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Mar 22, 2023

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Charles serves as CCLP's Income and Housing Policy Director using data and research to support our efforts to stand with diverse communities across Colorado in the fight against poverty. Staff page ›

Recent articles

A Summary of Pro-Tenant Bills in the 2023 Legislative Session, Part 1

by | Mar 22, 2023

Equity work, Housing, Legislative Updates, Research and Policy Analysis

Protections for renters are important for Colorado. Pro-tenant policies lead to greater housing stability, particularly for our lowest income households. They also can help prevent displacement and the process of gentrification – changing the character of a neighborhood through the influx of new and affluent tenants, typically displacing the current inhabitants in the process. Keeping Coloradans housed is also the most effective way of preventing homelessness. While advocates in Colorado, including Colorado Center on Law and Policy, have expanded the protections available to tenants in our state, renters need more protections to ensure that the balance of power between them and their landlord is equitable, and that tenants feel safe and secure their homes. Legislators have introduced many pro-tenant bills during the 2023 session of Colorado’s General Assembly that will continue to move the needle towards balance between landlords and renters in our state. 

This is the first of two articles related to the Pro-Tenant Bills in the 2023 Legislative Session. 

 

Evictions 

There are few options for a person or family to stay in their home once they receive an eviction notice. Tenants often go up against landlords who are far more likely to have the time and legal representation needed to prevail in court, unlike tenants—even in instances where the facts of the case are in the tenant’s favor. We know from our own research, and a recent report from our partners at Enterprise Community Partners and the Colorado Futures Center at Colorado State University, that few renters have legal representation in eviction cases in Colorado. Yet, outcomes for renters were more likely to be in their favor when represented by a lawyer. Tenants do not have a right to an attorney in eviction cases, which is why communities like Boulder have asked voters to approve programs that ensure all tenants have a right to legal representation (the No Eviction Without Representation or NEWR effort succeeded in Boulder but failed in Denver last November).  

According to a report from the City of Boulder on their Eviction Prevention and Rental Assistance Services (EPRAS) program, only 20 of the city’s 88 eviction cases in 2021 resulted in an eviction. The evictions that did occur did so because the tenant either did not respond to the City’s attempt to contact them or the tenant failed to appear in court, resulting in a default eviction. The General Assembly is considering a bill that could reduce the rate of no-shows in eviction cases in Colorado. HB23-1186 Remote Participation in Residential Evictions would allow tenants and landlords to take part remotely in the proceedings. A similar policy implemented in Maricopa County, AZ lowered the failure to appear rate for eviction cases from between one-third to 40% of cases to 13%. According to a survey respondent quoted in the report, “Litigants like [being able to appear remotely] because it reduces cost for travel time and time off work. Attorneys like it because it reduces the problems associated with having to be in multiple courts on any given morning.” 

Another bill that would expand access to eviction protections for tenants in our state is HB23-1120 Eviction Protections for Residential Tenants. This bill would require landlords and tenants to participate in mediation prior to an eviction action if the tenant receives Supplemental Security Income (SSI), federal Social Security Disability Insurance (SSDI), or cash assistance through Colorado’s Temporary Assistance for Needy Families (TANF) program, Colorado Works. The bill also prevents law enforcement from executing an eviction for at least 30 days after a court authorizes one. This extra time is important for SSI or SSDI recipients who may have disabilities that make finding a suitable place to move more difficult (e.g., those with limited mobility may need a home with a no-step entry), not to mention the challenges that moving to a new home in the first place may present. 

Even with greater access to legal representation or mediation and the ability to appear remotely for an eviction proceeding, it is important to recognize that many evictions never make it to court. Tenants often choose to move out of their home immediately after receiving an eviction notice, even if there is no legal basis for the eviction in the first place. Tenants may be afraid to challenge the eviction or are unaware that they have a legal right to do so. Because of the power imbalance that exists between landlords and tenants, increasing the rights and protections available to tenants prior to an eviction notice will be necessary to ensure predatory landlords do not abuse their power over tenants, leading to situations where tenants might be afraid to exercise the rights they have under state law for fear of what their abusive landlord might do in retaliation, including serving them with an eviction notice.  

