Sunday April 27, 2008

Danville Housing Authority to implement limited smoking ban

By HERB BROCK
herb@amnews.com

Danville City Commission isn't the only governing body in town in the midst of implementing a no-smoking policy. The Housing Authority of Danville is about to impose its own policy but on a much smaller scale.

While most of the public attention has been aimed at the commission, the housing authority board quietly has drafted its own no-smoking policy for its residential buildings. It will take effect June 1, barring an unforeseen avalanche of opposition from tenants.

The board wrote the policy in March and has given residents until the end of April to voice their opinions of it, said Executive Director Rachel White. The agency has received 15 calls and one letter, she said.

"Most of the response we've received has come from tenants who don't want to live in a smoke-free unit or building, but they also aren't opposed to tenants being able to live in a smoke-free unit or building," she said.

None of the respondents has asked for a tenants' meeting or to meet with the board.

When the policy takes effect in June, it will cover only five units, White said.

"The policy, at this point, will affect only one of our buildings and the five units in it," said White.

She noted that there are a total of 394 units in the numerous authority complexes in Danville, Junction City and Perryville. The total population living in housing authority units is about 700 people, she said.

The building that will be designated a smoke-free facility is in the McIntyre Homes complex off of Harding Street in Danville, White said. The structure is in the process of being gutted and renovated to ensure not only that all stains and smells from tobacco smoke have been removed but also that it is handicapped-accessible, she said.

"The board's decision to implement this policy is not in any way related to what the city commission is doing," she said. "It is directly related to our efforts to accommodate our handicapped and disabled tenants."

About two months ago, the housing authority received a letter from a disabled tenant whose physical condition required a smoke-free environment, White said.

"Under the Americans with Disabilities Act, the housing authority is required to make or provide any reasonable accommodations that will enable handicapped and disabled people to continue living independently," she said. "The board felt that the disabled person's request for an apartment in a smoke-free environment was reasonable."

Banning tobacco products

The board also decided at its March meeting that it needed to write and enact a no-smoking policy governing smoke-free units and buildings, White said.

The policy bans the smoking of cigars, cigarettes or other tobacco products or "similar lighted products" by tenants, members of their households, guests or visitors.

The ban applies to the unit, the building in which it is located, any common areas of the building, grounds that adjoin the building "or other parts of the rental community." White said "rental community" refers to a large complex, like Arnold Towers in Danville, not to all units, buildings or complexes operated by the authority.

"The policy was broadly written to encompass not only current conditions and the specific units and buildings where there soon will be a no-smoking policy but also the future conditions and facilities," she said.

The policy requires tenants in smoke-free facilities to inform their guests of the policy and to report in writing any incidents of smoke migrating into the tenant's unit from sources outside it.

The policy will be an addendum to the regular lease for tenants in units and buildings covered by the no-smoking policy, she said. Repeated incidents of smoking by tenants and visitors could constitute grounds for termination of the lease and eviction, she said.

White said residents of units and buildings not covered by the no-smoking policy should not fear any actions against them for smoking.

"Even though we are a public housing authority and rents are subsidized by the government, our apartments generally are considered private residents," she said. "They have lease agreements that establish their units as their private domains, although the leases ask the tenants to disclose their incomes and do require them to abide by certain rules. The no-smoking policy will be an additional rule for those tenants who live in smoke-free units and buildings."

"While the policy will affect only five of our 394 units when it is implemented in June, other units and buildings can be added in the future, depending on requests from tenants," White said. "And when that occurs, the no-smoking policies will be added to their leases as well."

White noted that a no-smoking policy has been in effect for several years covering the housing authority office, community rooms at two apartment complexes and Arnold Towers, and all housing authority vehicles.

"In addition, none of our employees is to smoke in any of our residential units as well as in the vehicles," she said.

Original Source:  http://www.amnews.com/public_html/?module=displaystory&story_id=40382&edition_id=1480&format=html