ASH information:
Smokefree multi-unit housing

Laws on smokefree flats, units, public and community housing vary between countries and between Australian states/territories. But the trend is towards adopting smokefree policies and making available more smokefree multi-unit housing options. There's an increasing demand for this, as people become more aware of secondhand smoke health risks and less tolerant of smoke contaminating their homes. 
 
AUSTRALIA- LATEST NEWS       SMOKEFREE STRATA BYLAWS    COMMUNITY HOUSING
RETIREMENT VILLAGES      LATEST RESEARCH     INTERNATIONAL DEVELOPMENTS
RESOURCES - factsheets, legal precedents, making complaints, signage

TAKE ACTION NOW!  
Sign  online petition  urging NSW government in its  strata law review
to protect strata residents and define tobacco smoke in legislation as a nuisance and hazard
See community service TV announcement about this campaign

Why multi-unit housing should be smokefree  - one-page pdf factsheet

Poisoned by smoke in our own homes    Just some experiences of multi-unit residents

 

ASH Australia’s online resource Smokefree multi-unit housing: a guide for owners, tenants, agents, authorities and governments   Straightforward, step-by-step guide to taking action for 100% smokefree multi-unit dwellings. Includes:   - Secondhand smoke health  evidence - Making a complaint; other action for better protection - Sample action logs and smokefree strata bylaws - Successes and personal story - Worldwide developments - Next steps and resources

AUSTRALIA - LATEST NEWS

Challenge to ACT smokefree strata bylaw is withdrawn
January 2013: The first known smokefree strata bylaw in the ACT has survived after a challenge in the ACT Civil and Administrative Tribunal (ACAT) was withdrawn. The bylaw was adopted in September 2012 by the owners' corporation of the Eden Complex in the Canberra suburb of Garran, with the single dissenting owner first mounting and then withdrawing the ACAT challenge.  Text of bylaw and others

NSW strata law consultation ends - public call for smokefree units
2012: Public consultation ends on NSW Dept of Fair Trading review of strata law - many submissions calling for better protection of residents against smoke drift. This was the single biggest concern expressed in stage one of the review. Consultation - first stage report, April 2012   pp. 76-77    ASH media release  14/5/12      ASH submission  ASH and partners, and many residents, made submissions stressing urgency of protecting people from toxic contamination of their homes. SMH Domain 10/11/12  with ASH comment   NSW government will now review submissions and consider legislation in 2013.  
NSW strata law review  and discussion paper  - see especially p. 55     ASH submission to stage 2    
STILL OPEN: online petition to NSW government       

Lung cancer survivor launches smokefree flats campaign
2011: A man who developed lung cancer after repeated exposure to secondhand smoke in his flat calls for stronger action for smokefree multi-unit housing. Barrister, surf champion and lifelong non-smoker Peter Lavac launched ASH Australia's online guide to Smokefree multi-unit housing – calls for legislative, policy and practice reforms to prevent smoke drift into people’s homes.  ASH media release 16/12/11     7 Today Tonight report with Peter Lavac and ASH comment    ABC news report with ASH Chairman comment

Property investment magazine backs smokefree reforms
2011:  Smokefree policies for multi-unit dwellings are a good idea, says Australian Property Investor  magazine. They would improve health of residents and would also be "extremely beneficial for those with investment properties that are units."  See  API blog 20/4/11 

Owners take action -  as demand grows for smokefree flats  April 2011:  An eight-unit block of flats in Ashfield, western Sydney, has a by-law making the premises 100% smokefree, as demand grows for smokefree high density and shared accommodation.  See  Sydney Morning Herald "Domain" online report 2/4/11 including ASH Australia comment....  Owners say: "No downside" to policy.  See full Domain feature  pt 1  and  pt. 2   More discussion at  Flat Chat See the Ashfield block's smokefree bylaw below under SMOKEFREE STRATA BYLAWS

SMOKEFREE STRATA BYLAWS

Garran, Canberra suburb, 2012
The first known smokefree bylaw in the ACT was adopted by the Eden Complex owners' corporation 19/9/12 and stands after a challenge in ACT Civil and Administrative Tribunal was withdrawn:

The owner or occupier of a unit must not smoke nor allow smoking within a unit or within the common property, nor allow any invitee to the unit to smoke within the unit or upon the common property.

