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80% of People Living in MUDs Want to Live SMoke-free Affair with Smoke-free Housing Alice: Narrating the personal Anna I am not going away not by a long shot. The smoke-free housing saga continues Answers to Frequently Asked Questions including Grandfathering Anti-smoking champ honoured for PUSH Any defensive discussion indefensible April Lifting the Veil off of Quiet Enjoyment Arabian COUGHING Poster At the Core of Smoke-Free Housing Workplace violence and bullying ATTRIBUTE REQUIRED TO SUCCESSFULLY ACCOMPLISH BEING SMOKE-FREE AUTHORITIES for Smoke-free Housing BC HUMAN RIGHTS TRIBUNAL Decides Crescent Housing Societys Application To Dismiss Lacking in Substance Concreteness and Good Faith (Another Debacle) BC HUMAN RIGHTS TRIBUNAL hears first case on SHS in MUDs Monday April 2 – Wednesday April 4 2012 BREAKTHROUGH DECISION Smoke-Free Housing Cancer in non-smoker sparks legal action Australia CLEANING UP TOXIC ENVIRONMENTS COMMUNITY DISCUSSION FORM Comparing “big” and “too small to matter” crises and catastrophes Demand for non-smoking apartments next to impossible Do you struggle with the problem of drifting second-hand smoke in your home? What you can do looks like 2011 DO YOU STRUGGLE WITH THE PROBLEM OF SECONDHAND SMOKE DRIFT What Struggle Looks like Drewlo Holdings Building More Smoke-free Apartments DROs Ways to Strengthen a Bid for Smoke-free Housing Ethical Dilemma of Smoke-free Housing EX-SMOKERS ARE UNSTOPPABLE flash mob dance Fervent Wish for Smoke-free Housing Governance by Dysfunctional Boards How the Smoke-free Housing Initiative inadvertently opened up governance for public scrutiny Grandfathering How does it apply to smokers Grandfathering Smoke freely Grandfathering Smokes License to Smoke License for Abuse GROUNDHOG DAY PUSHing the Drift to Smoke-free Housing GROUNDHOG DAY 2012: Secondhand smoke from grandfathered smokers takes a wee hit How Provincial and Municipal Bylaws Apply for MUDs in BC HR DECISION ORDERS “METRO ONE” TO CEASE ITS DISCRIMINATION AND REFRAIN FROM COMMITTING A SIMILAR CONTRAVENTION IN THE FUTURE INJUNCTIVE RELIEF A court order to Do this and Stop doing that Inspiring story behind SMOKE-FREE CARS ACT 2007 knowledge exchange Krossa from Maple Ridge Dare Extend Ideation For Smoke-free Housing Lung cancer kills non-smoker McDaniels thank supporters Measuring second-hand smoke drift in non-smokers: Prove it Medical Marijuana NEWS ~ NEWS ~ NEWS London ON New Apartment Building Opts for Smoke-free and Utilizing Grants to Encourage Smoke-free Housing NICOTINE REPLACEMENT THERAPY YOUR TIME HAS COME NSRAs rebuttal of Harpers Gut of Federal Tobacco Control Program People imagining a smoke-free world Picture Worth a Thousand Words Premier Christy Clark announces Nicotine Replacement Therapies (NRT) Sense and scent-ability: Do you smell second-hand smoke in your home? SHS Is Not Simply An Issue Between Neighbours Slaying the Myth of Right-To-Smoke and In-My-Home SMOKE DAMAGE - Voices from the Front Lines of Tobacco Wars Smoke-free at Last Smoke-free housing Litany of motivations and obstructions Smoke-free Housing: An award winning direction Standardize your letters and claims: Make them all the same Steps to Designating Smoking Area in Common Areas and Avoiding Misrepresentation STORIES: Heart of the Matter Strata concedes failure to accommodate McDaniels TENANTS' FUME IN SMOKE-FEST ABOUT HUMAN RIGHTS COMPLAINT COSTING THOUSANDS The 'In-Perpetuity' of National Non-Smoking Week Thinking Petition? Draft a report instead. Trials Against Big Tobacco Reveal Internal Documents Stating Lethal Hazard Of Smoking And Environmental Tobacco Smoke TRIBUNAL GRANTS COMPLAINANTS' APPLICATION TO AMEND THEIR COMPLAINT Tribunal's Decision Reveals DEBACLE Urging Political Will VEN TI-LA-TION – exchanging stale noxious air with clean fresh air Weitzels and Willow Park Estates What has California's new smoke-free housing law to do with us Canadians? What makes normal sensible people become dysfunctional when they join a board and what turns CEOs or EDs into mini-dictators? Why Isn't Vancouver's OLYMPIC VILLAGE A Flagship for Smoke-free Housing? Why there is a PUSH for Sf Housing WOW You've come a long way baby Yukon Housing Corp’s smoke-free housing leaves smokers fuming YUKON NORTH OF ORDINARY™ TRUMPS NATURALLY BEAUTIFUL BC AGAIN Yukon's smoke-free housing comes into effect Jan 1 2012

Unsigned Settlement Agreement


SETTLEMENT AGREEMENT

 On October 20, 2010, the terms of the August 18th settlement were considered by the Respondents to be too far reaching and not realistically achievable.
This agreement dated for reference August 18, 2010.