This is where another important bill under consideration by the General Assembly this year comes in. HB21-1171 Just Cause Requirement Eviction of Residential Tenant defines when a landlord would have “just cause” for an eviction. Under the bill, “just cause” exists only when the tenant fails to pay rent after proper noticing of nonpayment by the landlord, the tenant commits a substantial violation of the lease agreement and does not address it within 10 days after notice, the tenant refuses to allow the landlord entry to their property even after proper noticing, or the tenant refuses to renew a lease with terms that are substantially identical to the tenant’s current rental agreement. There are conditions where a no-fault eviction can take place, such as if the landlord wishes to demolish their property or convert it to a new use, to perform substantial repairs or renovations to the property, or to live in the property themselves. Landlords that proceed with a no-fault eviction must also provide the tenant relocation assistance in the amount of 2 months’ rent plus the amount of one additional month of rent if the tenant or their family includes an individual who is less than 18 years or 60 years and older, has a household income that is equal to or less than 80% of the area median income, or includes an individual with a disability. With these guardrails in place, tenants can feel more secure in their homes knowing that they can only be legally evicted under a specific set of circumstances and that their landlord cannot use the eviction process to intimidate or retaliate against them.

 

Part 2 is to come later this week.

Click here for the list of 2023 Tenant Protection Legislation.

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HEALTH:
HEALTH FIRST COLORADO (MEDICAID)

Health First Colorado is the name given to Colorado’s Medicaid program. Medicaid provides public, low-cost health insurance to qualifying adults and children. It is an entitlement program funded by the federal, state, and county governments and is administered by counties in Colorado. Those who are required to pay must pay a small co-pay when receiving certain health care services.

State Department: Department of Health Care Policy and Financing

Eligibility: Most adults 18 to 64 are eligible for Medicaid in Colorado if their household income is at or below 133% of the federal poverty limit (FPL). Pregnant women are eligible with incomes of up to 195% FPL, while children under 18 may be eligible if the live in a household with income at or below 142% FPL. Some adults over 65 may also be eligible for Medicaid.

Program Benefits: Through Medicaid, low-income Coloradans are eligible for a range of health care services at little to not cost. Services provided include doctors visits, prescription drugs, mental health services, and dental care. Co-pays for certain individuals may be needed for certain services.

Program Funding and Access: Colorado funds our Medicaid program through state and federal dollars. Medicaid is an entitlement program, which means that all who are eligible for Medicaid can access the program, regardless of the funding level in a given year. This does not mean that it is always easy to access Medicaid, even when eligible. And since the program is administered by counties, funding levels for county staff and other administrative roles can make it easier or harder for Coloradans to access the program. On top of this, not all medical providers accept Medicaid which limits the ability of Coloradans to seek health services even if enrolled, such as if the nearest provider is a 2+ hour drive away.

Note: This data is from before the pandemic and does not reflect changes in enrollment rules during the COVID-19 pandemic and public health emergency.

Statewide Program Access 2015-19: Over the study period of this report, an average of 89.0% of the population at or below 133% of FPL (i.e., the population who is likely to be eligible for Medicaid) were enrolled in Medicaid in Colorado.

FOOD SECURITY:
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)

The Supplemental Nutrition Assistance Program or SNAP helps low-income Coloradans purchase food by providing individuals and families with a monthly cash benefit that can be used to buy certain foods. SNAP is an entitlement program that is funded by the federal and state governments and administered by counties in Colorado.

State Department: Department of Human Services

Eligibility: Currently, Coloradans qualify for SNAP if they have incomes below 200% FPL, are unemployed or work part-time or receive other forms of assistance such as TANF, among other eligibility criteria. Income eligibility for SNAP was different during the study period of this report than today—it was 130% FPL back in 2019 for example. The US Department of Agriculture uses the population at or below 125% FPL when calculating the Program Access Index (or PAI) for SNAP. We follow this practice in our analysis despite Colorado currently having a higher income eligibility threshold.

Program Benefits: SNAP participants receive a monthly SNAP benefit that is determined by the number of people in their household and their income. Benefit amounts decrease as income increases, helping households avoid a sudden loss of SNAP when their incomes increase, even by a minor amount. Benefits are provided to an Electronic Benefit Transfer (EBT) card that can be used to purchase eligible food items, such as fruits and vegetables; meat, poultry, and fish; dairy products; and breads and cereals. Other items, such as foods that are hot at their point of sale, are not allowable purchases under current SNAP rules.

