In 2018 the Mechanicville Housing Authority (MHA) has designated our housing properties as a smoke free facility. The “Smoke Free” designation will be implemented through a signed lease addendum. There will be no smoking in entry ways, porches, community rooms, community bathrooms, within all interior living areas and in all areas within 25 feet of buildings. This policy applies to all residents, guests, visitors, service personnel and employees.
Purpose of the “Smoke Free Policy” – To mitigate the irritation and known health effects of lit tobacco products, the increased maintenance, cleaning and redecorating costs from lit tobacco products, the increased risk of fire from lit tobacco products and the higher costs associated with smoking in a building. In furtherance of such smoke free policy, the parties agree
(a) “Prohibited tobacco product” means (i) any item that involves the ignition and burning of tobacco leaves, including, without limitation, cigarettes, cigars, and pipes; (ii) water pipes (“hookahs”) used to smoke tobacco products, to the extent not covered by the preceding clause, and (iii) electronic cigarettes.
(b) “Electronic cigarette” means any electronic device that provides a vapor of liquid nicotine, with or without other substances, which simulates the use of lit tobacco products. The term shall include such devices whether they are manufactured or referred to as “e-cigarettes,” “e-cigars,” or “e-pipes,” or under any other product or trade name.
(c) “Smoking” and “to smoke” means using any prohibited tobacco product, as defined above.
(d) “Smoke” means the smoke, fumes, or vapor generated by smoking, as defined above.
(e) “Restricted area” means any location within or upon the housing complex owned by Landlord, whether such location is indoors or outdoors, if such location is within twenty-five (25) feet from any building, door, or window existing upon such housing complex. Without limitation, “restricted area” specifically includes the interior or exterior of any individual Dwelling Unit, common area, and administrative office building within or upon the housing complex.
2. Use of prohibited tobacco products in restricted areas: Tenant and members of Tenant’s household shall not smoke, nor permit Tenant’s guests or visitors within the control of the Tenant to smoke, in any restricted area.
3. Tenant to Promote No-Smoking Policy and to Alert Landlord of Violations: Tenant shall inform Tenant’s guests and visitors that smoking is not permitted in restricted areas. Further, Tenant shall promptly give Landlord a written statement of any incident where smoke is migrating into the Premises from sources outside of the Premises. Landlord will seek the source of the smoke and take appropriate action.
4. Landlord to Promote No-Smoking Policy: Landlord shall post no-smoking signs at entrances and exits, common areas and in conspicuous places adjoining the grounds of the Premises.
5. Designated smoking areas: Tenant specifically acknowledges and agrees that Landlord will not establish any location upon its properties, whether within or without a restricted area, as a designated smoking area.
6. Lease Violation: Violation of the Smoke Free Policy constitutes a serious lease violation. Repeated violation of the Smoke Free Policy constitutes a violation of the terms of the Lease. Four (4) documented warnings during the term of the lease will constitute termination of the Lease. In addition, Tenant will be responsible for all costs to remove smoke odor or residue upon any violation of this Policy.
7. The Landlord is not a guarantor of a smoke free environment: Tenant acknowledges that the Landlord’s adoption of a Smoke-Free Policy, will not make the Landlord guarantor of Tenant’s health or of the smoke free condition of the smoke free portions of the property. However, the Landlord will take reasonable steps to enforce the Smoke-Free Policy. The Landlord is not required to take steps in response to smoking unless the Landlord has actual knowledge of the smoking and the identity of the responsible Tenant.
8. The Landlord Disclaimer: Tenant acknowledges that the Landlord adoption of a smoke free living environment, does not in any way change the standard of care the Landlord has under applicable law to render the property any safer, more habitable or improved in terms of air quality standards than any other rental premises. The Landlord specifically disclaims any implied or express warranties that the property will have any higher or improved air quality standards than any other rental property. The Landlord cannot and does not warrant or promise that the property will be free from second-hand smoke. Tenant acknowledges that the Landlord’s ability to police, monitor or enforce this Policy is dependent in significant part on voluntary compliance by Tenants and Tenant’s guests. Tenants with respiratory ailments, allergies or other condition relating to smoke are put on notice that the Landlord does not assume any higher duty of care to enforce this Policy than any other Landlord obligation under the Lease agreement.