RSA-509 - Protection & Advocacy of Individual Rights (PAIR) Program Performance Report

Colorado (Center for Legal Advocacy) - H240A130006 - FY2013

General Information

Designated Agency Identification

NameThe Legal Center for People with Disabilities and
Address455 Sherman Street
Address Line 2Suite 130
CityDenver
StateColorado
Zip Code80203
E-mail Addressmaharvey@thelegalcenter.org
Website Addresshttp://www.thelegalcenter.org
Phone303-722-0300
TTY 303-722-3619
Toll-free Phone800-288-1376
Toll-free TTY800-288-1376
Fax303-722-0720
Name of P&A Executive DirectorMary Anne Harvey
Name of PAIR Director/CoordinatorAlison Butler Daniels
Person to contact regarding reportMary Anne Harvey
Contact Person phone303-722-0300
Ext.506

Part I. Non-Case Services

A. Individual Information and Referral Services (I&R)

Multiple responses are not permitted.

1. Individuals receiving I&R within PAIR priority areas322
2. Individuals receiving I&R outside PAIR priority areas284
3. Total individuals receiving I&R (lines A1 + A2)606

B. Training Activities

1. Number of trainings presented by PAIR staff20
2. Number of individuals who attended training (approximate)1,227

The Legal Center’s Legal Services Director presented a 30 minute session on the ADA and the History of the ADA in Higher Education with KUNC Radio for the University of Colorado. The session was a radio interview. The radio station reaches out to over 500 students attending the University of Colorado in Denver, and Boulder, Colorado.

The Legal Center’s Legal Services Director presented two separate trainings in the Western Slope area to parents of students with disabilities regarding issues and rights under the ADA, §504 and the IDEA. One hundred parents from the Eagle County School District attended the first session and 130 parents from the Park County School District attended the second session.

PAIR staff, including The Legal Center’s Legal Services Director, presented a two-part CLE training regarding issues and rights under the ADA, §504 and the IDEA. It was a formal presentation followed by questions and answers. Approximately twenty attorneys attended each of these trainings.

The Legal Center’s Legal Services Director presented a four hour session regarding issues and rights under the ADA, §504 and the IDEA for The Rocky Mountain Children’s Law Center. Ten attorneys attended this training.

The Legal Center’s Legal Services Director presented a 90 minute session regarding issues and rights under the ADA, §504 and the IDEA for 20 educators for the Colorado League of Charter Schools.

PAIR staff partnered with a private law firm who represents housing providers to present a 3 hour training to housing managers and providers regarding Hot Topics in Fair Housing Law. The training was a formal presentation followed by questions and answers. There were approximately 50 people in attendance.

PAIR staff presented a 3 hour training to housing providers regarding Reasonable Accommodations and Modifications. It was a formal presentation, followed by questions and answers. Approximately 55 people attended.

PAIR staff did a 3 hour presentation on The Fair Housing Act and Disability Awareness to housing managers and providers. It was a formal presentation followed by questions and answers. There were approximately 35 in attendance.

PAIR staff presented a 30 minute training to Aging Services providers regarding Legal Issues Facing Seniors at the Clerk and recorder’s Office in Boulder Co. There were 32 people in attendance at this training.

PAIR staff presented a 2 hour session to staff, consumers and the public at the ARC of Arapahoe and Douglas Counties about People First Language. This was an informal presentation to approximately 10 people.

PAIR staff presented a 3 hour training regarding The Legal Center, its mission and scope of services. There were 50 people in attendance. This training was for families and service providers of the Center for Independence in Grand Junction.

PAIR staff presented a 2 hour session about Public Interest Law — including the ADA - for the Public Interest Law Group at the University of Denver Sturm College of Law. There were 70 people, including students and educators, in attendance.

PAIR staff presented a one hour CLE titled, “The ADA on the JOB.” The session was sponsored by the Denver Bar Association Young Lawyers Division. It was a formal presentation, followed by questions and answers. Approximately 15 attorneys were in attendance.

PAIR staff partnered with faculty at University of Denver Sturm College of Law in presenting a one hour session for students and the community of the ADA in employment. There were approximately 65 people in attendance.

PAIR staff presented a 2 hour session for the Marian Down’s Hearing Center about Employment Law and Accommodations in Secondary Education for 30 college students with hearing disabilities at the University of Colorado.