Program Funding and Access: SNAP, like Medicaid, is a federal entitlement program. This means that Colorado must serve any Coloradan who is eligible for the program. As such, funding should not be a limit to how many Coloradans can be served by the program. However, funding for administration of SNAP at the state and county level can limit the ability of county human service departments to enroll those who are eligible. Other program rules and administrative barriers can make it difficult for Coloradans to receive the benefits they are legally entitled to receive.

Statewide Program Access 2015-19: Over the study period of this report, an average of 61.1% of the population at or below 125% of FPL (i.e., the population who is likely to be eligible for SNAP) were enrolled.

FOOD SECURITY:
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC)

The Special Supplemental Nutrition Program for Women, Infants, and Children, also know as WIC, provides healthcare and nutritional support to low-income Coloradans who are pregnant, recently pregnant, breastfeeding, and to children under 5 who are nutritionally at risk based on a nutrition assessment.

State Department: Department of Public Health and Environment

Eligibility: To participate in WIC you must be pregnant, pregnant in the last six months, breastfeeding a baby under 1 year of age, or a child under the age of 5. Coloradans do not need to be U.S. citizens to be eligible for WIC. In terms of income, households cannot have incomes that exceed 185% FPL. Families who are enrolled in SNAP, TANF, Food Distribution Program on Indian Reservations (FDPIR), or Medicaid are automatically eligible for WIC. Regardless of gender, any parents, foster parents, or caregivers are able to apply for and use WIC services for eligible children.

Program Benefits: WIC provides a range of services to young children and their parents. These include funds to purchase healthy, fresh foods; breastfeeding support; personalized nutrition education and shopping tips; and referrals to health care and other services participants may be eligible for.

Program Funding and Access: WIC is funded by the US Department of Agriculture. The state uses these federal funds to contract with local providers, known as WIC Clinics. In most cases, these are county public health agencies, but that is not the case in all Colorado counties. Some WIC Clinics cover multiple counties, while others are served by multiple clinics. Private non-profit providers are also eligible to be selected as a WIC Clinic.

Statewide Program Access 2015-17: Between 2015 and 2017, an average of 52.2% of the population eligible for WIC were enrolled in the program in Colorado.

Financial Security:
Colorado Works

Colorado Works is the name given to Colorado’s program for Temporary Assistance to Needy Families or TANF. It is an employment program that supports families with dependent children on their path to self-sufficiency. Participants can receive cash assistance, schooling, workforce development and skills training depending on the services available in their county.

State Department: Department of Human Services

Eligibility: In general, Coloradans are eligible to enroll in TANF if they are a resident of Colorado, have one or more children under the age of 18 or pregnant, and have very low or no income. For example, to be eligible to receive a basic cash assistance grant through TANF, a single-parent of one child could not earn more than $331 per month, with some exclusions—and would only receive $440 per month (as of 2022). That said, there are other services provided by counties through TANF that those with incomes as high as $75,000 may be eligible for. In addition to these, participants in TANF are required to work or be pursuing an eligible “work activity” or work-related activity. Any eligible individual can only receive assistance if they have not previously been enrolled in TANF for a cumulative amount of time of more than 60 months—this is a lifetime limit that does not reset. Counties may have additional requirements and offer benefits that are not available in other counties in Colorado.

Program Benefits:  While the exact benefits that one is eligible for under TANF can vary, all qualified participants are eligible to receive a monthly cash payment, call basic cash assistance. Other than cash assistance, counties are have a lot of choice in how to use their TANF funding; generally a use of TANF funds is appropriate so long as it advances one or more of the four purposes of the program: (1) provide assistance to needy families so that children can be cared for in their own homes or in the homes of their relatives; (2) end the dependence of needy families on government benefits by promoting job preparation, work, and marriage; (3) prevent and reduce the incidence of out-of-wedlock pregnancies; and (4) encourage the formation and maintenance of two-parent families.

It is important to note that those eligible for TANF are also eligible for many of the other programs we’ve included in this report, such as SNAP, Medicaid, and CCCAP.

Program Funding and Access: Colorado funds its TANF program through funds received from the federal government through the Temporary Assistance for Needy Families block grant. Most of the federal funds are allocated by the state to counties, which are required to provide a 20% match of state funding. Federal and state rules allow the state and counties to retain a portion of unspent funds in a TANF reserve.