Several strata corporations in NSW have enacted smokefree bylaws - from as early as 2007. Some were in response to the decision in the Highgate case (see Legal Precedents below).  Examples:

Randwick, eastern Sydney, 2012
Strata Plan 6979, adopted by residents of strata block:

SPECIAL BY-LAW 5: SMOKING
You must not smoke tobacco within a lot, any part of the common property or the strata boundaries so that the smoke or odour enters another unit or common property, which might cause a nuisance or hazard to a resident.

This by-law puts the onus properly on the smoker not to interfere with the rights of other residents - not (as too often treated by managers/authorities in smoke drift disputes) on those affected.

Rose Bay, eastern Sydney, 2012

Strata Plan no. 458, adopted unanimously by owners' corp, "Avalon", 97 O'Sullivan St Rose Bay:  

That the Avalon Owner's Corporation specially resolve pursuant to Section 47 of the Strata Schemes Management Act 1996  to make an additional by-law in the following terms:
SPECIAL BY-LAW: SMOKING ON THE PREMISES
1.  For the purposes of this by-law:  a. "smoke" means smoke, hold or otherwise have control over ignited tobacco or any other product that is intended to be smoked and is ignited;  b. "the property" means all lots and the common property of the strata scheme;   c. an owner of a lot, and a director or shareholder of a corporate owner shall be an occupier of that lot if he or she resides in the lot.
2.  An owner or occupier of a lot must not smoke, or allow any one else to smoke, within a lot or the common property.
3.  If a person, not being an owner or occupier of a lot, smokes in the lot the occupier of the lot breaches this by-law unless:   a. the occupier did not know, or could not reasonably be expected to have known, that the person was smoking in the lot; or  b. upon becoming aware that the person was smoking in the lot, the owner or occupier asked the person smoking to cease smoking immediately or to leave the property immediately, and the person did so.
4.  If a person, not being the owner or occupier of a lot, smokes in the common property, the person, being an owner or occupier of a lot, who invited that person into the common property or with whose permission the person remains on the common property breaches the by-law unless:  a. he or she did not know, or could not reasonably be expected to have known, that the person was smoking in the common property; or b. upon becoming aware that the person was smoking in the common property the owner or occupier asked the person smoking to leave the property immediately, and the person did so.
5.  This by-law does not prohibit smoking within the property by a person who, on the basis that the person smoked regularly before this by-law was made, has obtained the consent of the Owners Corporation in writing to smoking, provided:  a.  the person resides in the property;  b. the person does not smoke on outside common property within the building or at a location visible from a  public street;  c. the smoke generated by the person's smoking is not discernable in a lot, and does not enter any wall air ventilation fittings serving the building;  d. the person complies with any other conditions that the Owners Corporation may place upon its consent.
6.  The Owners Corporation may place conditions upon a consent given by it pursuant to paragraph 5. The recipient of the Owners Corporation's consent must comply with such conditions.

Wollstonecraft, northern Sydney, 2011
Strata bylaw unanimously adopted September 2011: 

BYLAW PROHIBITING SMOKING ON THE PREMISES
(i) The owner or occupier of the lot must not smoke nor allow smoking within a lot or within the common property.
(ii) Without limiting para (i), the owner or occupier of a lot must not allow any invitee to his lot to smoke within the lot or upon the common property.  
The Owners' Corporation chair commented: 

Some owners were initially concerned that it might decrease their property values, but after discussion, they now think it could actually enhance the value because most potential buyers would be happier not being exposed to other people's smoke.

Kensington, southeastern Sydney, 2011
Adopted by owners of a block of flats in the eastern Sydney suburb of Kensington:

SPECIAL BYLAW NUMBER 5: SMOKING
n accordance with Strata Schemes Management Act 1996, Sections 47, 117, 45: 
1  The proprietor or occupier of a lot must not smoke nor allow smoking within a lot or within the common property.
2  Without limiting para 1, the proprietor or occupier of a lot must not allow any invitee to smoke within his / her lot or upon common property.
3  The Owners Corporation delegates to the strata managing agent responsibility for:
(a) The service of a notice, in a form approved by the Director-General, on the owner or occupier of a lot requiring the owner or occupier to comply if satisfied that the owner or occupier has contravened this by-law  and
(b) Commencing legal proceedings seeking Orders, requiring a person who fails to comply with a notice served in (a), to pay the statutory pecuniary penalty and any costs of the Owners Corporation in the proceedings.

