No Smoking Policy

Tobacco/Smoke-Free Housing Policy Lease Addendum

Effective July 1st 2018 the Lucas Metropolitan Housing (LMHA) has adopted a new Tobacco/Smoke-Free policy, in accordance with HUD Notice PIH 2012-25 and PIH 2009-21. It has been well established that smoking cessation has demonstrated overall health benefits for individuals. Additionally second-hand, as well as third-hand smoke poses serious health risks to non-smokers.

Tenant(s) is a party to a written Lease with LMHA. Members of Tenant's family and/or household are name in the Lease Agreement. 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 rights contained here, as well as rights in the Lease.

SMOKING AND THE USE OF TOBACCO PRODUCTS ARE NOT PERMITTED ON ALL LMHA PROPERTIES

For the purpose of this policy, "smoking" includes igniting, inhaling, breathing or carrying or possessing any tobacco, K-2/spice, and marijuana, in any form, including cigarettes, cigars, pipes, hookah and electronic nicotine delivery systems (ENDS), e-cigarettes, or other tobacco products or similar lighted product in any manner or in any form or any other device containing tobacco, marijuana or other illegal substance that burns. In addition, "use of tobacco products" also includes snuff/chew.

This policy prohibits smoking and use of tobacco products on all LMHA properties, which includes but is not limited to dwelling (apartment) units, housing development community buildings, housing development grounds and all related administrative offices by tenant(s), guest(s) or invitee(s).

Tenant(s) understands that smoking or use of tobacco products on LMHA property shall be considered a material default under the lease agreement and may be cause for termination of the lease agreement. The policy will be enforced in the following manner:

• The first (1st) offense will result in written warning and referral to Lucas County Health Department Smoking Cessation Program.
• The second (2nd) offense will result in written warning and referral to Lucas County Health Department Smoking Cessation Program.
• The third (3rd) offense will result in final written warning and $100 fine and referral to Lucas County Health Department Smoking Cessation Program.
• The fourth (4th) offense will result in the termination of the lease. Tenant(s) will be responsible for any and all damage(s) caused in violation of this policy.

Provided however, instances where damage has occurred from a violation of the Tobacco/Smoke-Free Policy, the LMHA reserves the right to terminate the Lease and impose a reasonable charge for repairing a dwelling unit after first or subsequent offense.

The LMHA 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, or will be free from secondhand smoke. Tenant(s) with respiratory ailments, allergies or any other physical or mental condition relating to smoke are put on notice the LMHA does not assume any higher duty of care to enforce this Addendum than any other LMHA obligation under the Lease.

The tenant(s) agrees to this addendum and all household/family members acknowledge the Tobacco/Smoke-Free Policy outlined above and agree to abide by the policy.