Fair Housing, the Co Dept. of Law, Disability Housing & Olmstead

Lack of Disability Housing both Accessible Housing & Supportive Housing is a MAJOR FAILURE of Colorado Policy and Compliance with Federal Law.

Olmstead provides that if States want a DEFENSE to not having DISABILITY HOUSING to SCALE (as well as other things) ---

• Then States need a COMPREHENSIVE, EFFECTIVELY WORKING PLAN ---- and WAITLISTS moving at a "REASONABLE PACE."

In 1999, the US Supreme Court in Olmstead was really talking about waitlists of PEOPLE --- moving out of institutions.

BUT that is HARD TO DO if you don't DRILL DOWN a little further and understand what SERVICES, HOUSING, PLACEMENTS, etc. that you need to move people out of institutions.

Further, ACCESSIBLE HOUSING for people with "physical disabilities" has been CLEARER even though we haven't provided enough.

I'm not sure that SUPPORTIVE HOUSING was the buzz word in 1999 that is today --- but it is pretty clear in 2022 that SUPPORTIVE HOUSING is a BIG PIECE of the Puzzle for people with "cognitive disabilities."

I'm using "cognitive disability" in a BROAD SENSE of PSYCHIATRIC DISABILITY, DEVELOPMENTAL DISABILITY, BRAIN INJURY and SUBSTANCE ISSUES.

Further, these issues are often overlapping or CO-OCCURRING.

The Colorado Dept. of Law's Fair Housing Unit is to be focused on STATE LAW --- but I'm not sure with respect to "DISABILITY" that is hugely different from Federal Law.

Bringing in the CO Dept. of Law's Fair Housing Unit as well as CO Dept. of Regulatory Agencies as OFFICIAL STAKEHOLDERS in a CO OLMSTEAD PLANNING PROCESS could help to RAISE THE STATUS of the DISABILITY HOUSING ISSUE.

Finally, in the words of the US DEPT. OF JUSTICE:

• Measurable Goals
  
• Reasonable Time Frames, &
  
• Funding to Support the Plan
  

HB22-1082

Establish Fair Housing Unit Department Of Law

Concerning the enforcement of state housing laws by the department of law, and, in connection therewith, establishing a fair housing unit within the department of law.

Below via CO Department of Regulatory Agencies --
Civil Rights Division

Protected Classes Enumerated at C.R.S. § 24-34-502

• Disability (a mental or physical impairment which substantially limits a major life activity)
  
  
  • Race
• Creed
• Color
• Religion
• Sex
• Sexual Orientation (which is statutorily defined as "including transgender status" - i.e. Gender Identity)
• Martial Status
• Familial Status 
• National Origin
• Ancestry
• Source of Income*

Persons who have engaged in protected activity (such as making a complaint of discrimination, or requesting a reasonable accommodation) are protected from retaliation for doing so. 


* Source of Income as a protected class effective January 1, 2021, see HB20-1332

See Also:

Fixing HCPF's FAIR HOUSING PROBLEM