Ashfield, western Sydney, 2009
Strata bylaw adopted by block in Ashfield, western Sydney (see story above):

BY-LAW PROHIBITING SMOKING ON THE PREMISES
(i) The owner or occupier of the lot must not smoke nor allow smoking within a lot or within the common property.
(ii) Without limiting para (i), the owner or occupier of a lot must not allow any invitee to his lot to smoke within the lot or upon the common property.  

Detailed ASH-drafted smokefree bylaw for NSW strata owners 
ASH, from legal sources, has drafted a more detailed bylaw that could be used as a basis by strata corporations under the NSW Strata Schemes Management Act 1996. A bit lengthy and NSW-specific but could easily be adapted for other jurisdictions or to suit a specific situation. A bylaw must be properly registered after qualified legal advice. You can use the ASH draft as a basis for framing your own by-law without our permission or acknowledgment of us. ASH draft bylaw

COMMUNITY HOUSING 

ASH would like to see community/public/social housing facilities made 100% smokefree in indoor areas. As a first step, community housing authorities and providers should move quickly to separate smoking from non-smoking buildings, offer smokefree options to public housing applicants, and implement effective dispute resolution with a priority on protecting health.  

Smokefree subsidised housing improves quit rate and smoke protection
February 2012: A study of over 400 subsidised housing residents in Portland, Oregon US shows improved quit rates and better protection from secondhand smoke after a smokefree building policy came into effect. Authors say the findings "support the efforts of housing providers and agencies... promoting smoke-free environments in multi-unit housing."  Abstract 

2005: Australia's largest landlord, the NSW Department of Housing, implemented smokefree policy after consultation with peak tenant groups. ASH had advocated with the Department after complaints of smoke drift in internal common areas. The policy included permanent "smoke free" signs in each unit block; no-smoking in all common areas; mediation and guidance for uncooperative smokers. See NSW Dept of Housing (2005)  SmokeFree Areas In Public Housing FactSheet 

RETIREMENT VILLAGES         ASH factsheet  (2011)

ASH would like to see all indoor and shared areas of retirement villages smokefree by law - since elderly people, especially those with heart, respiratory and other conditions, are especially vulnerable to acute health harm from secondhand smoke exposure. As an interim measure, owners/managers should ensure separation between smoking and non-smoking buildings.

In NSW, Under the Retirement Villages Regulation 2000, smoking is not permitted in any building (other than the premises of residents) or other enclosed parts of common areas.

LATEST RESEARCH   
and see latest  HEALTH RESEARCH  on harm from secondhand smoke

Concern over the right to smokefree housing is growing worldwide. Latest developments:

Smoke drift in units widespread for NSW adults and children
November 2012: Tobacco smoke exposure in multi-unit housing is widespread for NSW people over the age of 45 - and their children, says a new survey. The study, yet to be published, was drawn from data on over 160,000 people aged 45-64 years living in NSW. It found:

• Over 12,000 people aged 45-64 - including over 8,000 non-smokers - are routinely exposed to smoke in their homes for at least an hour per day.  
• Over 7,000 - including more than 3,800 non-smokers - routinely exposed for at least 8hrs/day.
• Multi-unit dwellers 19% more likely to be exposed than house-dwellers.
• Women significantly more likely to be exposed than men.
• People not employed or with lower education or income levels, with health concession cards or without health insurance,  cardholders, significantly more likely to be exposed.
• Over 2,500 multi-unit dwellers with children under 18 exposed for at least one hour a day - including more than 1200 for at least 8hrs a day.

Bonevski et al (2012), Exploring the relationships between exposure to second hand smoke (SHS), co-morbidities, housing status and socioeconomic status in the 45 and Up sample. Unpublished paper in preparation, 2012.

