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Tag: housing

Loss of Initiative 300 Sad Day for Denver

CCDC is saddened but not surprised that the well-funded opposition to Initiative 300 prevailed in the municipal election yesterday.  Initiative 300 was never intended to be a solution to homelessness..it was simply a measure to preserve basic human rights of those living with homelessness, an increasing number caused by out of control development and growing income equality.  An increasing number of people experiencing homelessness are people with disabilities, but our support of this measure was about our commitment to social justice for all.
Some members of the opposition used scare tactics that focused on “othering” and making those experiencing homelessness seem somehow scary and different from the rest of us.   Our experience is that people experiencing homelessness are no different than anyone else and that most of us are not too far from such an experience.    CCDC hopes that the well-funded opposition that said “we can do better” will put some of the time and money into actually helping the situation.  Some ideas to help include but are not limited to:
  • Improving conditions at homeless shelters and homeless services
  • Creating shelter space for people with pets, families, and those unable to tolerate large groups
  • Creating safe public facilities for storage and showers
  • Supporting innovative programs actually help people like the laundry truck run by Bayaud Enterprises
  • Working to require developers to have a percentage of housing available to very low and no-income people in every development including luxury housing
  • Working on a way to stabilize rents because the market is not handling it
  • Providing legal support for initiatives run by and for the community of people experiencing homelessness like the Tiny Village.
  • Doing some deep work and training on their own implicit bias and trying to understand the harm caused by the “othering” done during this campaign
  • Actually talking to members of Denver Homeless Out Loud and getting to know individuals who are forced to live on the streets on a personal level.
This is a sad moment for our city.   CCDC wants to thank and honor the amazing members of Denver Homeless Out Loud for a job well done.  Had this group not been so dramatically outspent the results may have been different.

2019 Legislative Session Wrap Up

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 Board Co-Chair Josh Winkler showed his typical leadership working some bills very hard, following the budget, and mentoring some of our newer volunteer lobbyists. Other board members that participated in the process were Scott Markham and Dr. Kimberley Jackson.
  • Our volunteer lobbying team consisted of Francesca Maes, Michael Neil, Jennifer Roberts, Haven Rohnert, and Linn Oliver with help from Jennifer Remington, Auralea Moore, and Tim Postlewaite.
  • Valerie Schlecht did a fantastic job as our contract lobbyist for mental health issues and stepped up on several other issues as a volunteer. Dawn Howard our community organizer, AKA Cat Herder in Chief did a great job making sure everyone knew what was happening, where people were needed, etc.

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.

Housing:

This is being dubbed the year of the renter.    There were many bills that helped renters, along with some that will fund affordable housing.

  • HB 19-1085 Increases the property tax/heat/rent rebate program both the amount of the grant and the income limits for people eligible for this grant through July 2021.
  • HB 19-1106 Limits rental application fees to actual costs
  • HB 19-1118: Requires landlords to expand the notice before eviction from three to 10 days, hopefully giving people a way to either find a new place to live or cure the problem that led to the eviction
  • HB 19-1135 Clarifies that income tax credits for retrofitting a home for accessibility are available when one retrofits a home for a dependent.
  • HB 19-1170 Improves warranty of habitability in housing to make it work for tenants.
  • HB 19-1285 and HB 1332 Affordable housing funding
  • HB 19-1309 Creates mobile home park dispute resolution and enforcement program, also increasing time to move if there is sale or eviction.
  • HB 19-1328 Responsibilities of landlords & tenants to address bed bug infestations.
  • SB 19-180 Creates an eviction defense fund to help low-income people

Health Care:

  • HB 19-1044 Allows for an advanced directives for behavioral/mental health.
  • HB 19-1120 Multiple approaches to address and prevent youth suicide
  • HB 19-1151 Revisions to the Traumatic Brain Injury Program funded by the Brain Injury Trust Fund.
  • HB 19-1176 Enables a study of various methods of health care reform including an option for universal health care.
  • HB 19-1189 Reforms wage garnishment laws to take into account medical expenses and medical debt.
  • HB 19-1211 Reforms what health insurance companies can and cannot do regarding prior authorization. This is to stop insurance companies using prior authorization to harass doctors and deny patients.
  • HB 19-1216 Measures to reduce the cost of insulin.
  • HB 19-1233 Health care payment reform to promote increasing utilization of primary care.
  • HB 19-1269 Mental Health Parity-variety of measures to require both private insurance companies and Medicaid to pay for mental health care appropriately.
  • HB 19-1287 Increases treatment funding for substance use disorders
  • SB 19-001 Expands the Medication Assisted Treatment pilot program
  • SB 19-005 Gives state permission to request permission from the federal government to import drugs from Canada to give Colorado residents price relief
  • SB 19-010 Funds professional mental health services in schools
  • SB 19-073 Creates statewide system to allow electronic uploading of advance directive documents so in the case of emergency any hospital can ascertain the wishes of the individual. This is voluntary.
  • SB 19-079 Requires some doctors to submit prescriptions of controlled drugs electronically
  • SB 19-195 Creates a system to better coordinate children’s mental health policy
  • SB 19-222 Increases mental health services for people at risk of institutionalization
  • SB 19-238 Requires the 8.1% increase for personal care and homemaker be passed directly to workers, and sets up stakeholder group to address issues with personal care workforce.

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.

Good Government:

  • HB 1062 Allowing sale of property at the Grand Junction regional center
  • HB 19-1063 Allows information sharing between adult and child protective services and allowed people who are subject to adult protective services to see their own records.
  • HB 19-1084 Requires that staff of legislative council prepare demographic notes on certain bills. For a handful of bills each future session the citizens and elected officials of Colorado will be able to have research on how a bill affects specific (often underrepresented) populations.
  • HB 19-1239 Creates a grant program to do outreach for the 2020 census.
  • HB 19-1278 A variety of changes to election law making it easier for voters
  • SB 19-135 Requires a study of state procurement disparities to see if state contracting is being fair and inclusive to businesses owned by people of color, women and people with disabilities.

Education:

  • HB 19-1066 Requires schools to count special education students in graduation rates.
  • HB 19-1134 Research for better methods to identify dyslexia in young children
  • HB 19-1194 Limits schools ability to expel and suspend children in and below the 2nd grade
  • HB 19-066 Creates grant program to help defray costs of high cost special education students

Employment:

  • HB 19-1025 Limits employers’ ability to ask about criminal backgrounds (with appropriate exemptions) before employee goes through the application process.
  • HB 19-1107 Creates job retention and employment support as part of the Department of Labor and Employment
  • SB 19-085 Increases enforcement for those facing pay-based discrimination
  • SB 19-188 Creates a study of Family Medical Leave

Transportation:

  • HB 19-1257 and HB 19-1258 Brings to the voters a request for state to keep and spend excess revenue for transportation and schools
  • SB 19-239 Creates a stakeholder process to address the changes in transportation

Justice Systems:

  • SB 19-036 Creates pilot program to remind people of court dates
  • HB 19-1045 Provides funding for an office of Public Guardianship
  • HB 19-1104 Creates a right to counsel for parents who are facing custody loss to be represented through the office of respondent parent counsel.
  • HB 19-1777 “Red Flag” bill that sets out when a judge can temporarily take away someone’s gun if they are at imminent risk of harming themselves or someone else. CCDC was initially concerned that this might be based on diagnosis, but it was not.  It is based only on behavior, has many protections and excellent due process.
  • HB 19-1225: Prohibits money bail for some low-level offenses to avoid people being jailed for not having small amounts of money for non-violent crimes.
  • SB 19-172 Makes it easier to prosecute people that abuse at risk adults and makes it clear that inappropriate confinement is abuse and illegal.
  • SB 19-191 Creates defendants’ rights to pretrial bonds to reduce the number of people with low-level crimes sitting in jail just because they are poor.
  • SB 19-223 Reforms regarding the competency process in the criminal court system

State Budget (aka the long bill SB 19-207)

  • Increases personal care and homemaker rates for CDASS and IHSS by 8.1%
  • Funds housing inspections for host homes in the I/DD system for basic life-safety issues
  • Creates an Office of Employment First at JFK Partners
  • State funded SLS and Family Support Services waiver slots
  • Creates a Supported Employment pilot at HCPF for I/DD waivers
  • Provides funding for HCPF customer service
  • Provides funding for food and travel for HCPF Member Experience Advisory Council
  • Provides state mental hospital funding for Disability Law Colorado settlement

Disability Specific:

  • HB 19-1069 Allows Colorado to create our own certification system through the Colorado Commission on the Deaf, Hard of Hearing and Deaf/Blind CCDHHDB to adopt or develop a certification system for American Sign Language interpreters. This is address the shortage of interpreters, especially in the rural areas.  THANKS TO THE INDEPENDENCE CENTER OF COLORADO SPRINGS FOR LEADING THIS BILL.
  • HB 19-1151 Revisions to the Traumatic Brain Injury Program funded by the Brain Injury Trust Fund. THANKS TO THE BRAIN INJURY ALLIANCE OF COLORADO FOR LEADING THIS BILL.
  • HB 19-1223 Provides application assistance to people on the Aid to Needy Disabled program to help them obtain approval for Supplemental Security Income (SSI). THANKS TO THE COLORADO CENTER ON LAW AND POLICY FOR LEADING THIS BILL
  • HB 19-1332 Funds the talking book library
  • SB 19-202 Creates a path for accessible ballots for people who are print disabled to allow such individuals to vote in private in our all mail ballot system. THANKS TO THE NATIONAL FEDERATION OF THE BLIND OF COLORADO FOR LEADING THIS BILL.

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.

 

 

Listening Tour Report

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 jreiskin@ccdconline.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.

CCDC COMMENTS TO HUD re Enforcement of Fair Housing Regulations

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 Was the Result of Significant Resources

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.

 

  • Big Changes Take Time

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.

 

Sincerely,

Julie Reiskin, Executive Director

Great info on Fair Housing Rights

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.

Your reasonable accommodation has been denied. What’s next?

 

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:

  • Be proactive! Ask for a meeting with the housing provider to discuss why the accommodation was denied. In some cases, a housing provider can deny an accommodation if it would pose a significant financial and administrative burden or cause them to significantly alter their business practices. If this is the case, your housing provider should work with you to come up with an alternative that will meet your
  • If there is no alternative accommodation that will meet your needs, you may request to be released from your lease at no

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:

  • Document, document, document! Always keep records of requests you make, emails you receive, text messages, voicemails, recordings, etc. These will help you if you file a complaint for housing discrimination, as you will need proof of the discriminatory
  • Call the Denver Metro Fair Housing Center at 720-279-4291. DMFHC has staff members ready to help you determine if discrimination occurred, can help you self-advocate or advocate on your behalf to obtain approval for your
  • If all else fails, and it’s apparent that your housing provider has acted in a discriminatory manner, DMFHC can assist you throughout the complaint

Emotional Support Animals

 

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.

If you are unsure if what you’re experiencing is disability discrimination, or just have more questions,

call DMFHC at 720-279-4291.

Click here for a copy of the Joint Statement from HUD and the DOJ on Reasonable Accommodations Under the Fair Housing Act.

Service Animal Training by Disability Law Colorado

Service Animal Training

Requirements for Service & Assistance Animals

Join Disability Law Colorado at one of our upcoming training to learn about the law regarding service & assistance animals!

  • Do you know the difference between a service animal and an assistance animal?
  • Do you know which of these animals is allowed in a public business?  In housing?  In a school?
  • Do you know when an animal – even a legitimate service animal – can be removed from a public business?
  • Do you know what information can be requested of a person with a disability entering a public business with an animal? In housing?
  • Do you know about Colorado’s new law regarding intentional misrepresentation of a service or assistance animal and how it will apply when it is effective on January 1, 2018?

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 eharvey@disabilitylawco.org 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.


Click Here to View Printable Flyer for These Training Events


Important Notice
CCDC’s employees and/or volunteers are NOT acting as your attorney. Responses you receive via electronic mail, phone, or in any other manner DO NOT create or constitute an attorney-client relationship between you and the Colorado Cross-Disability Coalition (CCDC), or any employee of, or other person associated with, CCDC. The only way an attorney-client relationship is established is if you have a signed retainer agreement with one of the CCDC Legal Program attorneys.

Information received from CCDC’s employees or volunteers, or from this site, should NOT be considered a substitute for the advice of a lawyer. www.ccdconline.org DOES NOT provide any legal advice, and you should consult with your own lawyer for legal advice. This website is a general service that provides information over the internet. The information contained on this site is general information and should not be construed as legal advice to be applied to any specific factual situation.

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