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Recent news about smoking issues in multi-family
housing? |
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September 20, 2010 |
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UNITED
STATES |
CA, Contra Costa County
Contra Costa holds off on apartment smoking ban
Contra Costa will look at smoking ban in new, multiunit apartments
Eureka's new smoking laws kick in Monday
CA. San Jose
More suits filed in Casa de Vallejo fire tragedy
CA, Santa Monica
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On July 27th, the Santa Monica City
Council passed a policy which will require no smoking within 25
feet of windows, doors and vents. This will have the effect of
banning smoking on most balconies and patios in apartments and
condominiums. Unfortunately, enforcement must still be done by
the individuals who are being bothered by a neighbor's tobacco
smoke by suing in Small Claims Court.
Advocates strongly expressed their
dismay at the enforcement because "it doesn't work." Council
members admitted that it doesn't work but promised that after
the November election, the Council will address the housing
issue again. (5 out of 7 members of the City Council are running
for re-election.) Santa Monica is a city with Rent Control. As
far as we know, the Rent Control Board did not oppose passage of
this policy.
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Council bans smoking on patios and balconies
CA, Sebastopol
Mixed reaction to tough Sebastopol smoking ban
CA, South Pasadena
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On July 21 the South Pasadena City
Council passed a comprehensive
housing ordinance. The ordinance is a model ordinance for
housing which was developed by Public Health Law and Policy's
Technical Assistance Legal Center (TALC).
The ordinance is on the Council
agenda again on Wednesday, August 4, 2010. This will be the
second reading and it is on the Consent Calendar which means
that the Council will pass it without comment unless a council
member or an audience member asks that it be discussed again.
If it passes without change, the
first part of the ordinance will go into effect on Sept. 4th.
This will require no smoking in common areas inside and outside
of apartments and condominiums. The remainder of the ordinance
will go into effect over 3 years. The ordinance will require no
smoking in 80% of apartment units to be located adjacent to each
other and no smoking on balconies and patios of non-smoking
units. The ordinance will also require disclosure and will state
that exposure to tobaco smoke is a nuisance. It will also
require no smoking in all condominiums unless the Homeowers'
Association (HOA) votes to change that. (It is very difficult to
get a sufficient number of votes to make changes in any HOA.)
City staff will probably begin to
provide information to the community about the ordinance once it
passes its second reading.
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IN, Hobart
Smoking determined to be cause of Hobart apartment complex fire
MA, Boston
BHA pushes for smoke-free housing
Boston should ban smoking in all public-housing
units
MA, Wayland
Michigan From Jim Bergman,
Smoke-Free Environments Law Project
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Thought I’d share a nice milestone we achieved in
Michigan this week. Our 40th housing commission/authority
adopted a smoke-free policy. We now have 39 of 136 housing
commissions with smoke-free policies for some or all their
buildings. We also have 1 of 11 tribal housing authorities with
a smoke-free policy for some of their buildings. We expect to
have 2 more housing commissions before July ends. Here’s the
note we circulated this morning to our Michigan colleagues.
West Branch Housing Corporation adopts smoke-free policy;
40th Michigan housing commission to do so
I’m delighted to report that, on July 21st, the West Branch
Housing Corporation (WBHC) became the 40th housing commission in
Michigan to adopt a smoke-free policy. The WBHC board approved
a smoke-free policy for all 87 units of senior and disabled
housing in their Victorian Trails and Maplewood Manor apartment
buildings. The policy goes into effect on August 1st for all
new residents and all WBHC staff. Current residents who are
smokers have a temporary exemption from the policy until January
1, 2011, when the buildings will become totally smoke-free.
It has been a pleasure working
with WBHC Executive Director Stacy Alley on the development and
adoption of this policy. WBHC joins 39 other Michigan housing
commissions which have adopted smoke-free policies – the largest
number of housing authorities with smoke-free policies of any of
the 50 states. These 40 housing commission smoke-free policies
cover about 66 apartment buildings and over 134
townhouses/scattered site units with about 4,800 total apartment
units. To view the Maplewood Manor property, go to
http://www.michiganhousinglocator.rentlinx.com/Property.aspx?PropertyID=9424
Jim Bergman, J.D.
Smoke-Free Environments Law Project
Co-Director
The Center for Social Gerontology, Inc.
