Smoke-Free Policy
The U.S. Department of Housing and Urban Development (HUD) established a Smoke-Free Rule which became effective on February 3, 2017. This Rule is intended to improve indoor air quality, benefit the health of public housing residents and FHA staff, reduce the risk of fires, and lower overall maintenance costs. The Rule does not prohibit smoking by residents; rather it requires that residents who smoke follow the FHAs Smoke-Free policy.
November 2012, the Fulton Housing Authority adopted a Non-Smoking Policy for all residents moving into Public Housing Units. The November 2012 Non-Smoking Policy does not meet the requirements of HUDs Smoke-Free Rule, therefore, the Fulton Housing Authority was required to establish a new policy. The FHA Smoke-Free Policy went into effect on December 1, 2017 and applies to everyone including staff, residents and guests. The FHA promotes a Smoke-Free environment and signage will be posted. Information on smoking cessation and resource web sites will be provided to residents.
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The FHA Smoke-Free Policy
The FHA Smoke-Free Policy bans the use of prohibited tobacco products and electronic nicotine delivery systems (ENDS) on/in Fulton Housing Authority property.
- 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)
- Fulton Housing Authority property includes ALL rental property units, administrative offices, community centers (350 Sycamore and 300 Pioneer), day care center, laundry area, maintenance shop, playgrounds, sidewalks, parking lots, grounds, FHA vehicles and FHA private street(s)
4 Step Enforcement Procedure for Residents:
- Staff will send the resident a gentle reminder of the smoking ban & a copy of lease addendum
- Staff will set a mandatory meeting with the resident in violation to discuss the policy. If resident fails to attend, a lease violation 30-day termination notice will be sent and a $50.00 monetary fine will be applied to the resident’s account. Resident can request a grievance hearing.
- A $50.00 monetary fine will be applied to the resident’s account.
- A 30-day notice of termination will be sent and a $75.00 monetary fine will be applied to the resident’s account. Resident can request a grievance hearing.
FHA Disclaimer
The resident acknowledges that the adoption of a smoke-free environment does not in any way change the standard of care that the FHA has under applicable law to render the property any safer, more habitable or improved in terms of air quality standards than any other rental property. The FHA cannot and does not warranty or promise that the property will be free from second hand smoke.
The resident acknowledges that the Housing Authority’s ability to police, monitor or enforce this policy is dependent in significant part on voluntary compliance by the residents and resident’s guests. Residents with respiratory ailments, allergies or other conditions relating to smoke are put on notice that the FHA does not assume any higher duty of care to enforce this policy than any other Landlord obligation under the rental agreement.