HAMC Smoke-Free Policy

1. As of January 1, 2017, all HAMC properties converted to smoke –free. This means smoking is prohibited in any indoor area on the property, including the apartment dwelling units.  Some properties have a designated smoking area.
2. This policy applies to all current and new residents, all employees, and all guests at all times.
3. Failure of any resident or guest of a resident to follow the smoke-free policy will be considered a lease violation and treated as such under the original terms of the lease. Repeated lease violations may result in termination of the resident’s lease.

A resident household will be determined to be in violation of the smoke-free policy if:

• A HAMC staff member witnesses a tenant, tenant’s guest, family member, service provider, or other person smoking inside an apartment unit.
• A HAMC staff member witnesses a lighted smoking product in an ashtray or other receptacle inside an apartment unit.
• Damages to the interior of HAMC owned property are the result of burns caused by smoking products, including burns to resident owned property.
• There is evidence of smoking in a unit, such as cigarette or other smoking product smells, smoke clogged filters, and smoke film including smoke damage to walls.
• There are repeated reports to HAMC staff of violations of this smoke-free policy by third parties.
• Plumbing is clogged caused by a smoking product or products.
• There is evidence of ashes on any surface in an apartment unit.

HAMC staff will enforce the smoke-free policy according to the following procedures, except when a violation causes a fire.  In this case, the resident will be evicted in conformance with Rules and Regulations of the Lease Agreement.

 

HAMC staff will follow a progressive course of lease enforcement actions in implementing the smoke free-policy.

1^st Offense:  Staff will send the resident a written reminder of the smoke-free policy, including a copy of the smoke-free addendum.

2^nd Offense: Staff will send the resident a written notice of a mandatory conference to discuss the smoke-free policy and repeat violation.  If resident fails to attend the conference, he/she will receive a lease violation notice.

3^rd Offense:  The resident will be issued a written lease violation.

4^th Offense: The resident will be issued an eviction notice to terminate the lease agreement.

4. “No smoking” signs will be posted inside and outside common area buildings.
5. If a resident smells tobacco smoke in any place in the buildings), he or she shall report this to the property management office as soon as possible.
6. Resident acknowledges the adoption of a smoke-free living environment and efforts to designate the property as smoke-free do not make the Property Manager/Owner of any of its managing agents the guarantor of Resident’s health or of the smoke-free condition of the Resident’s unit and the common areas. However, the Property Manager/Owner shall take reasonable steps to enforce the smoke-free terms of the Lease.  Property Manager/Owner is not required to take steps in response to smoking unless Property Manager/Owner knows of said smoking or has been give written notice of said smoking.
7. A breach of this Lease Addendum shall give each party all the rights contained herein, as well as the rights in the Lease. A material breach of this Addendum shall be a material breach of the lease and grounds for immediate termination of the Lease by the Property Manager/Owner.
8. Resident acknowledges that the adoption of a smoke-free living environment and the efforts to designate the property as smoke-free do not in any way change the standard of care that management would have to a Resident household to render buildings and units designated as smoke-free any safer, more habitable, or improved in terms of air quality standards than any other property. Management specifically disclaims any implied or express warranties that the building, common areas, or Residents unit will have any higher or improved air quality standards than any other property.   Management cannot and does not warranty or promise that the premises or common areas will be free from secondhand smoke.  Resident acknowledges that management’s ability to police, monitor of enforce the agreements of this Addendum is dependent in significant part on voluntary compliance by Resident and Resident’s guests.   Residents with respiratory ailments, allergies, or any other physical or mental condition relating to smoke are put on notice that management does not assume any higher duty of care to enforce this addendum than any other management obligation under the Lease.