2307 Shelby Avenue
Ann Arbor, Michigan 48103
734 665-1126
Fax 734 665-2071
jbergman@tcsg.org
http://www.tcsg.org
http://www.tcsg.org/sfelp/home.htm
http://www.mismokefreeapartment.org
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NY, Troy
Most landlords, residents ‘satisfied’ with non-smoking policies
NY, Wilton
Investigator: Wilton fire caused by cigarette
WA, Tacoma
Tacoma group pushing for smoke-free apartments
Wash. to consider
apartment
no-smoking law
Fires:
CO, Colorado Springs
2 Colorado Springs fires caused by careless smoking
OH,Springfield
OH, Troy
Troy senior citizen apartment fire leaves one injured
OK, Tulsa
Cigarette causes Tulsa apt. fire Sunday morning
OR, Tigard
Fire Crews: Cigarette Sparked Tigard Condo Fire
OR, Winchester
Cigarette causes Winchester apartment complex fire, residences move on
TX, Houston
Man dies after dropping cigarette in apartment
UT, Midvale
VA, Newport News
Investigators: Major Newport News fire was caused by careless smoking
Newport News condo fire blamed on smoking
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CANADA |
Barrie, Ontario (public housing)
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Please
visit my web site:
Smoke-FreeHotels.com.
Jacque Petterson
Smoke-Free Housing & Travel, LLC |
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July 20, 2010 |
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UNITED
STATES |
AZ, Tucson (apartments)
New study proposes smoking ban in apartments
CA, San Joaquin County (public housing)
Public housing smoking snuffed out in San Joaquin County
CA, Sebastopol (apartments)
Sebastopol to consider smoking ban in apartments
CO, Denver
(apartments)
MD, Montgomery County (apartments)
Many Montgomery apartments go smoke-free
MI, Sault Ste. Marie (native Indian tribal housing)
Sault Tribe is first Michigan tribe to establish smoke-free tribal
housing
OR - General
Mirrors, no smoke: More Oregon landlords ban lighting up indoors
OR, Jackson County (housing authority)
LAW WILL LIMIT SMOKING AT LOW-INCOME UNITS
County to ban smoking in and around low-income apartments
OR, Springfield
Public housing to go smoke-free
Western States
(apartments / condos)
CIG Insurance Company offering a 10%
discount for apartment and condominium buildings that are totally
non-smoking (in their units.)
Fires
WA, Spokane (apartments)
Cigarette Causes Apartment Fire on South Hill
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AUSTRALIA |
Cigarette starts $500,000 Ascot Vale unit blaze |
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CANADA |
B.C, Vancouver
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Please
visit my web site:
Smoke-FreeHotels.com.
Jacque Petterson
Smoke-Free Housing & Travel, LLC |
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July 6, 2010 |
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UNITED
STATES |
CA, Fairfax (apartments / condos)
Forum to discuss Fairfax smoking ban
CA, Los Angeles (public housing / apartments)
Smoking ban in public housing would be good for
public health, advocates say
Smoke-free apartments to arrive in LA
CA, San Francisco (apartments) - includes apartment common areas
CA, San Joaquin (public
housing)
Smoking ban in public housing? San Joaquin agency seeks to balance
health concern with individual rights
CA, Stockton (apartments)
Outdoor smoking ban for renters
CT, Norwalk: (public housing)
Smoking
ban set for public housing units
Maine (public housing)
Should Smoking Be Banned in Public Housing?
OR, Umatilla County (housing authority)
Umatilla Housing Authority smoking policy
U.S. (public housing)
Regulation of Smoking in Public Housing
Puffing in public housing poses serious health
risks to tenants
Should Public Housing Projects Go Smoke-Free?
Should Your Neighbor Be Banned From Smoking?
Fires
FL, Palm Harbor (condos)
Condo fire injures Palm Harbor woman; lighter blamed
Woman tries to light cigarette near oxygen tank, sets condo on fire
KS, Overland Park (apartments)
MA, Fitchburg (apartments)
Fitchburg residents forced from apartments by fire
MN, Hutchinson (apartments)
Cigarette to Blame for Hutchinson Apt. Fire, Dozens Homeless
MO, St. Louis (apartments)
Cigarette starts Central West End fire |
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CANADA |
Ottawa, ON (public housing)
Beaver Barracks to be smoke-free
Ottawa, ON (condos)
Condo resident tired of butts and excuses
Tenant should butt out
Fires
Canada (general)
Fires sparked by careless smokers cost
$4.1 million
Fires started by Smoking Cause Record
Damage |
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Please
visit my web site:
Smoke-FreeHotels.com.