PAIR staff held a series of 3 lunch time learning sessions called WORKING IT OUT. The purpose was to educate the public and service providers about the rights of people living with HIV under the ADA and FMLA, as well as discuss the services available through the Division of Vocational Rehabilitation, Social Security applications and how to obtain public benefits. Approximately 5 people attended each lunch session.

C. Information Disseminated to the Public

1. Radio and TV appearances by PAIR staff1
2. Newspaper/magazine/journal articles21
3. PSAs/videos aired0
4. Hits on the PAIR/P&A website30,000
5. Publications/booklets/brochures disseminated0
6. Other (specify separately)0

Narrative

Randy Chapman’s Ability Blog received more than 17,000 hits during FY13 and has had more than 102,000 since its inception in September 2007. Randy Chapman, Director of Legal Services, posted 21 articles on his blog during FY13.

Part II. Individuals Served

A. Individuals Served

Count individual once per FY. Multiple counts not permitted for lines A1 through A3.

1. Individuals still served as of October 1 (carryover from prior FY)28
2. Additional individuals served during the year85
3. Total individuals served (lines A1 + A2)113
4. Individuals w. more than 1 case opened/closed during the FY. (Do not add this number to total on line A3 above.)2

B. Individuals served as of September 30

Carryover to next FY may not exceed total on line II. A.3 above 31

C. Problem Areas/Complaints of Individuals Served

1. Architectural accessibility6
2. Employment29
3. Program access1
4. Housing30
5. Government benefits/services21
6. Transportation0
7. Education10
8. Assistive technology1
9. Voting0
10. Health care11
11. Insurance0
12. Non-government services3
13. Privacy rights0
14. Access to records0
15. Abuse0
16. Neglect1
17. Other3

D. Reasons for Closing Individual Case Files

1. Issues resolved partially or completely in individual favor41
2. Other representation found3
3. Individual withdrew complaint14
4. Appeals unsuccessful10
5. PAIR Services not needed due to individual's death, relocation etc.0
6. PAIR withdrew from case2
7. PAIR unable to take case because of lack of resources1
8. Individual case lacks legal merit8
9. Other6

Please explain

E. Intervention Strategies Used in Serving Individuals

List the highest level of intervention used by PAIR prior to closing each case file.

1. Technical assistance in self-advocacy12
2. Short-term assistance60
3. Investigation/monitoring0
4. Negotiation7
5. Mediation/alternative dispute resolution0
6. Administrative hearings2
7. Litigation (including class actions)4
8. Systemic/policy activities0

Part III. Statistical Information on Individuals Served

A. Age of Individuals Served as of October 1

Multiple responses not permitted.

1. 0 - 42
2. 5 - 221
3. 23 - 59110
4. 60 - 640
5. 65 and over0

B. Gender of Individuals Served

Multiple responses not permitted.

1. Females48
2. Males65

C. Race/Ethnicity of Individuals Served

For individuals who are non-Hispanic/Latino only

1. Hispanic/Latino of any race13
2. American Indian or Alaskan Native0
3. Asian1
4. Black or African American6
5. Native Hawaiian or Other Pacific Islander0
6. White76
7. Two or more races1
8. Race/ethnicity unknown16

D. Living Arrangements of Individuals Served

Multiple responses not permitted.

1. Independent79
2. Parental or other family home16
3. Community residential home1
4. Foster care0
5. Nursing home4
6. Public institutional living arrangement0
7. Private institutional living arrangement0
8. Jail/prison/detention center1
9. Homeless4
10. Other living arrangements4
11. Living arrangements not known4

E. Primary Disability of Individuals Served

Identify the individual's primary disability, namely the one directly related to the issues/complaints

1. Blind/visual impairment4
2. Deaf/hard of hearing5
3. Deaf-blind0
4. Orthopedic impairment12
5. Mental illness14
6. Substance abuse0
7. Mental retardation2
8. Learning disability2
9. Neurological impairment10
10. Respiratory impairment4
11. Heart/other circulatory impairment5
12. Muscular/skeletal impairment3
13. Speech impairment1
14. AIDS/HIV45
15. Traumatic brain injury3
16. Other disability3

Part IV. Systemic Activities and Litigation

A. Systemic Activities

1. Number of policies/practices changed as a result of non-litigation systemic activities0

2. Number of individuals potentially impacted by policy changes50

Describe your systemic activities. Be sure to include information about the policies that were changed and how these changes benefit individuals with disabilities. Include case examples of how your systemic activities impacted individuals served.