WHEREAS:

  1. Rose Marie Borutski, Dorothy Watson, Barbara Hamm, Henry Hamm, Linda Chandler and Rosemary Hancock (the “Complainants”) have filed a Human Rights Complaint against a number of parties, including Crescent Housing Society (“CHS”) and Janet Furcht (“Furcht”) under Tribunal File Nos. 6020 and 6041 (the “Complaint”).

  1. The Complaint alleges that CHS and Furcht have discriminated against the Complainants by failing to address their concerns with respect to second-hand smoke in Kiwanis Park Place (“KPP”).

  1. CHS and Furcht deny all of the allegations in the Complaint.

  1. The Complainants, CHS and Furcht wish to resolve the Complaint on the terms set out herein.

IN CONSIDERATION OF the premises, the mutual covenants and agreements contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows:

The word “Smoke” refers to what emanates from lit cigars, cigarettes, pipes, including but not limited to tobacco, marijuana, hashish or any illegal substances, and incense.

The Tenancy Agreement in relation to Kiwanis Park Place (“KPP”) will be revised in accordance with the form of Tenancy Agreement attached as Schedule “B” hereto on or before November 1, 2010 CHS will ensure that all future tenants:

    1. are required to execute a Tenancy Agreement in a form of Schedule “B”, and

    2. agree to abide by the no smoking/ smoke-free provisions.

CHS’ current policy is to inform prospective tenants of the Smoke-free provisions of the Tenancy Agreement. CHS will continue to observe this policy and include the CHS is transitioning KPP to a smoke free building and property and that it is a Material Term of the tenancy agreement that the tenant abide by the Schedule 'B' smoke-free provisions.

During the transition phase, smoking will not be permitted anywhere on CHS/KPP property except in designated smoking areas which will be established in accordance with this Settlement Agreement. The new delineation of where smoking is and is not permitted will be established, with appropriate signage, by November 1, 2010.

Nothing in this agreement prevents tenants whose tenancy agreements permit them to smoke, to smoke in their units;

As part of transitioning to smoke-free, all vacated suites are to be considered strictly smoke-free and that entails that non-smokers inhabit the vacated suites.

As of November 1, 2010, CHS will revise the application form to inform prospective tenants that “CHS is transitioning KPP to a smoke-free property and requires adherence to strict non-smoking provisions.”

CHS will also inform referring agencies, housing registries and other relevant sources that KPP is transitioning. Advertisements for vacancies at KPP will state that tenancy requires “strictly smoke-free” provisions.

CHS agrees that the Smoke-free provisions in the Tenancy Agreement will not be weakened in the future.

No Smoking in Common Areas

CHS presently has a policy prohibiting smoking in all indoor common areas of KPP.

CHS will implement a new policy banning smoking in all indoor and outdoor common areas, including the rooftop and courtyards.

UNTIL THE TRANSITION TO SMOKE- FREE HAS BEEN COMPLETED, smoking will not be permitted anywhere on CHS/KPP property except in designated smoking areas which will be established in accordance with this Settlement Agreement.

The area(s) to be designated as smoking areas shall be no less than 9 meters from either of the two residential buildings.

The new delineation of where smoking is and is not permitted will be established, with appropriate signage, by November 1, 2010.

CHS will continue to take all reasonable steps to ensure that the Smoke-free provisions in the Tenancy Agreement are being adhered to and, in this regard, CHS will agree to specifically train employees to ensure that they are aware of the Smoke-free provisions in the Tenancy Agreement and make it clear to employees that they are responsible for ensuring that they monitor and report any breaches of the Smoke-free provisions in the Tenancy Agreement.

CHS will establish written policies that provide guidelines and consequences for whether a tenant is smoking in violation of their Tenancy Agreement, either in their unit or in a common area, and it will issue a “Material Breach Letter” advising the tenant that

  • they have breached a material term of their Tenancy Agreement;

  • they must not do so again;

  • and a second infraction will result in eviction proceedings being commenced.

CHS will ensure that tenants are complying with the Smoke-free policies by having CHS employees monitor the common areas.

CHS will install silent alarm cigarette smoke detectors capable of detecting cigarette smoke in common elevators, hallways, bathrooms and stairwells by January 1, 2011.

