Amherst eyes regulation of smoking in apartments

By Nick Grabbe
Staff Writer

Published on July 24, 2009

The Amherst Board of Health, a pioneer in banning smoking in bars in the late 1990s, now aims to be the first in New England to regulate use of tobacco inside apartments.

The initiative stops short of seeking a full ban on smoking in rental apartments, however. Landlords would be required to inform prospective tenants about the risk of second-hand smoke from units where smoking is allowed.

"It's a very edgy thing for Amherst to do," said D.J. Wilson, tobacco control director for the Massachusetts Municipal Association, who is advising the board. He said he knows of no other city or town in New England seeking to regulate smoking in apartments.

There will be a public hearing on the plan Sept. 17 at 7 p.m. at a location to be announced. An initial reading of landlord sentiment indicates there may not be as much opposition as there was to the ban on smoking in bars.

Marianne Jakus initiated the effort in 2006 when, as a resident of the Village Park complex, she gathered signatures on a petition seeking to designate one of the buildings as non-smoking. In 2007, she sought to bring the issue to Town Meeting, but was told to go through the Board of Health.

The board has been working with Wilson, who is an attorney, on several drafts of regulations.

"The purpose of the regulation is to protect the health of residents of the town of Amherst by providing renters with access to information regarding second-hand smoke and smoking policies, thus allowing renters to make informed decisions," the draft reads.

<h4>Informed</h4>

It would require landlords to inform tenants if smoking is allowed anywhere in the apartment complex, including a floor plan showing which units and areas are designated for smoking, according to the draft.

State law already bans smoking in elevators, halls, lounges, staircases and enclosed common areas.

In providing justification for the regulation, the draft notes that 440,000 people die every year in the U.S. from illnesses brought on by tobacco, and that smoking materials are a leading cause of fire deaths.

According to the draft, 83.6 percent of adults in Massachusetts are non-smokers.

Boards of health have broad authority, and such a regulation would not need to be approved by the state attorney general's office, Wilson said.

The Amherst board is also considering regulations on smoking outside restaurants and in parks and ballfields.

The board has received support from Steve Walczak, property manager at Puffton Village Apartments and president of the Pioneer Valley Housing Association, a landlord group.

"I haven't heard anything that would be a particular concern to landlords, but the devil's in the details," he said in an interview. "The Board of Health has been cooperative with landlords, and whatever comes out, I'm sure we can work with them."

<h4>Smoke free</h4>

The 400 units at Puffton Village became officially smoke-free last year, because of concerns over health and liability, he said.

"We can't monitor it by going into people's apartments," Walczak said. "But second-hand smoke is a major concern, and if we get a complaint from a resident and it's verified, that tenant is in violation. We're not trying to control behavior, but if smoking is bothering a tenant, we have to take action."

The challenge in enforcing the regulation would likely come not with students, who have grown up in an anti-smoking culture, but with older tenants, he said.

In coming up with the regulation, the Board of Health has tried to avoid antagonizing landlords, said member David Kaufman.

"Our goal is to leave it as much as possible between landlords and tenants," he said.