Jacque Petterson
Smoke-Free Housing & Travel, LLC |
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May 23, 2010 |
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UNITED STATES |
Arkansas (housing authorities)
Two
Arkansas housing authorities adopt smoke-free
policies
CA, Pasadena (apartments)
No smoking at Pasadena's new Westgate Apartments
CA, Santa Monica (apartments and condos)
Smoking Ban May Be Extended
FL, Sarasota (condos)
Condo board bans smoking by the pool
Idaho (housing authorities)
Recent adoption of smoke-free policies
From
the Office of the Idaho Attorney General
NM, Albuquerque
Judge Rules In Backyard Smoking Trial |
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Please
visit my web site:
Smoke-FreeHotels.com.
Jacque Petterson
Smoke-Free Housing & Travel, LLC |
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May 12, 2010 |
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Please
visit my web site:
Smoke-FreeHotels.com.
Jacque Petterson
Smoke-Free Housing & Travel, LLC |
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April 28, 2010 |
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UNITED STATES |
CA, Pinole
WA
Christopher Boffoli,
Appellant V. Boaz Hall, Respondent
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Christopher Boffoli filed a complaint
for trespass, nuisance, and injunctive
relief against his neighbor for
producing cigarette smoke that intrudes
into his home. The trial court denied
Boffoli's demand for a jury trial. After
a bench trial, the trial court entered
judgment for the defendant. Because
Boffoli fails to demonstrate error, we
affirm. . . .
In his amended complaint, Boffoli
alleged that his neighbors, Boaz and
Jeni Hall, "continuously smoke
cigarettes on a south-facing front deck
of their residence on a daily basis"
causing smoke to "regularly intrude onto
[his] property" through air intake vents
and windows. Boffoli further alleged
that he had asked the Halls to remedy
the situation and had sent them letters
but that the Halls "were unresponsive"
and "continued to smoke cigarettes at
their residence, thereby causing the
secondhand smoke intrusion to [his] home
to continue." Boffoli requested specific
injunctive relief prohibiting the Halls
"from causing cigarette smoke particles
and gases to intrude onto [Boffoli's]
property, and . . . from allowing their
guests or others to smoke on their
property at any location from which the
secondhand smoke particles and gases
will trespass onto plaintiff's property
or into his residence, and unreasonably
interfere with [Boffoli's] use and
enjoyment of his property." Boffoli also
sought damages "in an amount to be
determined at trial."
On the day of trial, the trial court
noted that the thrust of the complaint
was an action for equitable relief and
denied Boffoli's request for a jury
trial. Boffoli and Hall then testified
and presented witnesses, other evidence,
and argument. After a week's recess to
allow the parties a final chance at
settlement, the trial court stated, "The
Court has concluded that based on the
evidence, and the law, that there is no
legal authority for the Court to issue
this injunction," and dismissed the
case. . . .
On this briefing and on this limited
record, Boffoli fails to establish an
actionable claim of trespass or
demonstrate any error by the trial
court. |
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CANADA |
ON,
Ottowa
Are your bad habits driving down the value of
your home?
(copied
from Bankrate.com)
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FIRES |
NY, Grand Island
Grand Island Fatal Fire Caused by Careless
Smoking
SC, W. Columbia
Lexington fire's damage near $1 million
Waterway Apartments Fire Caused by Cigarette,
Officials Say
WI, Madison
Smokers cause separate fires in Madison; three
people are sent to the hospital
Smoking Materials Caused Apartment Building Fire |
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Please
visit my web site:
Smoke-FreeHotels.com.
Jacque Petterson
Smoke-Free Housing & Travel, LLC |
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April 7, 2010
Please
visit my web site:
Smoke-FreeHotels.com.
Jacque Petterson
Smoke-Free Housing & Travel, LLC |
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March 26, 2010
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Milford, CT (public
housing):
City Bans Smoking In Public Housing
Everett, WA (housing authority):
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The Board of
Commissioners of the Everett Housing
Authority (EHA) in Everett, Washington,
adopted a policy for their Five Year
and Annual Plan to read:
“EHA will implement a no-smoking policy
for all of its public housing properties
to be effective no later than June 30,
2011.”
