HUD's New Smoke Free Guidelines and New rule on VAWA
About Our Speaker(s)
Paul Flogstad

Paul has been involved in the real estate industry for the past 38 years. He has been involved in sales, construction, project management, appraisal, property management and property management consulting/training.

Through his consulting company, Property Management Solutions, he provides training and consulting services nationwide to owners, management companies, multi-housing associations, as well as state and federal agencies.

He specializes in fair housing issues and has developed fair housing and outreach programs for governmental agencies as well as conducting seminars which are presented to property management companies, apartment associations and the general public nationwide. Most recently, he has been a consultant to the State of South Dakota. In this assignment he has developed a fair housing awareness program that is one of the first of its kind in the nation. It involves a three pronged approach to fair housing awareness. This approach makes use of an ombudsman concept and has proven to be very effective in dealing with discrimination and landlord/tenant issues.

For over twenty years he was involved in appraisal of residential, multi-family, farm and commercial properties throughout the Midwest. Most recently, he was a consultant for affordable, multi-housing properties in 22 different states. This involved properties in HUD, Rural Development, HOME and Tax Credit programs.

He holds numerous professional property management designations and currently holds the prestigious RHM designation from the National Center for Housing Management.

Paul was previously Vice President of the South Dakota Multi-Housing Association, Vice Chairman of the Minnehaha County Housing and Redevelopment Commission, and Chairman of the Sioux Falls Property Appeals Board. In 2009, he received the Outstanding Educator of the Year award from the South Dakota Multi-Housing Association.

Paul just authored a book which was released in January of 2015. It is titled: “Fair Housing: What Everyone Should Know”. This is a comprehensive book about the fair housing written with a property manager’s perspective and with real world examples.

Paul enjoys working with people and helping them be the best they can be.

HUD's New Smoke Free Guidelines and New rule on VAWA (CDP273Y)

Event Information
Product Format
Pre-recorded Webinar
Paul Flogstad
60 minutes
Event Description

Understand HUD’s Final Rules for the Violence Against Women Act (VAWA) and Smoke-Free Accommodation

The U.S. Housing and Urban Development Department (HUD) published two final rules: the new Smoke-Free Guidelines and the final rule implementing the 2013 reauthorization of the Violence Against Women Reauthorization Act (VAWA).

On November 30, 2016, after including input from more than 1,000 comments received from the public, public housing agencies (PHAs), housing and public health organizations, and tenants, HUD Secretary Julián Castro announced that it is now mandatory for U.S. public housing developments to provide a smoke-free environment to residents.

On November 16, 2016, the HUD published in the Federal Register the final rule implementing VAWA, which details the requirements for HUD-covered programs. The VAWA extends protection to all victims of domestic violence – women and children who are the majority of victims of domestic violence, but also men abused by their partners and those facing violence in same-sex relationships – as well as victims of dating violence, sexual assault and stalking. The bottom line is: Violence is violence, no matter what gender the victim.

The final rule on VAWA became effective on December 16, 2016. The aim of the final rule is to enhance the protections for spouses or significant others so that they do not have to feel the additional pressure of having to lose their home because of things spiraling out of their control. VAWA also covers LIHTC and Rural Housing programs, but the Departments of Treasury and Agriculture haven’t issued their final rule for these programs to date. However, many state agencies have already incorporated compliance with VAWA 2013 in their regulations.

On Jan 19, 2017, the HUD issued a VAWA notice relating to non-citizen self-petitioner procedures under VAWA. The notice, which applies to public housing, HCV assistance, and Section 8 Mod Rehab, explains procedures PHAs must follow when an applicant or resident requests admission or continued residency as a result of being a VAWA self-petitioner (someone who claims to be a victim of “battery or extreme cruelty,” including domestic violence, dating violence, sexual assault, and stalking).

On the other hand, the final rule for HUD’s Smoke-Free Guidelines, effective February 3, 2017, applies to all public housing except dwelling units in mixed-finance buildings. The guidelines facilitate the creation of policies to improve indoor air quality in public housing, benefit the health of public housing residents, visitors and PHA staff, reduce the risk of catastrophic fires, and lower overall maintenance costs. Within 18 months of the effective date of the rule, PHAs are required to establish policies that disallow the use of prohibited tobacco products in all restricted areas, and may (although they aren’t required to) restrict smoking to outdoor dedicated smoking areas, thereby creating additional restricted areas where smoking is prohibited (e.g., near a playground), or make their entire grounds smoke-free. PHAs are required to document their smoke-free policies in their PHA plans—a process requiring resident engagement and public meetings. The proscription of the use of prohibited tobacco products must also be included in a tenant's lease, which may be done either through an amendment process or as tenants renew their leases annually.

This session with expert speaker Paul Flogstad will cover in detail the requirements of both final rules, and explore the policies that public housing owners and managers need to implement to ensure compliance.

Session Highlights

This seminar will also cover:

  • Housing units in mixed finance developments
  • Privately owned, federally subsidized multifamily housing (e.g., project-based Section 8 housing)
  • Electronic Nicotine Delivery Systems (ENDS), including electronic cigarettes (e-cigarettes)

This seminar will also provide insight into the implications of the final rules for everyone involved in housing and the impact on their property’s:

  • Tenant selection plan
  • House rules
  • Move-in rules
  • Rejection rules
  • Termination of assistance/tenancy
  • Eligibility of remaining household members

Learning Objectives

The HUD's final rule on VAWA 2013 has the following requirements:

  • The Notice of Occupancy Rights and accompanying certification form must be provided at the following times:
    • At admission to a covered program
    • At rejection from a covered program
    • Within one year for all existing residents
    • At time of notification of termination of tenancy or termination of assistance for all current residents
  • Establishment of an Emergency Transfer Plan before June 14, 2017, and includes a model Emergency Transfer Plan that owners can modify for this purpose
  • Tenants must be allowed to transfer to a new unit/building when the tenant reasonably believes that there is a threat of imminent harm from further violence if the tenant remains in the same unit
  • Owners must track and submit information on emergency transfer requests and outcomes on an annual basis

The final rule for Smoke-Free Public Housing has the following implications:

  • More than 3,100 PHAs must implement smoke-free policies within 18 months of the final rule being adopted
  • The use of cigarettes, cigars, pipes and hookah (waterpipes) is prohibited in all living units, indoor common areas and administrative offices
  • The use of tobacco products covered by the policy is prohibited in outdoor areas within 25 feet of buildings
  • Further restrictions are allowed (e.g., buffer around playgrounds, restrict smoking to designated outdoor areas, property-wide smoke-free policy)
  • All housing types, including single family units, are covered
  • Helps improve the health of more than 2 million public housing residents, including 760,000 children
  • Saves an estimated $153 million every year in costs from secondhand smoke-attributable healthcare, repairs of smoke-permitted units and smoking-attributable fires
  • Impacts the more than 940,000 units that are currently not smoke-free, including more than 500,000 units inhabited by elderly individuals

Who Should Attend

  • Property managers
  • Property owners
  • Public housing staff
  • Maintenance staff

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