This was a busy session as is typical whenever there is a new administration and many new legislators. Despite some unfortunate partisanship that caused delays, the reading out loud of 2000 page bills, hearings that occurred during a blizzard, and overnight sessions some great work did get done that will benefit the people of Colorado including people with disabilities.
Before talking about the bills, I want to call out the amazing CCDC team that worked at the Capitol this year.
CCDC wants to thank our many partners, in particular the Arc of Colorado, Arc of Aurora, Arc of Adams, the Colorado Center on Law and Policy, the Colorado Children’s Campaign, 9-5 Colorado, ACLU of Colorado, Colorado Senior Lobby, Disability Law Colorado, Colorado Common Cause, PASCO, and Accent on Independence Homecare amongst others. We also want to thank Colorado Capitol Watch for a great product that made tracking the bills easier.
Because this was a year with many new legislators and many groups rushing to push through bills that had struggled in years past, many of which were bills we were going to support, CCDC made a deliberate decision to NOT run our own proactive bills this year but to focus on our coalition work, and building relationships with the many new Senators and Representatives. We laid groundwork for policies we want to promote over the next few years while focusing on the many coalition bills and responding to bills that affected our community. We followed 139 bills. This report shares the highlights-not every bill that we worked on during the session.
This is being dubbed the year of the renter. There were many bills that helped renters, along with some that will fund affordable housing.
THERE WERE A NUMBER OF BILLS RELATED TO THE COST OF PRIVATE INSURANCE AND HOSPITALS. PLEASE CHECK OUT THE COLORADO CONSUMER INITIATIVE OR THE COLORADO CENTER ON LAW AND POLICY FOR REPORTS ON THOSE BILLS.
Overall it was a good year. There were some disappointments, but there always are—now we have to make sure the bills we like get implemented and make sure people know about these new laws and programs.
CCDC held a listening tour around the state in 2018. Please find the report here…if you want the exhibits and the presentation used during the tour please email me at firstname.lastname@example.org. We are not posting it because even though the information about “what is happening next” was accurate at the time, it has already changed. We are attaching the handout we gave about how to determine the validity of news sources.
We are still seeking feedback and would love your feedback on this report.
Below is our letter, please submit your own comments by MONDAY 10/15/18 at www.regulations.gov
October 12, 2018
Office of the General Counsel, Rules Docket Clerk
US Department of Housing & Urban Development
451 Seventh Street, SW Room 10276
Washington, DC 20410-0001
Submitted electronically via www.regulations.gov
RE: Docket No. FR-6123-A-01
To Whom It May Concern:
I am writing on behalf of the Colorado Cross-Disability Coalition (CCDC) in response to the Advance Notice of Proposed Rulemaking: AFFH Streamlining and Enhancements, published in the Federal Register on August 16, 2018. CCDC is the largest statewide disability organization that is run by and for people with all types of disabilities (cross-disability). We recently did a listening tour across Colorado. We had eleven events and all but two were outside of the Denver metro area. In every community housing emerged as the number one problem for people with disabilities. While affordability is a problem for everyone in Colorado, people with disabilities deal with discrimination, safety, and habitability concerns as well. Too often people with disabilities are terrified to report discrimination or unsafe conditions due to fear of retaliation. ANY weakening of existing standards can be devastating to people with disabilities. If anything, requirements for affirmatively furthering fair housing should be strengthened and enforcement should be enhanced. More than 50% of those considered “chronically homeless” in Denver have disabilities (both physical and psychiatric) according to rent point in time studies.
CCDC strongly supports HUD’s 2015 Affirmatively Furthering Fair Housing (AFFH) regulation and we urge HUD not to revoke or rewrite it. Rather, HUD should immediately resume implementation of the 2015 rule and dedicate the necessary department resources for effective implementation and enforcement of the rule. With AFFH compliance, we expect significant positive impacts on the communities we serve, and nearby communities whose interests intersect with ours. Failure to enforce AFFH causes our most vulnerable members of the community to suffer in unsafe conditions and often leads to homelessness. We find that as people become homeless, they are not able to escape and it soon becomes chronic. American’s disabled deserve better than this. Many of those suffering from housing discrimination are veterans that have served our country. Our advocacy coordinator, who is a disabled veteran, reports that veterans who require reasonable accommodations often face housing discrimination. This discrimination can increase the symptoms of their disabilities. Those that serve our country and acquired a disability as a result of their service deserve a housing agency that will enforce regulations created to assure fair treatment.
Historically, and despite the fair housing requirements of the 1968 Fair Housing Act, we have seen little improvement in the patterns of residential segregation and the resulting imbalances in community investment and inequities in access to jobs, education, transit and other life opportunities. We believe that the AFFH rule is the first significant step made toward real change and must be promptly reinstated for the following reasons:
The 2015 rule represents a wait—far too long—of 47 years for clarity on the Affirmatively Furthering Fair Housing provisions of the 1968 Fair Housing Act. The 2015 rule was the result of a massive use of federal resources, and at least 6 years of deliberation by HUD, along with significant input from a diverse array of stakeholders. Additionally, the rule was field tested in 74 jurisdictions. The initiation of another rulemaking process would be a waste of HUD resources and the tax dollars of the American people. Rather than exhaust additional resources on rewriting the rule, HUD should use those resources to enforce the 2015 rule which was not sufficiently implemented by HUD.
