The Niagara Falls Housing Authority Is Smoke Free!
The Niagara Falls Housing Authority Is Smoke Free!
The resident and all members of resident’s family or household are parties to a written Lease with the Niagara Falls Housing Authority. This Addendum states the following additional terms, conditions and rules, which are hereby incorporated into the original Lease agreement. A breach of this Lease Addendum shall give each party all the rights contained herein, as well as the rights in the Lease.
Niagara Falls Housing Authority has elected to adopt a Smoke-Free Facilities Policy for all of the properties owned and operated rental facilities. A smoke-free policy is based on recognition of the scientific evidence of the dangers of secondhand smoke as stated by the Environmental Protection Agency, the Public Health Service’s National Toxicology Program and the 2006 US Surgeon General Engineers (ASHRAE) has determined there is no filtration or ventilation system that can completely eliminate the carcinogens in secondhand smoke. Additionally, smoking is the leading cause of death in multi-unit properties.
2. DEFINITION OF SMOKING: The term “smoking” means inhaling, exhaling, breathing, or carrying any lighted cigar, cigarette, e-cigarette, hookah or other tobacco product or similar lighted product in any manner or in any form.
3. SMOKE FREE COMPLEX: Resident agrees and acknowledges that the premises to be occupied by Resident and members of Resident’s household have been designated as a smoke-free living environment. Resident and members of Resident’s household shall not smoke anywhere in the unit rented by Resident, or the building where the Resident’s dwelling is located or in any of the common areas inside the building. Nor shall Resident permit any guests or visitors under the control of Resident to do so.
1. Smoking shall not be allowed on the grounds or outdoor areas of the entire Niagara Falls Housing Authority area.
2. Smoking shall not be allowed within 25 feet of the building(s) including entryways, balconies, windows, and air vents, and in all shared outdoor recreational/dining areas including but not limited to porches and trash/recycling areas
3. Resident Obligations:
To assure that no resident, member of the resident’s household or guest engages in
(A). Criminal Activity (as described in current lease)
(B). Civil Activity. Any smoking of prohibited tobacco products in restricted areas, as defined by 24 CFR 965.653 (a), or any other outdoor areas that the PHA has designated as smoke-free.
4. RESIDENT TO PROMOTE NO-SMOKING POLICY AND TO INFORM THE NIAGARA FALLS HOUSING AUTHORITY MANAGEMENT AND STAFF OF VIOLATIONS:
Resident shall inform Resident’s guests of the no-smoking policy. Further, Resident shall promptly report to the Niagara Falls Housing Authority Manager) any incidents where tobacco smoke is migrating into the Resident’s unit from sources outside the Resident’s unit.
5. NIAGARA FALLS HOUSING AUTHORITY STAFF WILL PROMOTE NO-SMOKING POLICY:
Niagara Falls Housing Authority shall post no-smoking signs at entrances and exits, common areas, hallways, and/or in such conspicuous places as may be appropriate to ensure effective implementation of this policy.
6. NIAGARA FALLS HOUSING AUTHORITY – NOT A GUARANTOR OF SMOKE –FREE ENVIRONMENT :
Resident acknowledges that the Niagara Falls Housing Authority’s adoption of a smoke-free living environment, and the efforts to designate the rental complex as smoke-free, do not make the Niagara Falls Housing Authority or 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 Authority shall take reasonable steps to enforce the smoke-free terms of its leases and to make the complex smoke-free. The Niagara Falls Housing Authority is not required to take steps in response to smoking unless Authority knows of said smoking or has been given written notice and said smoking.
7. EFFECT OF VIOLATION AND RIGHT TO TERMINATE LEASE:
A violation of this Lease Addendum shall give each party all the rights contained herein, as well as the rights previously outlined in the original Lease. A material breach of this Addendum shall be a material breach of the Lease and will be considered a lease violation. Repeated violations of the Lease Addendum shall be a material breach of the Lease and will be considered a lease violation.
Enforcement provisions are as follows:
A. First violation: The resident shall receive a verbal warning, which shall be documented in the resident’s file.
B. Second violation: The resident shall receive a written warning, which shall be documented in the resident’s file and state that further violation of the Smoke-Free policy shall result in the initiation of eviction proceedings. The resident shall also be charged a cleaning fee starting at $50.00 and above, payable by way of additional rent.
C. Third violation: The resident will be subject to eviction proceedings.
8. Effective Date. This Smoke-Free Housing Policy will be effective on 7/1/2017.