01]
Request for Information on Adopting Smoke-Free Policies in PHAs
and Multifamily Housing
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner and Office of the Assistant Secretary for Public and
Indian Housing, HUD.
ACTION: Request for information.
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SUMMARY: This notice seeks information and invites public comment
regarding how HUD can best continue to support the implementation of
smoke-free policies for both public housing and multifamily housing. In
this regard, HUD is seeking information from the general public and
stakeholders, including resident councils, advocacy groups, and housing
providers, directly impacted by or involved with the implementation of
smoke-free policies in both public housing and multifamily programs.
Specifically, HUD is seeking information on best practices and
practical strategies from housing providers who have implemented smoke-
free policies, ideas for overcoming potential obstacles to implementing
a smoke-free policy and methods for supporting residents, and housing
providers in transitioning to smoke-free housing. Additionally, this
notice requests input from housing providers that have decided not to
implement a smoke-free policy and those impacted by that decision. This
information will assist HUD to develop and disseminate additional
guidance and resources to support public housing agencies (PHAs) and
owners and management agents (O/As) who wish to implement smoke-free
policies.
DATES: Comments Due Date: November 5, 2012.
ADDRESSES: Interested persons are invited to submit comments responsive
to this request for information to the Office of General Counsel,
Regulations Division, Department of Housing and Urban Development, 451
Seventh Street SW., Room 10276, Washington, DC 20410-0001.
Communications must refer to the above docket number and title and
should contain the information specified in the ``Request for
Comments'' of this notice.
Submission of Hard Copy Comments. To ensure that the information is
fully considered by all of the reviewers, each commenter submitting
hard copy comments, by mail or hand delivery, should submit comments or
requests to the address above, addressed to the attention of the
Regulations Division. Due to security measures at all federal agencies,
submission of comments or requests by mail often result in delayed
delivery. To ensure timely receipt of comments, HUD recommends that any
comments submitted by mail be submitted at least 2 weeks in advance of
the public comment deadline.
Electronic Submission of Comments. Interested persons may submit
comments electronically through the Federal eRulemaking Portal at
http://www.regulations.gov. HUD strongly encourages commenters to
submit comments electronically. Electronic submission of comments
allows the commenter maximum time to prepare and submit a comment,
ensures timely receipt by HUD, and enables HUD to make them immediately
available to the public. Comments submitted electronically through the
http://www.regulations.gov Web site can be viewed by interested members
of the public. Commenters should follow instructions provided on that
site to submit comments electronically.
No Facsimile Comments. Facsimile (FAX) comments are not acceptable.
Public Inspection of Comments. All comments submitted to HUD
regarding this notice will be available, without charge, for public
inspection and copying between 8 a.m. and 5 p.m. weekdays at the above
address. Due to security measures at the HUD Headquarters building, an
advance appointment to review the documents must be scheduled by
calling the Regulations Division at 202-708-3055 (this is not a toll-
free number). Copies of all documents submitted are available for
inspection and downloading at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Shauna Sorrells, Director, Public
Housing Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 7th Street SW., Room 4232,
Washington, DC 20410-4000, telephone number 202-402-2769 (this is not a
toll-free number) or Catherine Brennan, Director, Office of Housing
Assistance and Grant Administration, Office of Housing, Department of
Housing and Urban Development, 451 7th Street SW., Room 6134,
Washington, DC 20410-4000, telephone number 202-708-3000 (this is not a
toll-free number). Persons with hearing- or speech-impairments may
access this number through TTY by calling the toll-free Federal Relay
Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
In 2009, HUD issued PIH Notice 2009-21 \1\ in which it strongly
encouraged PHAs to adopt smoke-free policies in some or all of their
public housing units. In 2010, HUD issued Housing Notice 2010-21 \2\ in
which it encouraged O/As to implement smoke-free housing policies in
one or all of the properties they own or manage. Both notices stated
that cigarette smoking is the number one cause of preventable disease
in the United States and that secondhand smoke, also known as
environmental tobacco smoke (ETS) and which may be involuntarily
inhaled by nonsmokers, can migrate between units in multifamily
properties, and cause respiratory illness, heart disease, cancer, and
other adverse health effects for housing residents and employees. The
notices also referenced studies that reviewed smoking-material fires
and that concluded that smoking is the leading cause of fire deaths in
multifamily properties.\3\
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\1\ Available at: http://www.hud.gov/offices/adm/hudclips/.
