NO-SMOKING POLICY ADDENDUM and Lease Enforcement Actions Governing Resolution 2010-05, January 25, 2010 banning all smoking in LDCHA Owned Units where Medical Oxygen is in use: and Resolution 2010-18, June 28, 2010 banning all smoking inside an LDCHA owned house or apartment effective January 1, 2011. Resolution 2010-05 The Lawrence-Douglas County Housing Commission adopted a No-Smoking Policy for LDCHA Owned Units where Medical Oxygen is in use (Resolution 2010-05). Effective April 1, 2010 this policy prohibits all smoking by tenants, family members, and guests inside any unit and/or building owned by the Lawrence-Douglas County Housing Authority where medical oxygen is present or in use. Smoking may take place outside the building or unit but at no time may smoking take place where medical oxygen is present or in use. An individual attached to an oxygen tube is considered to be “on oxygen” whether or not the tube is attached to the oxygen source. This policy shall be enforced in accordance with the agency’s Methods of Administration “three strikes” policy governing lease violations and evictions except when a violation causes a fire in the house or apartment. In that case the resident household will be evicted in conformance with the agency’s one strike policy. Evidence of violations of this policy will be in conformance with Resolution 2010-20: Procedures Governing the Enforcement of an Indoor Smoking Ban in all LDCHA Owned Units. Resolution 2010-18 Effective January 1, 2011, the no smoking policy is extended to all LDCHA owned properties. This policy prohibits smoking by all tenants, family members, and guests inside any unit and/or building owned by the LDCHA. Smoking may take place outside the building. Edgewood Homes, Scattered Sites and Peterson Acres I & II may utilize their front/back outdoor areas. Babcock Place residents may utilize their balcony area as long as the smoking does not interfere with the neighbor’s peaceful enjoyment of the premises. Babcock Place and Clinton Place residents may smoke outside the facility as long as it is ten feet from the building entrance. Under Resolution 2010-20 A resident household will be determined to be in violation of the policies if: • Staff witnesses a tenant, tenant’s guest, or family member, service provider, or other person smoking inside an LDCHA owned house or apartment. • Staff witnesses a lighted smoking product in an ashtray or other receptacle inside an LDCHA owned house or apartment. • Damages to the interior of LDCHA owned property that are the result of burns caused by smoking products including burns to tenant owned property. • Evidence of smoking in a unit such as cigarette or other smoking product smells, smoke clogged filters, smoke film including smoke damage to walls. • Repeated reports to staff of violations of this policy by third parties. • Clogged plumbing caused by a smoking product or products. • Evidence of ashes on any surface in a house or apartment owned by the LDCHA. Staff will enforce the smoking ban (Resolution 2010-18) according to the following procedures except when a violation causes a fire at LDCHA property. In this case, the resident will be evicted in conformance with the agency’s one strike policy. Staff will follow a progressive course of lease enforcement actions in implementing the smoking ban. 1st offence: Staff will send the resident a gentle reminder of the smoking ban, including a copy of Resolution 2010-20, and inform the resident of the smoking cessation resources the agency has available. 2nd offence: Staff will send the resident a second reminder of the smoking ban, including a second copy of Resolution 2010-20 and refer the resident to the Resident Services office for assistance in complying with the smoking ban. 3rd offence: Staff will send the resident a notice of a mandatory conference to discuss the policy and repeated violations. Property management and resident services staff will be present to assist the resident in developing strategies to help them comply with the policy in order to safeguard their housing. If the resident fails to attend the conference, they will receive a lease violation notice in conformance with existing LDCHA policy. 4th offence: the resident will be issued a remedial lease violation. 5th offence: the resident will be issued another lease violation. 6th offence: An eviction notice to terminate the lease will be issued.