Virtual Lobby Day Is Next Week! Call to Action

National Low-Income Housing Coalition                                       View this email in your browser

The U.S. Senate will move on a COVID-19 spending package before the end of July. The window is closing for needed advocacy. The time to act is now!

NLIHC and our partners throughout the country have been hard at work urging Congress to adopt our key priorities in the next COVID legislative package, including $100 billion in emergency rental assistance, a national eviction moratorium, and $11.5 billion in Emergency Solutions Grant funding for homeless service providers. Now is the time for advocates to take action to demand #RentReliefNow!

Participate in a Virtual Lobby Day on July 21!

When the Senate returns to work on July 20, they will begin discussions and negotiations on a spending package to address the ongoing COVID-19 pandemic and recession. Any final bill must include the housing provisions of HEROES Act that has passed in the House of Representatives. In this crucial moment, join NLIHC and numerous national partners by setting up virtual lobby visits throughout the day on Tuesday, July 21.

NLIHC’s toolkit makes your participation easy. The toolkit includes talking points, statistics, a template email to request a meeting, a list of top policy asks, and sample tweets. NLIHC staff are also available to help set up and attend your virtual meetings if such assistance is needed. Please reach out to your housing advocacy organizers for more information; we look forward to assisting you in your advocacy!

If you have meetings already setup for Virtual Lobby Day, let us know by emailing any of the organizers on NLIHC’s field team or by filling out this quick form to submit your meeting. When your lobby meetings are done, please also complete this Lobby Visit Report Back Form. Even if you have done a meeting in the past couple of days or will do one or more on other days next week, we’ll still count that for our total. And be sure to tweet about your meetings by tagging your member of Congress and using the hashtag #RentReliefNow!
Thank you for your advocacy!

National Low Income Housing CoalitionThe National Low Income Housing Coalition is dedicated solely to achieving socially just public policy that ensures people with the lowest incomes in the United States have affordable and decent homes.

Contact Us:
National Low Income Housing Coalition
1000 Vermont Avenue, NW, Suite 500, Washington DC 20005
202-662-1530 x247

www.nlihc.org

Resources

There is no weakness in asking for help. After all, life is a group effort.

When our situations and way of life changes so dramatically and quickly, we might not know where to go to find help. Others can be afraid or humiliated at finding they suddenly can’t survive on their own.

No one is expected to do everything by themselves. These resources are available for people who find themselves in a difficult spot. Reach out via phone or the internet and find out if you are eligible for assistance.

If you have a resource to share or find an error, send it via email to covid@ccdconline.org.

Amazon offers its Prime service for a 50% discount if you have an EBT or Medicaid Card. Follow this link and check the details. Prime offers many upgrades and extras than its regular free service. (Including free shipping for many items.)  And if you shop under smile.amazon.com and choose the Colorado Cross-Disability Coalition, every purchase generates a small donation to your favorite charity.

The Action Center – near Colfax and Wadsworth in Lakewood is currently providing food to anyone who needs it (even if they live outside Jefferson County).

Benefits in Action is offering free food boxes with free delivery for anyone unable to get groceries and live in Denver or Jefferson County. Visit www.biaction.org or call 720-221-8354 to arrange delivery.

Care Coordinators COVID Resource List – This list contains a number of excellent links and resources unemployment, utilities, AA meetings, and more. In order to help protect our community from the spread of COVID-19, we are offering modified services of food and mail services only. Reservations to pick-up food are required, please call 720.215.4850.

Center for Health Progress Health Care Resource Guide for the Uninsured (English) or (Spanish)  – A Health Care Resource Guide that Center for Health Progress put together to support people, particularly immigrants without documentation, to find health care at this moment.

CHANDA CENTER FOR HEALTH – is a direct services provider that includes acupuncture, massage, chiropractic, adaptive exercise, physical therapy, adaptive yoga, care coordination, behavioral health, primary care, and dental care. Some services are provided at the Chanda Center for Health and some at provider locations nationwide.  Integrative therapies promote wellness and healing for acute and chronic conditions caused by physical disabilities. Better health outcomes and lower medical bills galvanized our pursuit of systemic change to have integrative therapies covered by Medicaid. They are offering some free classes that can be found through Chanda’s page directly.