Until the 2015 rule, jurisdictions around the nation operated at a status quo established in 1968 due to insufficient guidance and enforcement on the AFFH regulation. It often required legal actions by private citizens or organizations to compel jurisdictions to take meaningful steps to further fair housing. Understandably, it will therefore require some time for jurisdictions to adapt to new expectations. The 2015 rule was an investment in our nation’s commitment to Civil Rights, and like any big investment, the highest costs are upfront. HUD cannot retreat from the steps it took to address segregation, discrimination, and disinvestment. American veterans and those with disabilities deserve better from our government.
In response to the 8 questions put forth by HUD in its ANPR, below are a few of the many reasons the 2015 rule should be reinstated:
Public Participation – The 2015 rule requires a level of community engagement that jurisdictions previously were not required to and did not employ. The new AFFH rule requires jurisdictions to design their public participation process to include people of all demographics and socioeconomic backgrounds, with a focus on those most impacted by segregation and inequitable community investment. This type of public participation is emblematic of the most basic principles of democracy and demonstrates a commitment to the values of democracy.
Data Collection – The 2015 rule ensures that community development decisions are rooted in an honest assessment of patterns of segregation, housing needs, and access to place-based opportunities. The HUD provided data offers a minimum standard of data collection that, when combined with local data and local input, allows for the sound development of measureable goals and benchmarks to move the needle on critical issues. Decisions should be made using data, not rumors or blogs.
Goals & Metrics—The 2015 rule requires jurisdictions to define explicit goals and metrics to measure progress toward the goals developed. This is a foundational requirement of meaningful community planning and governance. Goals should be set, and progress should be measured on an annual basis. This greatly enhances the ability of HUD and community stakeholders to hold local jurisdictions accountable to timely goal implementation. We measure what matters and AFFH must matter if we truly value all Americans.
Accountability – The 2015 rule creates requirements for HUD to review, approve of, and monitor Assessments of Fair Housing. This creates a strong incentive for jurisdictions to comply because the receipt of HUD funding is clearly tied to compliance with fair housing laws. These enhanced accountability measures will incentivize jurisdictions to comply with, and allow HUD to enforce, a 50-year-old federal legal requirement enacted into law by a democratically elected body of Congress.
For all of the reasons listed herein, and because our communities have long suffered unjust and immutable segregation and the resulting inequities in life outcomes, CCDC urges HUD to take immediate action to fully reinstate the 2015 rule and uphold its commitment to Affirmatively Furthering Fair Housing.
Julie Reiskin, Executive Director
City & County of Denver Source of Income Protection
In a win for housing consumers, Denver City Council voted on July 30, 2018 prohibit landlords from denying applicants based on their source of income. This decision most heavily impacts housing seekers with subsidized housing vouchers and/or disability income, though it certainly benefits all potential
renters. The Council’s stance on the issue was that if a prospective renter can afford the rent, their source of income shouldn’t inform the housing provider’s decision. Opponents of the measure feel that requiring landlords to accept non-conventional sources of income like federal vouchers will force landlords to absorb uncovered damage expenses and delayed rent payments. However, to high-rent property owners, the law is unlikely to affect their business as the renters in question would likely not qualify for their units. It’s also important to note that many other jurisdictions in the country have already enacted such protections. The new protection will take effect for the City and County of Denver on January 1, 2019.
To learn more about Denver’s Source of Income protection, click here.
If you have requested a reasonable accommodation and supplied your housing provider with the
appropriate documentation (typically a doctor’s note), and the accommodation was denied, there are a couple things you can do:
If your housing provider denied your accommodation based on discrimination, or you have reason to believe this is the case, here are some tips for what you should do next:
Under the Federal Fair Housing Act, there is no distinction between emotional support animals or service animals. Simply obtain a doctor’s note, or a note from another medical professional, that establishes a nexus between your disability and your need for the animal. Next, write a short letter stating that you wish to request a reasonable accommodation. Best practice is to mail the request via certified mail to your housing provider, along with a copy of the Joint Statement from HUD and the DOJ on Reasonable Accommodations Under the Fair Housing Act (link below). If your housing provider either ignores or denies your request, call DMFHC to discuss next steps.
call DMFHC at 720-279-4291.
Join Disability Law Colorado at one of our upcoming training to learn about the law regarding service & assistance animals!
If discussion around any of the above questions interests you, we encourage you to attend one of our upcoming training.
Denver Training: July 24, 2018, 2:15 – 4:15 pm
Mile High United Way, 711 Park Ave West, Denver, CO 80205
Click here to register.
Fort Collins Training, July 27, 2018, 1:00 to 3:00 pm
Harmony Library, 4616 South Shields, Fort Collins, CO 80526
Click here to register.
Colorado Springs Training, August 1, 2018, 10:00 am to 12:00 pm
Tim Gill Center for Public Media, 315 East Costilla Street, Colorado Springs, CO 80903
Click here to register.
Vail Training, August 14, 2018, 1:00 – 3:00 pm
Vail Public Library Community Room, 292 W Meadow Drive, Vail, CO 81657
Click here to register.
Additional locations and dates may be announced in the future.
If you need any accommodations (ASL interpreter, Spanish interpreter, etc.) or have any questions about these upcoming training, please contact Emily Harvey at email@example.com or 303.722.0300. Please let us know of any accommodations you need at least 3 days prior to the training for which you have registered.