CHS will add 22 more security cameras to the complex, the purpose of which includes (among other things) facilitating better monitoring and enforcement of the Smoke-free policies.

Air Purifiers

CHS will provide air purifier units (costing approximately $200 each) to CHS tenants whose tenancy agreements permit them to smoke in their units by November 1, 2010. In providing the units, CHS will request the tenants to use them.

Creation of Smoking Section

CHS, Furcht and the Complainants all wish to separate non-smoking tenants from Smoke. With this goal in mind, by January 1, 2011 CHS will have studied the feasibility of establishing a “smoking section”—a floor, wing, or otherwise separate area of the complex where tenants who smoke (without violating their tenancy agreements) would live.

Subject to the results of the feasibility study, CHS will attempt to have these smokers live close to one another, such that the aim of separating non-smokers from smoke during the period of transitioning of the property to smoke-free, may be better facilitated.

CHS will consider offering reasonable incentives to tenants to support the creation of the smoking section.

Until such time as a grandfathered tenant moves to a smoking section of the building, CHS will request as an act of courtesy and respect for fellow neighbour non-smoking tenants, that the smoking tenant and invitees do not smoke on the patio or balcony of their rental unit.

Confidentiality

The parties covenant and agree to keep the terms of this Settlement Agreement confidential and only disclose them to:

  • in the case of the Complainants, their legal and financial advisors; and

  • in the case of CHS, its employees, directors, and its legal and financial advisors;

  • And in the case of Furcht, her legal and financial advisors.

  • all on the condition that they maintain its confidentiality, except for such other disclosure as may be required by law.

The parties accept and agree that the confidentiality covenant set out above is a fundamental term of this Agreement and that breaching this covenant may void some or all of the obligations of the non-breaching party and may permit the non-breaching party to commence an action against the breaching party for an injunction and/or damages.

The parties agree that in the event of a breach of the confidentiality covenant, the party that breached the confidentiality covenant will be obligated to pay, as liquidated damages for such breach, the sum of $2,000.

No Disparaging Remarks

No party to this agreement shall in future make any disparaging or defamatory remarks about one another.

Notices

CHS will notify all tenants about changes to the Smoke-free policy through general notice and individual notices, as appropriate.

Withdrawal of Complaint and Release

The Complainants will instruct their solicitor to file a withdrawal of the Complaint.

The Complainants will execute a Release in favour of CHS and Furcht in the form attached as Schedule “B” hereto.

General

This agreement is subject to ratification by the Board of Directors of CHS.

It is further understood and agreed by the parties and each hereby represents and declares that each has carefully read this Agreement and fully understands the entire contents and further confirms that, before entering into this Agreement, has received legal advice and executed this Agreement of his/her/its own free will and upon the advice of its counsel.

It is further understood and agreed by the parties and each hereby agrees that each will execute any further and other documents and instruments and do any further and other things that may be necessary to implement and carry out the intent of this Agreement.

Time is of the essence in this Settlement Agreement.

Nothing is this Settlement Agreement is deemed to be an admission of liability on the part of CHS and/or Furcht and it shall not be referred to, directly or indirectly, by the Complainants as such an admission or recognition of liability.

It is further understood and agreed by the parties that this document may be executed in counterparts and, when all the counterparts have been executed, they shall constitute a full and binding Settlement Agreement. Faxed and emailed copies of the Settlement Agreement are binding.

IN WITNESS WHEREOF the parties have executed this Settlement Agreement as of the year and date first above written.

And have until Wednesday September 15, 2010 4 PM to sign the document as is.



Dorthy Watson



Linda Chandler



Rose Marie Borutski




Rosemary Hancock




Hank Hamm



Barb Hamm



Schedule “B” of CHS/KPP Tenancy Agreement

The tenant acknowledges and agrees to keep their rental unit Smoke-free .

The tenant acknowledges and accepts that it is a “Material Term” of this Tenancy Agreement
that the tenant(s) and/or their guests and/or invitees shall not smoke in the rental unit, on the balcony and patio of the unit, and in any common area of the building and property.

The word “Smoke” refers to what emanates from lit cigars, cigarettes, pipes, including but not limited to tobacco, marijuana, hashish or any illegal substances, and incense.

The tenant acknowledges and accepts that if the Landlord determines that there is evidence that the tenant is smoking in violation of this Tenancy Agreement, either in their unit or in a common area, the tenant will be issued a “Material Breach Letter” advising the tenant that
  • they have breached a material term of their Tenancy Agreement;

  • they must not do so again;

  • and a second infraction will result in eviction proceedings being commenced.

The tenant acknowledges and accepts that a second infraction of the Smoke-free provisions as described above could lead to the tenant being evicted from the complex.

  • Name of Tenant Name of Landlord
  • Suite No Signature of Landlord
  • Signature of Tenant Date

  • Date