Colorado Center on Law and Policy: COVID-19 resources for immigrant families – To Colorado’s immigrants — whether you had access to the legal immigration process or not — you matter, your families matter and your contributions to society matter. But even as we advocate for solutions to those injustices, and there are resources for you and your families.

Colorado Emergency Childcare Collaborative – Approximately 80,000 emergency workers have young children and are now without child care.

Consumer Financial Protection Bureau – Protecting your finances during the Coronavirus Pandemic – Providing consumers with up-to-date information and resources to protect and manage their finances during this difficult time as the situation evolves.

Denver Emergency Food Access – Information about School and Student Meals, Denver Parks and Recreation Center Meals (Tasty Food), SNAP & WIC Benefits in Denver, Food Assistance at Pantries, and Food in Quarantine.

Denver Food Pantries Listings – including location, hours of operation, and services provided.

Denver Human Services – All Denver Human Services facilities will be closed to the public beginning Thursday, March 19, 2020, until further notice.  See how to access our services online or call us at 720-944-4DHS (4347) for assistance.
COVID-19 Information
Cancellations, Closures, and Postponements
Support Services
Donating and Volunteering
Local Preparation and Coordination
News and Media
Emergency Services for People with Disabilities
Parking Enforcement Updates

Denver Property Tax Relief Program – Provides a partial refund of property taxes paid, or the equivalent in rent, to qualifying Denver residents.

DRCOG Aging and Disability Resources Information and Assistance line:
303-480-6700 – Provides information, assistance, and advocacy over the phone or email to understand your benefits and connect you with local providers.

Emergency Response Desktop Suite – For six months; at no cost, we are sharing a tool designed to make information and technology more accessible. The tool, an Emergency Response Desktop Suite is available to 500 Colorado adults with developmental disabilities.

Enrich: Coronavirus and Your Financial Health – Answers, tips, and advice for staying financially well during the COVID-19 pandemic

U.S. Equal Employment Opportunity Commission 

1. 1. 1. What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws Technical Assistance Questions and Answers
      2. Pandemic Preparedness in the Workplace and the Americans with Disabilities Act
      3. COVID-19 and the EEOC (Youtube)

Health First Colorado and CHP+ Providers and Case Managers: COVID-19 Information – The Department knows providers will have many questions about COVID-19 and will post updates on policies, codes and other important information to providers on this site. Communications will continue to be sent out via bulletins and newsletters. Contains many excellent links to additional information.

Hunger Free Colorado – Food assistance information for the state,  not just Denver Metro. The site is updated regularly. The Food Resource Hotline is (855-855-4626), M – F (8 am – 4:30 pm).

Internet Essentials: Affordable Internet at Home Offers two months free internet with low costs after, and the option to purchase a laptop or desktop computer at a discounted price. For new customers, visit www.internetessentials.com. Also two dedicated phone numbers 1-855-846-8376 for English and 1-855-765-6995 for Spanish. 

Linguabee Sign Language Interpreting Services — Linguabee is offering Free VRI access at COVID-19 test sites for the Deaf community

Mile High Connects’ Denver Metro COVID-19 Housing Response Strategy community platform — This platform is designed for us to come together and stay abreast of various local and regional emergency housing-related responses to the COVID-19 crisis, share resources with one another, identify and elevate opportunities to coordinate strategic, longer-term efforts to stabilize housing in our region.

Housing Resource List — Compiled through the community platform described above.

NFBCO Assistance Hotline and Email — If you are a blind or low vision person in Colorado who needs assistance call us at 303-778-1130 extension 219 or email assistance@nfbco.org.

One Strong Voice: Information and Resources Regarding Medical Rationing — OSV participated in a call hosted by The American Association of People with Disabilities (AAPD).  During the call, they received a number of questions about what individuals can do to prevent states from developing discriminatory medical triage protocols. Link to the resource page.

Social Security & Coronavirus — Updates about what SSA is doing during the COVID-19 pandemic.

The Simple Dollar: A Guide to Auto Insurance If You’re Living Out of Your Car — This guide provides an auto insurance roadmap, so you can keep your vehicle in good standing while working toward a more permanent home. You’ll also find resources that can help you stay safe while living out of your car, and help transition into a more permanent place to live.

