maine landlord disclosure law webinar 11-17-11

Maine’s New Secondhand Smoke Disclosure LawNovember 17, 2011

Webinar Tips:◦ Participants will be muted throughout.

◦ We will answer questions at the end – please enter them into the text box as they come up.

◦ Powerpoint slides will be uploaded to www.slideshare.net/breatheeasy by Nov 21.

Welcome

The Smoke-Free Housing Coalition of Maine is a non-profit organization comprised of more than 50 public health advocates, tenants, landlords, property managers, environmental health

professionals, legal professionals and many others supporting and advocating for

voluntary smoke-free housing policies.

The Smoke Free Housing Coalition is a program of the Breathe Easy Coalition of Maine.

About Us

Disclosure Law Review

Smoke-Free Housing Policy Overview

Support Tools from the Coalition

Questions

Agenda

An Act To Improve Awareness of Smoking Policies in Maine Rental Housing

Signed into Law by Gov. LePage on June 2nd

Took effect on September 28th 2011

Full law language: http://www.mainelegislature.org/legis/bills/bills_125th/chapters/PUBLIC199.asp

Public Law 2011, Chapter 199

“…A landlord who or other person who on behalf of a landlord enters into a lease or tenancy at will agreement for residential premises that are used by a tenant or will be used by a potential tenant as a primary residence shall provide to the tenant or potential tenant a smoking policy disclosure that notifies tenants or potential tenants of the landlord's policy regarding smoking on the premises.... The notice must state whether smoking is prohibited on the premises, allowed on the entire premises or allowed in limited areas of the premises. If the landlord allows smoking in limited areas on the premises, the notice must identify the areas on the premises where smoking is allowed. A landlord or other person who acts on behalf of a landlord may notify a tenant or potential tenant of a smoking policy by: (1) Disclosing the smoking policy in a written lease agreement; or (2) Providing a separate written notice to a tenant or potential tenant entering into a tenancy at will agreement….”

What does the law say?

Starting September 28, 2011, Maine property owners and managers are required to notify tenants, in writing, about where smoking is allowed, if anywhere, on the property. 

This requirement is similar to other Maine disclosure laws around bedbugs and energy efficiency.

What does this law mean for landlords?

This law does not require property owners and managers to change their current policies.

It does provide an opportune time to adopt a smoke-free policy but you are not required to change any practices, simply to notify tenants of your house rules.

What does this law mean for landlords?

Notify tenants, before they enter into a lease agreement, about where smoking is allowed.◦ Must identify if:

Smoking is prohibited on the entire property Smoking is allowed on the entire property* Smoking is allowed in designated or limited areas of

the property*

*Maine law prohibits smoking in common areas of multi-unit housing buildings, such as hallways, laundry rooms, stairwells and other common use indoor areas.

How can Property Owners and Managers Comply?

Disclosure must be in writing – either as a provision in the lease agreement or as a separate written document.

Both the landlord and the tenant must sign the document to acknowledge the non-smoking/smoking policy.

How can Property Owners and Managers Comply?

A standard disclosure form is not required.

If you already have a written 100% smoke-free housing policy in place– simply ensure that the tenant has expressly initialed the non-smoking statement.

If you don’t currently have language around smoking in your lease agreement, you will need to add language. ◦ Consider our disclosure form template as a place to

start

How can Property Owners and Managers Comply?

If smoking is allowed in some units of a building and not others, it is not a smoke-free building and must be disclosed as such.

If you don’t want people smoking in your units, but do not have a written policy, then you must disclose that smoking is allowed.

If you own multiple buildings and some are smoke-free and some are not, you will need two separate disclosure statements to meet the law requirements.

How can Property Owners and Managers Comply?

How can Property Owners and Managers Comply?

This law doesn’t require you to use a written lease agreement but you still need to notify all tenants in writing of your current smoking policy.

If the notification is made and both the landlord and tenant sign off in acknowledgement of the policy – the law requirement has been met.

What if I don’t have a written lease agreement with my tenants?

No, you are not required to post signage.

However, posting signs are a beneficial way to improve awareness and compliance with your non-smoking policy.

Do I have to post signs notifying tenants and guests of my policy?

Ensuring tenants are aware of your property’s smoking policy can help you avoid the tenant complaints related to your chosen policy.

Adopting smoke-free housing policies is legal but many landlords don’t know that – this law helps to clarify your options under the law.

How Does This Law Benefit Property Owners and Managers?

Smoke-Free Housing Isn’t• About targeting people who smoke or making

people quit• About evicting people who smoke

Smoke-Free Housing Is• Saving property owners/managers money

• About the smoke, not the smoker• Providing healthy indoor air for all residents of

multi-unit housing• Protecting the integrity of multi-unit buildings

Myths vs. Realities about Smoke-Free Housing

• Fire Danger• Property Damage• Turnover savings• Insurance savings• Happier & healthier tenants• Liability• Tenants prefer smoke-free housing

Why Should Property Owners Adopt 100% Smoke-Free Policies?

Smoke-free housingpolicies save you money!

Studies have shown that unit turnover costs are 2-7 times more expensive when smoking was allowed in the unit.

Some insurance companies will award discounts on comprehensive fire casualty plans for being 100% smoke-free.

What Property Owners/Managers Need to Know

Most tenants want smoke-free housing:

7 out of 10 Maine tenants would prefer to live in a smoke-free unit

In fact, 43% said they would be willing to pay MORE to be in a smoke-free building

What Property Owners/Managers Need to Know

Smoke-free environments are becoming the norm rather than the exception

48% of all Maine rental housing is smoke-free

100% of Maine’s Public Housing Authorities have a smoke-free housing policy

What Property Owners/Managers Need to Know

Smoke-free policies are healthy choices for your building and tenants:◦ There is no risk free level of exposure to

secondhand smoke.

◦ Up to 65% of air is exchanged between units – tobacco smoke toxins move with this air and can be harmful to the health of neighbors.

◦ Smoking is the leading cause of residential fire

death in Maine and the US.

What Property Owners/Managers Need to Know

Smoke-free policies are legal, justified and supported by HUD

What Property Owners/Managers Need to Know

Smoke-free policies are free way to go green and creating healthy housing

What Property Owners/Managers Need to Know

Disclosure Law FAQ Template disclosure form Template smoke-free lease addendums and

policy language with disclosure statements Available to answer additional questions

about the disclosure law

Available at www.smokefreeforme.org or by contacting the Coalition

Disclosure Law Resources

Free signage, window clings and other materials Sample smoke-free leaseaddendums and policy language Fact sheets Implementation and enforcement tips Free technical assistance for adoption and

implementation

Available at www.smokefreeforme.org or by contacting the Coalition

Smoke-Free Housing Resources

Smoke-Free Housing Coalition of Maine(207)874-8774info@smokefreeforme.org

www.SmokeFreeforME.orgLike us on Facebook:

www.facebook.com/smokefreeforme View Past Presentations:

www.slideshare.net/breatheeasy Free Housing Registry:

www.MaineHousingSearch.org

Questions?