Children exposed to smoke face lifelong respiratory harm
May 2012: Children exposed to secondhand tobacco smoke face persistent respiratory harm extending well beyond childhood, says US medical study. It found risk of respiratory conditions persisted in later life whether or not the (almost 4000) subjects later became smokers. Science Daily 20/5/12 

US study points to smokefree units as social equity issue
April 2012: US study of 300+ multi-unit residents says social equity a potential benefit of smokefree buildings. Half the residents reported smelling smoke in their non-smoking units, 12% daily. Smoke incursions more likely in buildings without smoking restrictions, with children, or where low education or benefit-dependant. Authors: "total indoor smokefree policies in [multi-unit housing] may benefit groups with the highest rates of exposure."  Abstract 

Smokefree subsidised housing improves quit rate and smoke protection
February 2012: A study of over 400 subsidised housing residents in Portland, Oregon US shows improved quit rates and better protection from secondhand smoke after a smokefree building policy came into effect. Authors say the findings "support the efforts of housing providers and agencies... promoting smoke-free environments in multi-unit housing."  Abstract  

Smokefree laws could save strata owners millions
February 2012: A study in American Journal of Public Health finds implementing state-wide total smokefree multi-unit housing policies could save California’s multi-unit owners almost $17m Australian annually in cleaning, repairs and maintenance.  Abstract

Children at risk from smoke in flats
2010: Children in multi-unit housing are at higher risk from tobacco smoke and show significant exposure even if their own homes have no smoking, says a US study of over 5000 children. Authors suggest adoption of smokefree building policies.   Abstract

INTERNATIONAL DEVELOPMENTS

USA:  

California considers smokefree multi-unit bill
February 2013: Millions of Californians will be protected from secondhand smoke in multi-unit housing if a bill before the state legislature is passed. The bill would prohibit lighting up in all condominiums, duplexes and apartments. Mover Marc Levine says "Californians should be able to breathe clean air in their own homes... Whenever a neighbour lights up, everyone in the building smokes with them."    Tribune 27/2/13 

US Housing Dept considers smokefree policy
October 2012: The U.S. Department of Housing and Urban Development has called for public comment about making its multi-unit housing smokefree. Health leaders have called for a smokefree policy to protect residents, including children and the elderly. American Lung Association,Oct 2012

Smoking fire destroys 8 apartments
July 2012: A fire that wrecked eight apartments in Kansas City, USA, was believed caused by smoking.  Kansas City Star 1/7/12    More on  Smoking and fires

New York mayor wants multi-units to clear the air on smokefree status 
April 2012: New York Mayor Michael Bloomberg will move legislation requiring residential buildings to spell out their smokefree status to prospective owners and tenants. The move is endorsed by public opinion.  Wall St Journal 18/4/12

Hearing told secondhand smoke a public health nuisance
March 2012: A public hearing into a bill to make secondhand smoke in multi-unit housing a "legal nuisance" in the US state of Maryland has been told tobacco smoke is a significant public health hazard.    Testimony 9/3/12 from expert James Repace    ABC/7 (US) report on the bill 10/3/12

US public housing increasingly smokefree
2011: Public housing across the US is increasingly going 100% smokefree, as authorities move to protect residents from secondhand smoke health harm. New York Times 17/12/11

Concern grows over neighbours' smoke
2011:  A Los Angeles family driven from their flat by neighbours' smoke have raised concerns about health harm in multi-unit housing and intensifying calls for authorities to act.  CBS TV report 18/11/11   

Smokefree public housing call
2010: Paper in prestigious New England Journal of Medicine calls for Federal regulation to make public housing smokefree. Examination of policy options concludes "same legal, practical and health issues that have driven [smokefree workplaces and other places] militate in favour of extending similar protection to the vulnerable public-housing population." See the  paper

US city makes rental housing smokefree
2008: City of Calabasas, California USA, enacts smokefree law covering all rental housing - as well as all crowded public places, workplaces of any enclosure. Smoking limited to non-unit private dwellings and designated outdoor smoking areas. See Calabasas smokefree law

US city makes multi-unit residential buildings smokefree 
2007: US city of Belmont, near San Francisco, bans smoking in condominiums and apartments, including patios and yards. Covers any multi-floor, multi-unit building sharing common floors or ceilings - with fines up to US$1000. Property owners must insert no-smoking provisions in new or renewed leases.  See  report 11/10/07  

Canada:  

Residents move for smokefree apartments
2010: Residents of apartments and condominiums in Toronto are making increasing moves to get smokefree policies adopted in their buildings.  See  Toronto Star report 20/11/10   See  Smokefree Housing Ontario   and  Non-Smokers' Rights Association  sites for great information and resources.