Xcel Energy’s response to COVID-19: A message from Xcel Energy CEO Ben Fowke – Xcel will not disconnect service to any residential customers until further notice. If you are having difficulty paying your bills, contact them and they will arrange a payment plan.

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Happy Thanksgiving from CCDC’s Civil Rights Legal Program Director!

HAPPY THANKSGIVING!

From Kevin Williams, CCDC Civil Rights Legal Program Director

I won’t be joining you, but thanks for the invitation.

As we all know, there is “no place like home for the holidays.” So why is it that I and so many of my friends, colleagues, clients and CCDC members who use motorized or other wheelchairs can’t join you and yours for such festivities at your inaccessible house? The answer is simple. You hate us. No, I’m just kidding. The real reason is the law does not apply to “single-family homes,” meaning homes do not have to be accessible to people who use wheelchairs. (For those who don’t speak legalese, “single-family homes” mean “houses.”) So, thank you very much for your invitation, but unless you plan to throw me a turkey leg while I sit in your front yard longingly peeking in the window and seeking to enjoy everyone’s company around the Thanksgiving table, I will be unable to make it.

I know, I know. You have no problem carrying me up the stairs to get in your front door, but my motorized wheelchair weighs a few hundred pounds, and, after using a wheelchair for 33 years and eating (perhaps too much) at Thanksgiving dinners over the years, I’m not as svelte as I once was either. So “carrying” those of us who use wheelchairs is not only demeaning, but dangerous.

Finally, you might want to check your homeowner’s insurance policy before considering this option:

Even those of you with the best intentions (those who want to carry us) sometimes fail. This usually disrupts the holiday meal as well.

And yes. Maybe those cool foldout ramps that I carry around in my van for just such occasions might get me in the front door, but we should probably consider the ramifications of our situation if I have to use the restroom. Any thoughts about what I should do there? My guess is that the bathrooms in your house are probably not accessible. Beyond that, even if I get up this first step, often there are many more once I get inside. The ramps don’t always work. In fact, the first picture shows three steps leading to a porch with yet another step to the front door. My ramps definitely would not work under the circumstances.

But don’t worry! It is not your fault! I’m not going to sue you (well, I guess that depends on who invites me). It is simple. The federal and state Fair Housing Acts do not require your house to be accessible. Even if it was built last week. You have no legal obligation to provide me with an accessible house.

When I have tried to work with legislators to address this issue, I have found that I meet with great resistance from a constituency most legislators have called “home builders associations.” What they say is people can’t sell their house if it looks like a “handicap house,”[1] and people surely don’t want to live in a “handicap house;” after all, they are so ugly. But is that true? Does having a single ramp or a flat, level entrance or 32-inch wide doors or a restroom that has enough room to accommodate an accessible toilet and/or a roll-in shower really cause some sort of depreciation in the value of your home? Does anyone have any data to back this up? I think not, but data and evidence do not seem to matter much these days so I guess we will just take the word of the home builders association. In point of fact, as an individual who has sold an accessible property, I can tell you on a personal level, those features actually increased the resale value. This is in part because accessibility opened up the opportunity of homeownership to a wider market of people. The person who bought my last home was an individual who used a wheelchair. Because I had created a van-accessible parking space in the garage in the building and built a roll-in shower, and because the home was a condominium that is required to meet minimal Fair Housing Act requirements (e.g., there was a ramp to the front door), the buyer found these features to be very helpful and something he could not find everywhere else he had looked.

Here’s the deal: the federal and state Fair Housing Acts require very minimal accessibility features. Also, those very minimal accessible features only apply to multi-family housing (essentially, apartments and condominiums). In these multifamily housing units (the requirement is four or more units connected together either on one level ore by an elevator), there are seven basic requirements, and they are very minimal as set forth in the Fair Housing Act Design Manual.[2]

Single-family homes ARE NOT REQUIRED TO BE ACCESSIBLE AT ALL! There is no requirement in the federal or state Fair Housing Acts that any access be provided. (By the way, don’t be confused. The Americans with Disabilities Act does not apply to housing — at least not what I am discussing here.) There is also a state law in Colorado that requires some things related to accessibility that are not included in the Fair Housing Act, but even these do not apply to single-family homes. The bottom line is houses simply are not required to be accessible by any law. Guess what? As a result, they aren’t accessible. Not even a little bit. Very many of us who use wheelchairs are simply excluded from an enormous amount of everyday, normal human activity that the rest of you take for granted.

