SMOKE FREE HOUSING 

Have your residents started asking you questions about smoke-free housing? 

Smoking will no longer be allowed inside public housing starting on July 31. The ban from U.S. Housing and Urban Development (HUD) was announced back in November 2016 but gave Public Housing Agencies (PHA) until July 31, 2018 to comply.

Local media has been reporting information about this change and some of you have called for help addressing resident inquiries.

Please keep in mind, PHA rules don’t necessarily affect HUD’s Multifamily Housing programs. 

The Smoke-Free Rule applies to all Public Housing units other than dwelling units in mixed-finance buildings. Under this rule, “Public Housing” means low-income housing, such as community facilities, Public Housing offices, day care centers, and laundry rooms that are part of properties assisted under the U.S. Housing Act of 1937 (the 1937 Act), other than assistance under Section 8 of the 1937 Act.

PIH Notice 2017-03: HUD Guidance on Instituting and Enforcing Smoke-Free Public Housing Policies provides additional information about the rules for Public Housing. 

HUD has strongly encouraged voluntary adoption of smoke-free policies by owner/agents of federally subsidized Multifamily properties for years.

On September 15, 2010 HUD issued Housing Notice 2010-21 Optional Smoke-Free Housing Policy Implementation. On October 26, 2012, HUD issued Housing Notice 2012-22 Further Encouragement for O/As to Adopt Optional Smoke-Free Housing Policies. These two Notices apply to:

  • Project-based Section 8
  • New Construction
  • State Agency Financed
  • Substantial Rehabilitation
  • Section 202/8
  • Rural Housing Services Section 515/8
  • Loan Management Set-Aside (LMSA)
  • Property Disposition Set-Aside (PDSA)
  • Rent Supplement
  • Section 202/162 Project Assistance Contract (PAC)
  • Section 202 Project Rental Assistance Contract (PRAC)
  • Section 811 PRAC
  • Section 811 Project Rental Assistance Demonstration units under a Rental Assistance Contract
  • Section 236
  • Rental Assistance Payment (RAP)

Section 221(d)(3) Below Market Interest Rate (BMIR) While these two Notices provide encouragement to implement Smoke-free Housing, owner/agents of properties with the above-mentioned Multifamily Housing contracts are not required to implement Smoke-free Housing policies based on these two Housing Notices.
 
If you’re interested in an RBD Online Training Workshop that discusses implementing Smoke-free Housing for a Multifamily Housing property, let us know. (You can just reply to this email.) If there is enough interest, we’ll consider adding a class to the calendar.