\2\ Available at: http://www.hud.gov/offices/adm/hudclips/.
\3\ Citing U.S. Fire Administration, Residential Structure and
Building Fires, (October 2008), www.usfa.dhs.gov/downloads/pdf/publications/Residential_Structure_and_Building_Fires.pdf.
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PIH Notice 2009-21 also referenced a case study produced by the
Sanford Maine Housing Authority that concluded that smoke-free units
are less expensive to turn over for new residents, due to a lack of
damage to carpets, stains on walls and damage to other interior spaces
and finishes caused by smoke and burn marks.\4\ PHAs and O/As may also
be able to negotiate for reduced insurance rates based on decreased
fire risks in smoke-free buildings, increasing the potential savings
from instituting smoke-free policies.
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\4\ Sanford Maine Housing Authority Case Study, http://www.smokefreeforme.org/landlord.php?page=Save+Money%2C%3Cbr%3ESave+Your+Building.
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As of January 2011, over 225 PHAs have adopted smoke-free policies
in some or all of their units. HUD has also received a substantial
amount of correspondence from residents, PHAs, O/As, governmental
agencies and advocacy groups requesting additional guidance on how
housing providers can implement smoke-free policies. On May
[[Page 60713]]
29, 2012, HUD in partnership with the American Academy of Pediatrics,
the American Lung Association and the U.S. Department of Health and
Human Services issued a ``Smoke Free Housing Toolkit'' to assist PHAs,
O/As and residents of public and assisted multifamily housing who want
safer and healthier homes. The ``Smoke Free Housing Toolkit'' contains
information on health effects of smoking, a synopsis of the Surgeon
General's 2006 report of the harmful effects associated with exposure
to secondhand smoke and other resources helpful for residents, and
housing providers.
In light of the above, HUD is seeking public comment from the
general public, PHAs, O/As, public housing residents, multifamily
housing residents and other stakeholders to help inform HUD on how best
to support housing providers and residents in their voluntary
implementation of smoke-free policies while continuing to serve HUD's
core mission of housing low-income families. HUD must carefully balance
the interests of such policies with the need for low income residents
to have decent, safe and affordable places to live.
II. Request for Information
HUD's purpose in requesting this information is to provide a
meaningful opportunity for stakeholders as well as the general public
to assist HUD in its development of useful and effective guidance to
support the implementation of smoke-free policies in both public
housing and multifamily housing. Therefore, in advance of issuing
additional guidance and resources, HUD invites interested parties to
provide detailed comments on all aspects of this issue. In addition,
HUD is providing the following list of topics and questions to which it
is seeking substantive responses, including rationales and explanations
for the answers provided.
1. Benefits, Risks and Costs of Implementing a Smoke-Free Housing
Policy
a. What benefits support the implementation of a smoke-free policy?
For PHAs and O/As that have transitioned, were there any unanticipated
quantifiable and qualitative benefits from implementing a smoke-free
policy?
b. Should a minimum percentage of residents support implementing a
smoke-free policy before the PHA or O/A implements such a policy? For
PHAs and O/As that have transitioned, what percentage of residents
wanted a smoke-free policy? How was this percentage determined?
c. What are the greatest risks or costs to implementing a smoke-
free policy? For PHAs and O/As that have transitioned, what, if any,
were the unintended consequences from implementing a smoke-free policy?
d. How can the benefits, risks and costs of a smoke-free policy be
measured or tracked? For PHAs and O/As that have transitioned, are the
benefits, risks and costs of implementing a smoke-free policy being
measured or tracked and, if so, how and what are the results?
e. What costs might be incurred or monetary savings realized if the
PHA and O/A transitioned to smoke-free housing? For example, are
savings available on insurance rates or on unit turnover? How can these
costs and savings be calculated? For PHAs and O/As that have
transitioned, what were the actual short-term and long-term costs and
savings resulting from the transition?
f. For PHAs and O/As that have considered implementing a smoke-free
policy but have decided against doing so, what were the reasons for
deciding not to move forward? Did the PHA or O/A that did not implement
a smoke-free policy choose instead to make improvements or adjustments
to housing units to reduce the migration of smoke between units, and if
so, what were the associated costs?
