Non-Smoking Policy

Dedham Housing Authority’s Non-Smoking Policy

 Non-Smoking Policy.   The parties desire to mitigate (i) the irritation and known health effects of secondhand smoke; (ii) the increase maintenance, cleaning and redecorating costs from smoking; (iii) the increased risk of fire from smoking; and (iv) the higher costs of fire insurance for a non-smoker-free building.

1. Definition of Smoking.  The term “smoking” means inhaling, exhaling, breathing, or carrying or possessing any lighted cigarette, cigar, pipe, marijuana cigarettes or other tobacco/marijuana product or similar lighted product in any manner or in any form.  The term “smoking” shall also include the use of electronic cigarettes, electronic cigars, electronic pipes, electronic pens, electronic hookah, liquid nicotine, “e-liquids” or similar products, regardless of nicotine content, that rely on vaporization or aerosolization.

2. Non-Smoking Area. Resident agrees and acknowledges that the premises to be occupied by Resident and members of Resident’s household, and any interior common areas, including but not limited to community rooms, community bathrooms, lobbies, reception areas, hallways, laundry rooms, reception areas, stairways, offices, and within 25 feet of any DHA building including entry ways, porches, balconies and patios have been designated as a Non-Smoking living environment. Resident, members of Resident’s household and Resident’s guests and/or invitees shall not smoke anywhere in said Non-Smoking Area, including in the unit rented by Resident, in the building where Resident’s dwelling is located, within 25 feet of any DHA building or in any of the common areas or adjoining grounds of such building including windows, steps, patios, yards or the common areas or adjoining grounds of such building, nor shall Resident permit any guests or visitors under the control of Resident to smoke in said Non-Smoking Area.

3. Resident to Promote Non-Smoking Policy and to Alert DHA of Violations. Resident shall inform Resident’s guests of the non-smoking policy. Further, Resident shall promptly give DHA a written statement of any incident where tobacco smoke or any similar lighted product is migrating into the Resident’s unit from sources outside of the Resident’s unit.

4. DHA to Promote Non-Smoking Policy. DHA shall post no-smoking signs at entrances and exits in common areas, and in conspicuous places adjoining the grounds of the Non- Smoking Area.

5. DHA Not a Guarantor of Smoke-Free Environment.  Resident acknowledges that landlord’s adoption of a non- smoking living environment does not make the DHA or any of its managing agents the guarantor of Resident’s health or of the non-smoking condition of the Resident’s unit and the common areas. However, DHA shall take reasonable steps to enforce the non-smoking terms of its leases and to make the Non-Smoking Area as smoke-free as is reasonably possible. DHA is not required to take steps in response to smoking unless DHA knows of said smoking or has been given written notice of said smoking.

6. Effect of Breach and Right to Terminate Lease. A breach of this Lease Addendum shall give each party all rights contained herein, as well as the rights contained in the Lease. A material or continuing breach of this Addendum shall be a material breach of the Lease and grounds for immediate termination of the Lease by the DHA in accordance with the procedure set out in the Lease. 

7. Disclaimer by DHA. Resident acknowledges that DHA’s adoption of a non-smoking living environment, does not in any way change the standard of care that the DHA or managing agent would have to a resident 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. DHA specifically disclaims any implied or express warranties that the building, common areas, or Resident’s premises will have any higher or improved air quality standards than any other rental property. DHA cannot and does not warranty or promise that the rental premises or common areas will be free from secondhand smoke. Resident acknowledges that DHA’s ability to police, monitor, or enforce the agreements of Addendum is dependent in significant part on voluntary compliance by all Residents and their household members and guests. Residents with respiratory ailments, allergies, or any other physical or mental condition relating to smoke are put on notice that DHA does not assume any higher duty to care to enforce this Addendum than any other DHA obligation under the Lease.

ALL DHA PROPERTIES ARE NON-SMOKING:  Parkway Court, Doggett Circle, O’Neil Drive, Veterans Rd, Parker Staples Rd, High Street/O’Brien Way & 29 Hitchens Drive in Dedham, MA.

EACH RESIDENT SHALL SIGN A NON-SMOKING LEASE ADDENDUM ACKNOWLEDGING THAT NEITHER HE/SHE NOR ANY HOUSEHOLD MEMBER, GUEST OR VISITOR WILL SMOKE IN HIS/HER APARTMENT OR WITHIN 25 FEET OF ANY DHA BUILDING.  EACH RESIDENT WILL FURTHER ACKNOWLEDGE THAT VIOLATION OF THE NON-SMOKING POLICY AND LEASE ADDENDUM WILL RESULT IN TERMINATION OF HIS/HER LEASE.

Voted by the Board of Directors:  January 7, 2014 effective date March 15, 2014

                                       Updated and approved October 20, 2020