The Board unanimously passed the
proposed change and then passed the Five
Year Plan. |
Bruce County, Ontario,
Canada (affordable housing):
Bruce makes affordable housing smoke free
Fires:
Chicago, IL (apartments):
Man dies after cigarette starts fire in S. Side
apartment
Bemidji, MN (apartments):
Smoking materials believed to have started
Regency Park Apartments fire
Calgary, Alberta, Canada (condos): This one got
a lot of attention.
Condo residents burned by fire mulling lawsuits
Cigarette sparked inferno / Building's future
uncertain
No ill will for smoker who caused condo fire
Mixed reaction greets reports cigarette may have
caused fire
Careless smoker blamed for condo fire
No charges in massive Millrise condo fire |
Please
visit my web site:
Smoke-FreeHotels.com.
Jacque Petterson
Smoke-Free Housing & Travel, LLC
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March 20, 2010
BOOK:
Secondhand Smoke Crimes, When Neighbors Poison
You
by Dr. Joyce Starr
California Lawsuit (corporate
apartments):
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An attorney is suing Oakwood Apartments (a very
large corporation) for allowing tobacco use in
outdoor common areas on behalf of a child with
asthma. She cannot use the swimming pool or the
children's play area.
The case went to a CA Court of Appeal and that
court ruled that tobacco smoke can be considered
a nuisance. That was in January. Now the case
has gone back to the lower court and is set for
trial on May 17th.
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California (apartments / condos):
Supes force smokers to the curb
Canada, Waterloo, Ontario (public housing):
Region to introduce smoking ban in multi-unit dwellings
New York, NY (co-ops and condos):
Tipping point at hand for smoke bans in NYC co-ops &
condos
Salem, MA (public housing):
Smokers get break in public housing
Fires:
Buffalo, NY (apartments):
Fatal Perry Street fire blamed on careless smoking
Please visit my web site:
Smoke-FreeHotels.com.
Jacque Petterson
Smoke-Free Housing & Travel, LLC
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March 16, 2010
San Francisco, CA (apartments / condos):
Worthington, MN (apartments):
“We are also
assessing apartment smoking issues,” Anderson said."
County board hears updates on healthy living, tobacco
and obesity grants
Glendale, CA (apartments / condos):
Tighter smoking restrictions introduced
March 9, 2010 City Council Meeting
Fires:
Pittsburg, PA
(apartments):
Dying Derry fire victim told rescuers he'd smoked in bed
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March 9, 2010
Columbia & Greene Counties, NY (apartments):
⌂
Working toward smoke-free living
Santa Clara, CA (apartments):
Oregon Fair Housing Council:
⌂
Mediating Secondhand
Smoking Disputes in Housing
Texas Fair Housing
Council:
⌂
I
was so excited to see the Oregon Fair Housing page about
mediating smoking in housing. It prompted me to once
again contact our Texas Fair Housing Commission (who had
previously sided with smoking residents) and actually
found we have a new director who is thrilled to not only
see the Oregon information, but all the additional
educational and legal information I forwarded as well.
She plans to place all the info I
sent her on their intranet to educate their employees
and plans to include my contact information for
landlords wanting to know how to provide smoke-free
buildings.
This is huge for us in Texas.
If you live in Texas, have not been able to get the
smoking stopped, and want to file a HUD complaint - here
is the link
http://portal.hud.gov/portal/page/portal/HUD/topics/housing_discrimination.
Pasadena, CA (apartments/condos/single family homes):
⌂
Pasadena to explore possibility of citywide
smoking ban
Fires:
Pueblo, CO (apartments):
Woman Falls Asleep While Smoking, Lights Apt. on Fire
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March 2, 2010
Glendale, CA (apartments
/ condos): Use "Control F" to find
the words apartment or condo.
⌂
CITY OF GLENDALE CALIFORNIA REPORT TO CITY
COUNCIL
Keene, NH (housing authority):
⌂
Keene’s housing authority
takes a stance on tobacco’s costs
Wilmington, NC (housing authority):
⌂
WHA holds off smoking ban in public housing
State of Massachusetts:
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The Massachusetts House gave initial
approval to a bill (H 1181) requiring local
housing authorities to provide for nonsmoking
buildings in multi-building senior housing
complexes or for a no-smoking floor in
single-building senior housing. The bill phases
in the proposed law, grandfathers in current
smokers and prevents their eviction. The bill
still must pass another vote in the House and
then go to the Senate. To access a copy of H
1181 go to
http://www.mass.gov/legis/hbillsrch.htm
http://www.wickedlocal.com/sharon/news/x49440923/Beacon-Hill-Roll-Call
BAN SMOKING IN SOME SENIOR HOUSING (H
1181) - The House gave initial approval to a
bill requiring local housing authorities to
provide for nonsmoking buildings in
multi-building senior housing complexes or for a
no-smoking floor in single-building senior
housing.
