NO SMOKING POLICY & LEASE ADDENDUM
Policy: It is the policy of the Provincetown Housing Authority (PHA) to promote and enforce a “Smoke-free” living environment. To that end, the PHA will institute and enforce a No Smoking Policy for tenants of all PHA-owned properties. It is understood and acknowledged by the parties that this No-smoking policy shall not be used to disqualify any applicant to any PHA program or tenant of the PHA.
Applicability: This policy shall apply to all Tenants, members of Tenant’s family or household; to all guests/ employees/ service providers of Tenant and to any parties having business on the premises. Smokers who were tenants prior to the ban will be grandfathered and will be allowed to continue to smoke in their units. These tenants must be considerate of others around them. Referral information for smoking cessation programs will be provided by the PHA.
Lease Addendum: This addendum states the following additional terms, conditions and rules which are hereby incorporated into the Lease. A breach of this Lease Addendum shall give each party all the rights contained herein, as well as the rights in the Lease.
1. Purpose of No Smoking Policy: The parties desire to: (a) reduce the irritation and known health effects of secondhand smoke; (b) decrease maintenance, cleaning and redecorating costs that result from smoking; (c) decrease the risk of fire from smoking; and (d) lower the cost of fire insurance.
2. Definition of Smoking: The term “smoking” means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted smoking device for burning tobacco or any other plant or substance.
3. Non-smoking Area: Tenant agrees and acknowledges that the following shall be non-smoking areas: premises occupied by Tenant and members of Tenant’s household, (apartment or room), and any interior common areas, including but not limited to community rooms, community bathrooms, lobbies, reception areas, hallways, laundry rooms, stairways, offices, elevators and outside anywhere within 25 feet of any operable building entrance/window, except during icy conditions when outside smoking must be as far away from any operable building entrance/window as safely possible and not objected to by others present.
The use of electronic cigarettes or other vapor, gas or mist nicotine device is prohibited in any PHA Common Area or office. Tenant and members of Tenant’s household shall not “vape” anywhere in defined Non-Smoking areas, nor shall Tenant or PHA permit any guests, employees, service providers or other individuals under their control to do so in said areas.
4. Inform others and PHA of Policy: Tenants have the right to inform residents, guests, employees and service providers of the current No Smoking Policy. Further, Tenant shall promptly inform PHA of any incident where the tenant is being bothered by smoke migrating into the Tenant’s unit from sources outside of the Tenant’s apartment unit.
5. PHA Promotion of Non-smoking Policy: PHA shall inform each Tenant of the No Smoking Policy at the time of Lease signing and any time thereafter as may be deemed appropriate.
6. PHA Not a Guarantor of Smoke-Free Environment: Tenant acknowledges that PHA’s adoption of a No Smoking Policy, and the efforts to designate the rental complex as Non Smoking, does not make the PHA or any of its managing agents the guarantor of Tenant’s health or of the smoke-free condition of the Tenant’s unit and the common areas. However, PHA shall take reasonable steps to enforce the smoke free terms of its leases and to make the complex smoke free. PHA is not required to take steps in response to smoking unless PHA has been given written notice of said smoking as detailed above. PHA may also discover violations of this lease addendum as part of a unit inspection or other observation by PHA.
7. Other Tenants are Third Party Beneficiaries of Tenant’s Agreement: Tenant agrees that the other Tenants at the complex are the third party beneficiaries of Tenant’s No Smoking addendum agreements with the PHA. (In layman’s terms, this means that the Tenant’s commitments in the Addendum are made to the other Tenants as well as to the PHA). A Tenant may sue another Tenant for an injunction to prohibit smoking or for damages, but does not have the right to evict another Tenant. Any suit between Tenants herein shall not create a presumption that the PHA breached this Addendum.
8. Effects of Breach and Right to Terminate Lease: Repeated breaches of the No Smoking Lease Addendum shall be considered material and 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 Tenant’s obligations under the lease and as such shall be grounds for tenancy termination in accordance with the provisions of the Lease by the PHA.
9. Disclaimer by PHA: Tenant acknowledges that PHA adoption of the No Smoking Policy, and the efforts to designate the rental complex as Non-Smoking does not in any way change the standard of care that PHA or managing agent would have to a Tenant household to render buildings and premises designated as Non- Smoking any safer, more habitable, or improved in terms of air quality standards than any other rental premises.
The PHA specifically disclaims any implied or express warranties that the building, common areas, or Tenant’s premises will have any higher or improved air quality standards than any other rental property. PHA cannot and does not warranty or promise that the rental premises or common areas will be free from secondhand smoke. Tenant acknowledges that PHA’s ability to police, monitor, or enforce the agreements of this Addendum is dependent in significant part on voluntary compliance by Tenant and Tenant’s guests. Tenant’s with respiratory ailments, allergies, or any other physical or mental condition relating to smoke are put on notice that PHA does not assume any higher duty of care to enforce this Addendum than any other PHA obligation under the Lease.
Executed on this ___________day of __________ By: _________________________________
|Date of original Lease _________Grandfathered Smoker? ________ (y/n) Initial: Tenant _____ PHA _____|
Failure to sign the Lease Addendum does not eliminate or exclude the responsibility of Tenants to abide by the Policy.
Policy formalized and enacted by PHA Board of Commissioners at their April 16, 2019 Commissioners Meeting.