Survey shows public support for smokefree housing
2008: A survey of people in flats and apartments in British Columbia has shown a strong demand for smokefree buildings. See Smokefree Housing BC   

NZ:

Wellington, NZ makes new housing complex smokefree 
April 2012: Wellington City Council has made its new Regent Park apartments in the suburb of Newtown 100% smokefree - and says the policy could be the first of many. The council is also mounting an education campaign to help housing complex residents to quit smoking. Radio NZ 19/4/12

RESOURCES

AUSTRALIA

ASH AUSTRALIA RESOURCES:        see also under Facebook pages below

Why multi-unit housing should be smokefree  
One-page pdf factsheet. The basic evidence, issues and advantages. Suitable for circulating to fellow residents, owners, managers or agents.

Why retirement villages should be 100% smokefree
ASH one-page factsheet suitable for circulating to retirement village residents, owners, managers.

Smokefree multi-unit housing: a guide for owners, tenants, agents, authorities and governments
Step-by-step ASH guide (2011) to taking action for 100% smokefree flats, apartments, units, townhouses, retirement villages, public/community housing. Secondhand smoke health  evidence; making a complaint, taking other actions to improve protection; sample action logs, smokefree strata bylaws; successes, personal story; worldwide developments; next steps, resources.

Health research
When advocating for improvements, it's always good to quote some of the latest  HEALTH RESEARCH  on harm from secondhand smoke.

The case for smokefree multi-unit housing: TV interview
Anne Jones of ASH interviewed on Channel 7 Sunrise, 26/5/12.  Sunrise interview

OTHER AUSTRALIAN RESOURCES:

Facebook pages  
If you're having a problem with smoke drift in your building, you're not alone. Share ideas and experiences with others. 

• Smoke Free Multi-Unit Housing Australia  - community page with ASH involvement
• No thank you, I don't want to share smoke from your apartment   - residents' page 
• Adelaide SmokeFree Homes - Adelaide residents' page
• ASH Facebook page 

Achieving smokefree apartment living
Online information kit for strata title accommodation owners, agents and tenants - from Cancer Council NSW. Includes action tips, FAQs, case studies and more. NSW-based but lots of generally useful info.

Consumer, Trader and Tenancy Tribunal (NSW)
NSW residents can make a complaint about smoke contamination of their accommodation to the Consumer, Trader and Tenancy Tribunal.  Have a look at the categories of housing covered, read factsheets and lodge an online  application for a hearing. 

Flat Chat
Info, advice and discussion  blog  on multi-unit housing issues. Flat Chat column has also been a regular in the Sydney Morning Herald Domain section.

Legal precedent: smoking declared a nuisance under NSW strata law
2006: Smoking legally a "nuisance" under NSW strata title law. Decision by Consumer, Trader and Tenancy Tribunal in "Highgate" case approves North Sydney owners' corporation preventing tenants smoking in their unit where smoke drifts into other units or common areas. No appeal against the decision - so it stands as legal precedent.   See the  decision  

NSW Health factsheet 
NSW Health Department has a factsheet on smoking in strata and community schemes here

NSW strata law review 2011-12
NSW strata law review  and  discussion paper  - see especially p. 55 - and ASH submission

Queensland Residential Tenancy legislation
Queensland's Residential Tenancies and Rooming Agreement Act 2008, chapter 3, Section 184 includes:  184.     Tenant’s use of premises
The tenant must not—
(a) use the premises for an illegal purpose; or
(b) cause a nuisance by the use of the premises; or
(c) interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant

Signage: these flats are smokefree
These signs on a block of Sydney flats show that the owners have made them smokefree - 
a legal decision and in the interests of residents and visitors.

  

INTERNATIONAL RESOURCES

Smokefree multi-unit housing initiative (US)
From the American Lung Association - evidence, suggested policies, campaign strategies. Resource

Californian smokefree housing ad
See excellent "Secondhand Sally" ad. TobaccoFreeCA

Canadian resources
Canada is a world-leading cource of best-practice smokefree housing developments.  See  Smokefree Housing Ontario   and  Non-Smokers' Rights Association  sites for great information and resources.

Page last updated 13/5/13