Why?! There is no good reason with respect to newly-designed houses. It is much more complicated and expensive to remodel a house to make it accessible than it is to build the house that way in the first place.

Stop for a moment and think about all of the activity that occurs inside your or a family member’s house. The holidays and all of the get-togethers with family and friends during this time of year simply exclude a large and growing portion of the population who use wheelchairs and who cannot access many houses. Unfortunately, because of the resistance to incorporating a handful of simple design features into newly constructed houses, your homes are no place for us for the holidays. And let’s put holidays aside. Think of how much human activity occurs inside people’s house — where people get together for almost any social experience you can imagine. Beyond that, I keep hearing about many of my friends who can walk who have been out “door-knocking” for candidates running for office. (I hear this kind of stuff is really popular in places like Iowa.) But I can’t even do that because I can’t get to your door. I can’t get into my neighbors’ houses to even say hello because their front doors are not accessible.

Why?!

I was able to buy a house that was made accessible, in large part, by the previous owner before I moved in. I have continued to make accessibility improvements in the 10 years I have lived there. I find the fact that hardly anyone has addressed the issue of providing accessibility to single-family homes a little strange because my friends and family who can walk love my accessible house. My house (built in 1957) has been converted in many different ways to be accessible to people who use wheelchairs. I have a large ramp with shrubbery in front of it at the front door. I have another ramp in the garage so I can get to my accessible van. Many of the kitchen counters have been lowered and have open space underneath them so people use wheelchairs can get to the sink and the stove. The vast majority of the doorways to my house are at least 32 inches wide, and I have an enormous concrete deck with a hot tub built-in so someone can either transfer from a wheelchair directly to the hot tub or use the lift I had installed. The house has two bathrooms. One of them has a roll-in shower. The other one has a bathtub. (Most houses built these days would have glass-enclosed showers that would have to be totally ripped out and redesigned if the house were to be used by someone who uses a wheelchair. Many of my family and friends who have stayed at my house have used my roll-in shower without complaint. After all, it is just a shower.) In fact, there is nothing about any of the accessible features of my house that makes them inaccessible to people who do not use wheelchairs. I don’t think most people even notice. More often than not, my houseguests who do not use wheelchairs who walk say they really love the open spaces and wide doors and other access features. So many of my friends who are not tall love the lowered counters. The accessible deck (accessible by French doors from the living room and sliding glass doors from the master bedroom) with ramps to the yard and to the sidewalk that leads up to the gate is fantastic. Why would you not want these features? What is wrong with a “handicap house?”

On top of all of that, it is so much more expensive to make a house accessible after it has already been built to be inaccessible. Even widening a door to make it 32 inches can be an extremely costly endeavor and sometimes almost impossible.

Here is another consideration. Have you ever moved a couch or a bed or a refrigerator? Having a ramp, 32-inch-wide doors and wide-open spaces throughout your house make it much easier to accomplish this task. The moving company that moved me into my house said it was the easiest move they had ever made. What is it about stairs that is so cool? Why do we have them? They seem dangerous. Maybe they are.[3]

Now, of course, no one would INTENTIONALLY exclude us, would they? I mean you have been actively lobbying your state and federal legislators and asked them to require that single-family homes be made accessible, haven’t you? I thought so. You would never want to discriminate against us.

Why haven’t we done that? Are the home builders right? Is there something disgusting about the so-called “handicap house?” Do a couple of grab bars next to the toilet just make you sick to your stomach? Does this all stem from some deep-seated fear that you all might need to use those accessible features in the future and you refuse to accept that?

You really should check it out because you could get your state or local or even national legislators to sign on to the concept of “visitability.”[4] This just means that all houses must be designed and constructed with basic accessibility features, including a zero-step entrance, wide passage doors, and at least a half-bathroom on the main floor that meets basic Fair Housing Act requirements. As the word suggests, the idea behind visitability is to make your home accessible enough that your friends, family and loved ones who use wheelchairs can visit.