2. Initial Policy Development and Implementation
a. What roles should PHA or O/A management, maintenance staff and
resident representatives play in developing and implementing a smoke-
free policy?
b. For PHAs and O/As that have implemented a smoke-free policy,
what roles did residents, local groups (e.g., Health Departments,
health care providers or Federally Qualified Health Centers), smoking
cessation and healthy living programs play in initiating, developing
and implementing a smoke-free policy?
c. For PHAs and O/As that have implemented a smoke-free policy,
beginning with the initial planning period, how long did it take to
implement the smoke-free policy? Was the policy initiated by management
or by residents? What were the steps in the process, and how long did
each take? What steps were taken to engage residents, including
residents with disabilities (e.g., persons with vision, hearing or
mobility impairments) and residents with limited English proficiency,
before implementing a smoke-free policy?
d. How was the policy communicated to residents? How long after
notifying the residents was the policy implemented? Was that sufficient
notice, and if not, what would be sufficient notice?
e. What are the major elements of a smoke-free policy? For PHAs and
O/As that have implemented smoke-free policies, have any changes been
made to the policy due to unanticipated consequences? If so, in what
ways has the policy changed?
f. What are the most challenging obstacles to implementing a smoke-
free policy and how might they be overcome? For PHAs and O/As that have
implemented smoke-free policies, what were the most challenging
obstacles encountered and how were they addressed?
g. Currently, HUD encourages PHAs to revise their lease agreements
to reflect any new smoke-free policy and asks O/As to make these
revisions in their house rules. Should the PHA and O/A be required to
amend resident leases or house rules if they implement a smoke-free
policy? If so, how and when should the leases or house rules be
amended? For PHAs and O/As that have implemented smoke-free policies,
were leases or lease addendums (house rules) amended?
3. Policy Enforcement
a. How should smoke-free policies be enforced? What should the
consequences of violating the smoke-free policy be? How should the
consequences of violating the smoke-free policy be communicated to
residents? For PHAs and O/As that have implemented smoke-free policies,
what are the consequences if residents violate the policy, what
enforcement mechanisms are used and what are the barriers to using the
available enforcement mechanisms? For PHAs or O/As that have pursued
evictions for failure to comply with the smoke-free policy, have any
residents been evicted, and if so, how many times had the resident
violated the smoke-free policy before it was considered a serious
violation of the lease or house rules?
b. Should residents who smoked before the implementation of the
policy be allowed to continue to smoke until they move out or for a
specific period of time (i.e., grandfathering)? If existing residents
are ``grandfathered'' under the policy, how long should they continue
to be allowed to smoke in their units?
c. Should residents affected by the smoke-free policy be offered
other housing alternatives if the residents cannot or will not comply
with smoke-free policies? For PHAs and O/As who
[[Page 60714]]
implemented smoke-free policies, how were residents who were unable to
leave their unit to smoke accommodated? For PHAs and O/As that have
implemented a smoke-free policy, what are the greatest challenges to
enforcing a smoke-free policy? What steps are being taken to overcome
those challenges?
4. Resources for Policy Implementation
a. For PHAs, O/As and residents that have used the ``Smoke Free
Toolkit,'' how was the toolkit utilized and are there additional
resources that should be added?
b. What resources are available from the community or state to help
residents transition to a smoke-free policy, and do they include
cessation counseling or nicotine substitutes (e.g., tobacco patches,
lozenges, nicotine gum)?
c. For PHAs and O/As that have implemented a smoke-free policy,
what resources would have been helpful, but were not provided? In cases
where nicotine substitutes or other smoking cessation resources (e.g.,
counseling) were provided, were the resources successful in helping
ensure the policy was followed? What, if any resources were obtained
from tobacco control advocates or health care providers?
Dated: September 26, 2012.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian Housing.
Carol J. Galante,
Acting Assistant Secretary for Housing--Federal Housing Commissioner.
[FR Doc. 2012-24430 Filed 10-3-12; 8:45 am]
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