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News

Jun 23, 2023

by and

An expert in policy advocacy and coalition building, Chaer has dedicated her career to helping people meet their basic needs and expanding economic opportunity. She serves on the executive committee of the All Families Deserve a Chance (AFDC) coalition. Staff page ›

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2023 Legislative Review, Part 1: Housing and Income

by and | Jun 23, 2023

Equity work, Family Economic Security, Housing, Income, Legislative Updates, Research and Policy Analysis

With more than 600 bills introduced, several late-night testimonies and deliberations, and new legislators getting their first experience at the lay-of-the-land, the 2023 legislative session was momentous for the anti-poverty movement. This year, Colorado Center on Law and Policy advocated in support of 53 bills, 44 of which passed, including four of our top legislative priorities. More than half of CCLP’s staff provided written or live testimony for 18 bills, which is a considerable feat as this year was many of our staff’s first session, let alone their first time testifying. And after 25 years, CCLP continues to work towards a thriving Colorado where everyone has what they need to succeed.

Tax credits and rebates

Currently, around 300,000 Coloradans receive the Earned Income Tax Credit (EITC) and approximately 150,000 families receive the Child Tax Credit (CTC). The passage of HB23-1112, Earned Income and Child Tax Credits, raises the EITC from 24% of the federal EITC to 38%, increasing the help to struggling families, but only for the Tax Year 2024. With amendments to the bill, CCLP was most excited to make a permanent change to our CTC by creating flat-rate income tiers. Beginning in TY2024, families with income(s) below $25,000 receive a flat-rate of $1,200 per child. Currently, families earning less than $12,500 per year receive a smaller CTC amount or none at all.

CCLP has long opposed the 6-tier sales tax rebate structure of TABOR refunds, which gives the largest refund to the wealthiest tax filers and the smallest amount to low-income individuals. Unfortunately, the voter-approved reduction in the state income tax rate last fall[i] was not a net benefit for Coloradans with lower income(s). It reduces any TABOR refund they might receive and provides little or no benefit due to their income(s) being too low to owe much in income tax.

The flat TABOR refund authorized for the Tax Year 2021, with the passage of SB22-233, gave every tax filer an equal amount of $750, or $1,500 if filed jointly, but was only applicable for that year. This year, HB23-1311, Identical Temporary TABOR Refund, also determined for one year only, TY2023, was introduced in the last three days of session. The refund is conditional on voters approving proposition HH at the November 7, 2023, statewide election, and would be paid out when people file their taxes in early 2024. SB23-303 was also introduced days before the 2023 session ended and is similarly conditional on voters approving proposition HH. This ballot measure would provide property tax relief for homeowners and businesses from the money above the TABOR cap and would also provide school funding and some assistance to certain renters.

 

Education, training, and employment

A key to increasing one’s income is advancing one’s education. Nearly 300,000 Colorado adults lack high school diplomas. Many of these individuals are barred from most jobs and even skills-training opportunities. With Spring Institute, the Skills2Compete Coalition, and a coalition of adult education providers, SB23-007, Adult Education, was developed and passed. It triples ongoing state funding for adult education from less than $1 million per year to $3 million per year. It also reduces and tailors reporting requirements for adult basic education programs who teach students reading below a 9th grade level. The bill explicitly adds digital literacy to the scope of adult education, given the considerable need for all adults to have fundamental digital skills for every aspect of our society. And lastly, it lets community colleges grant a high school diploma to their own adult education students, opening the door for adult Coloradans to prosper in their careers.

In terms of workforce development, the largest and most far-reaching bill this session was the Governor’s HB23-1246, Support In-demand Career Workforce. This bill puts a one-time $39 million into paying for community college classes for those seeking short-term credentials to help fill critical workforce shortages, specifically in education, nursing, early childhood education, law enforcement; and another $1.4 million into construction-related apprenticeship programs. This is a great opportunity for those who would like to enter these fields but were held back by the cost.

CCLP and the Skills2Compete Coalition also lobbied for enhanced funding for SNAP Employment and Training, HB23-1124, which would have renewed HB21-1270, a bill we passed in 2021. Each state or local dollar would have been matched with a federal dollar to continue and expand providing support services and training to those on SNAP seeking employment and taking a new job. Currently, only 28 of Colorado’s 64 counties have the SNAP Employment and Training Program, Employment First. With HB23-1124 being postponed indefinitely by this year’s legislature, Skills2Compete will continue to work with the Colorado Department of Human Services (CDHS) on enhancements and improvement to this program that is the entry door to workforce development for many Coloradans.

 

Fair Workweek

Beyond education and training for employment, another major factor in many employment sectors is the issue of job quality, a major factor in the workforce shortages many employers and sectors are experiencing. Jobs without predictable schedules, when employers call in workers, or send them home, without advanced notice, or conversely, in which overtime work can be required without advance notice, or jobs without a set number of hours per week can wreak havoc on a person’s life. A shortage of expected hours can leave workers short on rent or at risk of losing SNAP and/or other benefits.

One in four households in Colorado are unable to make ends meet, and countless more depend on stable incomes to help them budget for their family’s needs each month.[ii] Unpredictable hours make it hard to arrange childcare, to enroll in training, difficult to make medical appointments, or even maintain a second job.

CCLP was proud to support HB23-1118, Fair Workweek Employment Standards, led by 9to5 Colorado, State Innovative Exchange, and Towards Justice. Though the bill was killed in the first committee, CCLP’s research on this issue will help with the continuing efforts to address this major issue affecting workers in low paid jobs.