Statewide Program Access 2015-19: Over the study period of this report, an average of 50.7% of the population at or below 100% of FPL (i.e., the population who is likely to be eligible for TANF) were enrolled in TANF in Colorado.

EARLY LEARNING:
COLORADO CHILD CARE ASSISTANCE PROGRAM (CCCAP)

The Colorado Child Care Assistance Program provides child care assistance to low-income families and caregivers living in Colorado in the form of reduced payments for child care. It is a program funded by the federal, state, and county governments and is administered by counties in Colorado. The share owed by parents/caregivers is determined on a sliding scale based on the family’s income.

State Department: Department of Early Childhood Education

Eligibility: Counties set eligibility for families separately, but must serve families with incomes at or below 185% of the Federal Poverty Limit. Families accepted to the program are no longer eligible once their income exceeds 85% of the state median income. Parents or caregivers must be employed, searching for work, or engaged in another approved activity to be eligible for CCCAP. Parents and caregivers enrolled in Colorado Works (Temporary Assistance to Needy Families or TANF) or in the child welfare system are also eligible to participate in CCCAP. Generally, CCCAP serves families with children under 13, although children as old as 19 may be eligible under certain circumstances.

Program Benefits: If a family is eligible for CCCAP and has income, they may likely have to pay a portion of their child’s or children’s child care costs each month. The amount that families owe is based on their gross income, number of household members, and the number of children in child care in the household. As such, households tend not to experience a benefit cliff with CCCAP when they see their incomes increase

Program Funding and Access: Colorado funds the CCCAP program using federal dollars it receives from the Child Care and Development Block Grant program. The state allocates federal and state funds to counties using a formula that takes into account factors like current caseloads and the number of eligible residents. Assistance is available until the county’s funds are spent, so the number of families that can be served is often a function of how much funding is available and the income and composition of the household that applies. It is not uncommon for counties to overspend or underspend their allocations of funds. The state reallocates unspent funds from counties who underspent to those who overspent. While underspending could indicate a problem with the way a county administers its CCCAP program, it could just as likely be a sign that there are few providers in the county who participate in CCCAP—or a lack of providers generally.

Statewide Program Access 2015-19: Over the study period of this report, an average of 10.8% of the population at or below 165% of FPL and younger than age 13 (i.e., the population who is likely to be eligible for CCCAP) were enrolled in CCCAP.

Housing:
HUD rental assistance programs

The US Department of Housing and Urban Development (HUD) has three housing assistance programs that we look at together: Housing Choice Vouchers (Section 8), Project-based Section 8, and Public Housing. In Colorado, these programs provided assistance to over 90% of the households who received federal housing assistance from all HUD programs. Through federally funded, local or regional public housing agencies (PHAs) are the agencies that administer these programs, through not all are available in all counties. These are not the only programs available in Colorado that assist households afford the cost of housing, such as units funded through federal and state tax credit programs.

State Department: Department of Local Affairs

Eligibility: Generally, households with incomes under 50% of the area median income (AMI) of the county they live in are eligible for these rental assistance programs, although PHAs have discretion to select households with incomes at higher percentages of AMI. That said, HUD requires that 75% of new vouchers issued through the Housing Choice Voucher/Section 8 program in a given year are targeted to households with incomes at or below 30% of AMI. PHAs are also able to create criteria that give priority to certain types of households who are on waiting lists for these programs.

Program Benefits: These rental assistance programs help households afford the cost of housing by reducing their housing costs to around 30% of their household income. In the case of the Housing Choice Voucher program, the PHA pays the voucher holder’s landlord the remaining portion of the rent.

Program Funding and Access: Funding and access are both challenges for these rental assistance programs. In addition to limitations on the number of public housing units or housing vouchers a PHA can manage or issue, lack of funding compared to the need constrains the ability of PHAs to assist low-income households. In 2020, Coloradans were on waitlists for Housing Choice Vouchers for an average of 17 months. Waitlists also exist for the other rental assistance programs.

Statewide Program Access 2015-19: Over the study period of this report, an average of 21.1% of renter households with incomes at or below 50% AMI (i.e., the population who is likely to be eligible for HUD rental assistance programs) were living in subsidized housing.