This is one of those flat, level entrances I mentioned. Pretty hideous, isn’t it? I mean, who in the world would want to live in a house with that atrocious flat level entry? It is so disgusting!

Yuck! Who could live like this? There goes the neighborhood!

Repulsive! Now we’ve gone too far!

Certain U.S. cities and even the United Kingdom have adopted various types of visitability laws that require some measure of very simple accessibility be incorporated into the design and construction of all new housing. Austin, Texas, for example, has an ordinance that applies to any permit for construction of a new single-family or duplex dwelling with habitable space on the first floor and requires that house must meet certain visitability requirements.[5], [6]

Anyway, I just wanted to let you know that I really appreciate your invitation, but I will not be attending because I can’t get in the front door (or any other door) and I can’t use the restroom. I’m going to my boss’s house. She uses a wheelchair. So does her partner. Their house is pretty darned accessible. I look forward to having Thanksgiving dinner with my friends and colleagues, many of whom use wheelchairs, at my friend’s house. When I go there, I can get in the house, I can have Thanksgiving dinner with my friends and colleagues; I can even use the restroom. Isn’t that crazy? Having people who use wheelchairs come to your house for a holiday gathering? Seems silly, right? I ask everyone reading this who owns a home that is not wheelchair accessible to stop and think how many times you have your friends and family visit you at your home. Now, stop and think about whether a friend or family member who uses a wheelchair could join you. Now, stop and think about what you’re going to have to do when you need accessible features in your house.

And, seriously, I thoroughly understand and completely confess there may be many reasons why you would not want me to be at your Thanksgiving dinner table, but are you really going to use the “my house is not wheelchair accessible” excuse? I mean this is getting old. You know somebody who uses a wheelchair who cannot easily access your house and use basic facilities like the restroom. Admit it! Do you just not invite that person, or do you go through great difficulties getting that person in and out of your house and dealing with the restroom situation?

Happy Thanksgiving! And special holiday wishes to you and yours if you are part of a home builders association that has actively opposed any legislation requiring or encouraging the advancement of visitability features in newly designed and constructed homes. It would be a shame if you hurt yourself carrying a relative up your front stairs for Thanksgiving dinner. And please be careful not to trip on one of those steps.

Maybe I will swing by after all. What are you having for dessert?

November 26, 2019

[1] Trust me, this is their language and not mine. I would never use that word in describing a house, but that is what they say.

[2] https://www.huduser.gov/portal/publications/PDF/FAIRHOUSING/fairfull.pdf (visited Nov. 25, 2019).

[3] See “Injuries and stairs occur in all age groups and abilities,” a 2017 article published by Reuters, claiming that, “More than 1 million Americans injure themselves on stairs each year, according to a study in the American Journal of Emergency Medicine,” at https://www.reuters.com/article/us-health-injuries-stairs/injuries-on-stairs-occur-in-all-age-groups-and-abilities-idUSKBN1CE1Z4 (visited Nov. 25, 2019).

[4] See, e.g., “Increasing Home Access: Designing for Visitability,” published by the AARP in 2008, at https://assets.aarp.org/rgcenter/il/2008_14_access.pdf (visited Nov. 25, 2019). Page 32 provides a listing of locations that have enacted laws or ordinances. I want to stress that I have not investigated the correctness or authenticity of references to laws or ordinances requiring visitability. The purpose of these references is to allow the reader to get a glimpse of what is possible.

[5] Ordinance No. 20140130-021 R320 “Visitability,” http://www.austintexas.gov/edims/document.cfm?id=205386 (visited Nov. 25, 2019).

[6] See “Accessibility and Visibility Features in Single-family Homes: A Review of State and Local Activity” by Andrew Kochera, published in March 2002 by the AARP Public Policy Institute, a division of the Policy and Strategy Group at AARP. https://assets.aarp.org/rgcenter/il/2002_03_homes.pdf (visited Nov. 25, 2019).

Loss of Initiative 300 Sad Day for Denver

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 2^nd 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