 

Housing and land use

The high cost of housing affects a large swath of Coloradans. For every 100 Coloradans who earn the Area Median Income, there are only 102 homes available. But for every 100 Coloradans whose income is below 30% of the Area Median Income there are only 26 available homes.[iii] As proponents of affordable housing and tenant rights, CCLP continues to be an active member of the Renters’ Roundtable. We supported 10 tenant protection bills led by partner organizations. Unfortunately, the two bills which received the most contention – HB23-1115, removing a ban on local rent control, and HB23-1171, requiring a reason for non-renewal of a lease agreement – were postponed indefinitely. However, here are a few lesser-known bills that did pass this year:

  1. HB23-1095 – Prohibited Provisions in Rental Agreements. Led by 9to5 Colorado, this law prohibits certain provisions in rental agreements. No longer will tenants be required to sign leases which include a fee for being evicted, a prohibition on class action suits, a penalty for failure to provide notice for nonrenewal of a lease beyond actual losses, eviction for non-payment of utilities alone if a landlord operates on a voucher or subsidy program, and more.
  2. SB23-184 – Protections for Residential Tenants. Led by Colorado Coalition for the Homeless and Colorado Poverty Law Project, this new law prohibits the requirement that a tenant’s income exceed two times of rent. Many landlords currently require a tenant have income three times that of their rent. While it is not ideal to have to spend more than 30% of one’s income on rent, half of Colorado renters do.[iv] This bill also limits the security deposit that is over two monthly rent payments and allows a tenant to assert an affirmative defense to an eviction hearing that the landlord violated anti-discrimination housing laws.
  3. HB23-1120 – Eviction Protections for Residential Tenants. Led by Disability Law Colorado and Colorado Cross-Disability Coalition, this new law protects those who self-identify as recipients of Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), or Temporary Assistance to Needy Families (TANF). The law requires landlords who have more than five single family homes and more than five rental units including any single family homes to mediate prior to filing for eviction. Such a tenant will now be given 30 days to move if evicted, giving them a better opportunity to mitigate challenges related to finding low-income housing and/or units that meet their mobility needs.

Sadly, there was another bill which passed the Colorado legislature, but which was vetoed by Governor Jared Polis after the end of the legislative session: HB23-1190, Affordable Housing Right of First Refusal. Led by Colorado Poverty Law Project, CCLP was a key stakeholder and actively lobbied the bill in the Senate. The measure would have allowed local governments a right of first refusal to match an offer on a multi-family unit of 15 or more units in urban areas or five or more units in rural areas. To preserve affordability, such units would have been allowed to increase rent at the rate of inflation, preserving affordability. The bill would have been the first statewide law of its kind in the nation.

 

Zoning and low-cost housing

Beyond our support of tenant’s rights, CCLP recognizes the need to preserve low-cost housing and to create housing that is affordable, especially to those with very low incomes (i.e., those with income(s) below 30% of the Area Median Income.) Between 2010 and 2019, Colorado has seen its stock of units that rent for less than $600 per month shrink by over 40%.[v] New housing is rarely created for those whose income is less than $25,000 per year without a government subsidy for the developer.

CCLP has been researching and evaluating best practices that focus on zoning, land use, and planning as a strategy to increase our supply of affordable rental housing. CCLP encourages practices which will lead to the development of housing for people who have been or could be priced out of housing, to reduce racial segregation of neighborhoods, and to increase density while avoiding the gentrification or displacement of current residents.

As a member of a multi-interest statewide coalition related to reforming land use and zoning policies in Colorado to address conservation, climate change, and lower housing costs, CCLP helped developed a set of legislative proposals that would require local governments to study and plan for future housing needs across all income levels, increase density around transit stations, and legalize housing types such as duplexes, that local governments make illegal to build in many of our detached single-family housing neighborhoods across our state.

This proposal informed the Governor’s own Land Use proposal, SB23-213, which incorporated many of these ideas. It did not explicitly require any level of affordability for new housing created; however, it would have required local governments to adopt policies to encourage the construction of housing affordable to low-income Coloradans, in addition to policies to discourage displacement. Some policies of the introduced bill could have had the unintended consequence of exacerbating displacement of longtime residents, a concern CCLP shared.

Ultimately, the governor’s bill was postponed indefinitely on the last day of session, primarily due to opposition from local governments who viewed it as a state “power grab” of what has been local control of most land use and zoning decisions. Nevertheless, we are glad to see the public discussion of the barriers that land use and zoning place on housing affordability, equitable access, and even general housing availability. CCLP looks forward to continuing to advocate for policies that expand the supply of affordable housing for working families in Colorado in a way that does not risk displacing these same folks from their current neighborhoods.

 

Stay tuned for Part 2 of our legislative wrap-up, where we’ll take a look at big changes for patients and Coloradans struggling to pay high medical bills!

 

[i]https://leg.colorado.gov/sites/default/files/initiative%2520referendum_proposition%20121%20final%20lc%20packet.pdf

[ii] https://copolicy.org/resource/overlooked-and-undercounted-2022/

[iii] https://nlihc.org/housing-needs-by-state/colorado

[iv] https://www.chfainfo.com/getattachment/cad06816-f243-4218-b438-65df4c903f44/WP_HousingAffordabilityGap.pdf

[v] https://copolicy.org/wp-content/uploads/2022/04/220308-Low-Cost-Housing-in-Colorado-Issue-Brief.pdf

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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.