Aug 14, 2020

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Lived Experience: Community advocate calls for greater tenant-landlord fairness

by | Aug 14, 2020

Editor’s note: This vignette is part of the Lived Experience series, which highlights how Coloradans benefit from policy and advocacy efforts led by CCLP and its partners.

Imagine living in the same community for six years and paying rent every single month on time, only to receive a notification on your door stating that you will be evicted and that you owe $15,000 in rent.

“I’m like wait, how is that possible?” explains Ealasha Vaughner, the recipient of the aforementioned notice. “I would have been evicted by then [and] I’ve paid rent every month on time. There’s just no way.”

This notice was one among many of the problems that Ealasha experienced while living in a community that is managed by an affordable-housing organization. “Throughout the years I have had a lot of issues,” Ealasha says. “I’ve had to unfortunately make sure I have the right emails, make sure I keep copies of everything I sign, because every year you have to recertify [to continue living with the housing organization], and every year something was wrong.”

Before being accepted to live in her current affordable housing community, Ealasha shared an apartment with her then-husband. “We had two incomes and a house and were doing exactly what we were supposed to do,” she says. “Unfortunately, my ex-husband, he kept getting in trouble…we ended up losing our house and me and my daughter were homeless for about three to four months until I was able to get the temporary housing.”

Ealasha is a mother of two daughters, aged seven and four. In addition to having three bachelor’s degrees, she is an active community member and advocate who is part of several policy groups, including Clayton Early Learning’s Parent Ambassadors Program — for which she is one of the founding members. Due to COVID-19 and the transition to online schooling, she spent the past several months at home with her daughters. “Working, trying to do their schooling from 8:30 (a.m.) to 3:30 (p.m.) as well as taking care of them at home has been different to say the least,” she says, “[I’m] trying to balance that all out.”

It was during these recent months that Ealasha received her eviction letter. After investigating, Ealasha found that the $15,000 balance was due to errors made by previous leasing managers. “For the last two years the old leasing managers were not turning in paperwork that I signed,“ she explains. “They didn’t tell me I had to sign a new letter each year saying how much my rent was. So, my rent was supposed to be a certain amount for the last two years and I was paying something completely different.”

Ultimately, Ealasha had to pay $5,000 to resolve the issue. “It’s [between] a rock and a hard place because you got to pay the balance off,” Ealasha says. “On paper, it’s your responsibility… So, I had to and have been looking for rental assistance, picking out of my own emergency fund just to pay off this balance that could have been prevented if the housing department did their job.”

This is not the first time that Ealasha has been threatened with eviction while living in her current residence. Previously, her housing community had accused her of fraud when they believed her to be working two full-time jobs — one in Denver and one in Wyoming. Ealasha explains, “I got a letter on my door saying that I was going to get evicted and get federal charges because I wasn’t turning in income… I had to do all this stuff to show I wasn’t working in a different job, even though it was very obvious that someone had taken my identity.”

Ealasha believes that more regulations are needed in order to ensure that paperwork is properly done and tenants are not forced to bear the brunt of managerial mistakes.

“A lot of those situations were very difficult because they thought that they could just walk over me because I’m a tenant,” she says. “If I had legal counsel they probably would have got things situated and figured out quicker than when I was just doing it myself… I had to deal with it all on my own. I didn’t have any help.”

A common problem
Wrongful evictions and notices are much more common than one might think, and it is not unique for Coloradans like Ealasha who are facing eviction to be unable to access legal assistance or be forced to take on landlords alone. In a 2017 study of Denver County evictions that occurred from 2014-2016, Colorado Center on Law and Policy found that tenants were only represented by an attorney in 1 to 3 percent of cases, whereas landlords were represented almost 100 percent of the time.

“There are roughly 45,000 evictions filed in Colorado each year, and most tenants facing an eviction are left to navigate the complex legal system by themselves, without the assistance of an attorney.  These evictions frequently destabilize families, disrupt communities and uproot children from their schools,” says Jack Regenbogen, Esq., Senior Attorney at CCLP.

Legislation addresses concerns
These concerns are what motivated CCLP to work towards one of its major legislative successes of 2019: passing Senate Bill 180. The bill created an eviction legal defense fund that would award grants to qualifying nonprofit organizations who provide free or low-cost legal counseling to clients experiencing eviction.

For the 2019-20 state fiscal year, $750,000 in General Funds was appropriated to the eviction legal defense fund. Alongside COVID-19-related budget cuts, however, general funds for the Eviction Legal Defense Fund were cut to $600,000 for FY 2020-21. Now more than ever, this fund has proven to be extremely helpful for eviction legal defense organizations who are working to combat looming and unfathomably high numbers of COVID-19 related evictions. Given the irrepressibly immense role of evictions in contributing to a homelessness and hunger crisis brought on by the pandemic, increased and continued advocacy and funding is needed.

COVID-19 aside, the housing situation in Colorado was already dismal and higher levels of advocacy are long overdue. In the words of Ealasha, “Something has to give. Our housing is way too expensive for the amount of money were getting offered for positions… Something has to balance out. Either the government has to give more funding for housing or we’re going to have to get paid more to be able to live in Colorado.”

Ealasha was connected with CCLP through Clayton Early Learning’s Parent Ambassador Program. Kayla Frawley, who directs the program, states:

 “The Parent Ambassador Program honors the leadership of parents while building skills to engage in state policy and advocacy, offering parents opportunities like public speaking, testifying, writing op-eds in local media, or participating in press conferences and engaging in law making.  Stipends are given to all parents that participate, and childcare reimbursement costs available. We believe parents are the sleeping giants, equipped with natural leadership skills to make change in their communities, schools and state. Please contact Kayla Frawley, kfrawley@claytonearlylearning.org to get involved.  

-By Andra Metcalfe

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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.