The bill phases in the proposed law,
grandfathers in current smokers and prevents
their eviction. |
Fires:
Florence, AL (apartments):
Man dies after catching fire
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February 22, 2010
Boston, MA
(condos):
⌂ Jury
rejects condo owner's claim that broker misled her about
smoker
⌂ Woman
loses second-hand smoke case
⌂ Woman
loses smoking case against realtor
⌂
You smell smoke? Follow your nose, not the
realtor
Los Gatos, CA (condos):
⌂
Commentary: No-smoking sign goes up at
Pennsylvania Ave. condos in Los Gatos
Fires:
Lynn, MA (apartments):
Smoking and oxygen factors in fatal Lynn fire
Tucson, AZ (apartments):
Man injured in fire at north-side apartment
complex
Beltsville, MD (nursing home):
Beltsville nursing home fire caused by discarded lit
cigarette
Vancouver, WA (apartments):
Discarded cigarette caused blaze at Atherton
Woods
Pueblo, CO (condos):
Pueblo Condo Fire Displaces Woman
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February 15, 2010
Boston, MA (condos):
Suit over secondhand smoke targets real estate broker
(This case has settled, but the results are
confidential.)
Boston, MA (public housing):
Smoke-Free Plan Is Solid
Smoking ban in public housing is the right policy for
every community
Lunenburg, MA (public housing):
Public housing faces smoking ban
Editor’s Note: I received a
call from the manager of an apartment building in the
Chicago, IL area who explained he will be using the
information and forms on my web site to convert to
non-smoking. Based on our conversation he may accomplish
this in the next few months. He said he will let me know
when the transition is complete. This is a wonderful
sign that managers and owners are hearing the public’s
cry for safe, smoke-free housing.
Fires:
Kiel, WI (senior living):
Cigarette
starts fire at Kiel assisted living center
Sioux Falls, SD (apartments):
SD woman burned in apartment fire dies
Woman burned in apartment fire
Jacque Petterson
Smoke-Free Housing
Consultants
Smoke-Free Housing & Travel, LLC
12274 Bandera Rd., Ste. 210
Helotes, Texas 78023-4387
(210) 383-3244
jacque@s-fhc.com
There are three things that remain – faith, hope, and
love – and the greatest of these is love.
1 Corinthians: 13:13 The Living Bible
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Apartment properties listed on this site
have agreed to:
⌂ Include smoke-free policies with
the lease.
⌂ Include restrictions for
specified buildings inside all units, all patios and balconies,
and near doorways and windows.
⌂ Enforce smoke-free policies and
completely renovate apartments to be free of residual smoke.
All
content regarding listing
apartment communities is provided by the listing
owners/management companies. Neither
www.S-FHC.com
nor SmokingHurts.com, LLC, endorses or
recommends any listing apartment community nor does either make
any representation or warranty regarding the quality of services
offered by any listing apartment community nor is a smoke-free
environment guaranteed.
Because
apartment communities are
bought and sold on a regular basis, it is possible that an
apartment community listed
and/or linked on
www.S-FHC.com
may have chosen to once again permit
smoking. Please be sure to verify their non-smoking status
before renting.
Although most
apartment communities
listed on
www.S-FHC.com
have a no smoking clause with the lease, it is not
uncommon to find that someone has chosen to smoke against the
rules. Be sure to contact management immediately if you think
you smell smoke in your apartment home. |
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"But now God has shown us a different way
to heaven - not by "being good enough" and trying to keep his
laws, but by a new way (though not new, really, for the
Scriptures told about it long ago). Now God says he will accept
and acquit us - declare us "not guilty" - if we trust Jesus
Christ to take away our sins. And we all can be saved in this
same way, by coming to Christ, no matter who we are or what we
have been like. Yes, all have sinned; all fall short of God's
glorious ideal; yet now God declares us "not guilty" of
offending him if we trust in Jesus Christ, who in his kindness
freely takes away our sins." Romans 3:21-24 Living Bible |
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