***PAIR staff filed a complaint with the Department of Justice based on a nationwide daycare chain refusing to provide care for children with diabetes when such care has been specifically authorized by state law. The DOJ is currently investigating the daycare chain. If we are successful in our complaint, the impact would affect children with diabetes in daycare settings across the country.

***PAIR staff members are collaborating with others at our organization to assist people who are living in nursing homes, but would like to live in less restrictive settings. In order to accomplish this goal, we first identified everyone who was 50 years old or younger and living in a nursing home. Then, one by one, we are visiting each such resident to inform them of their rights and determine if they would like assistance in moving to the community. While many of these residents have indicated they are satisfied with their housing, we are confident that our personal contact is making a difference and we have been very pleased with the recent movement of a 52 year old woman with Multiple Sclerosis from an inappropriate nursing home setting to a place in a private residence in the community.

B. Litigation/Class Actions

1. Number of individuals potentially impacted by changes as a result of PAIR litigation/class action efforts1,000
2. Number of individuals named in class actions0

Describe your litigation/class action activities. Explain how individuals with disabilities benefited from your litigation activities. Be sure to include case examples that demonstrate the impact of your litigation.

Once again, PAIR staff was active in FY2013 in filing and pursuing administrative cases. Though we typically prefer to remedy issues directly with an organization through negotiation, when necessary, we file administrative complaints in any of the following areas: ***Disability discrimination complaints in the workplace — we file complaints with the Equal Employment Opportunity Commission (“EEOC”) or the Colorado Civil Rights Division (“CCRD”). ***Disability discrimination complaints against housing providers - we file complaints with the CCRD, the U.S. Department of Housing and Urban Development, the U.S. Department of Justice Office of Fair Housing and/or the U.S. Department of Agriculture. ***Disability discrimination complaints against a public accommodation — we file complaints with the CCRD and/or the U.S. Department of Justice; ***Disability discrimination complaints in publicly funded post-secondary educational institutions — we file complaints with the U.S. Department of Education Office of Civil Rights (“OCR”). If we deemed it appropriate and necessary, we are also open to filing any of the above complaints in state or federal court. Similarly, we are open to filing or intervening in any state or federal case or class-action alleging discrimination against people with disabilities. Finally, PAIR staff is actively involved in working with groups who may need amicus briefs filed in cases concerning people with disabilities.

While PAIR staff was not actively involved in any class action cases this year, our involvement in representing individual clients in litigation has served those individuals, and others following in their footsteps. Furthermore, we had a very active year in training, which we believe also serves a broad class of people with disabilities as well as those providing services.

***Some examples include filing a complaint with the EEOC claiming that an employee with HIV was discriminated against and terminated due to his disability; filing a complaint with the CCRD claiming that a client with orthopedic impairments was discriminated against in her subsidized housing; and filing a complaint with the DOJ claiming that a private day care was discrinminating against a child with diabetes.

Part V. PAIR'S Priorities and Objectives

A. Priorities and Objectives for the Fiscal Year Covered by this Report

For each of your PAIR program priorities for the fiscal year covered by this report, please:

  1. Identify and describe priority.
  2. Identify the need, issue or barrier addressed by this priority.
  3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority.
  4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration.
  5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions.
  6. Provide at least one case summary that demonstrates the impact of the priority.

Priority 1 — Assistance for Participants of Federally Funded Housing Programs

1. Identify Priority - Provide direct representation as well as information, referral, technical assistance, and community outreach to help remedy disability discrimination for tenants and applicants of subsidized, public, and other federally funded housing programs. 2. Need Addressed — Through client and advocate feedback, communication with service and legal providers, and input received from individuals with disabilities, The Legal Center has concluded that persons with disabilities who are ineligible for other federally funded protection and advocacy programs experience disability discrimination in housing and will benefit from direct representation, self-advocacy assistance, and activities designed to raise awareness and understanding of the rights of persons with disabilities in housing. We have also determined that such individuals would be unlikely to receive any assistance without our intervention in this area. 3. Indicators of Success — An indicator of success under this priority is when a property manager, landlord, or housing authority allows an individual with a disability to remain in or obtain a home, with equal opportunity to use and enjoy that home or when, after talking to PAIR staff, a client or housing provider understands his/her rights and obligations related to fair housing.

4. Collaboration - Pursuing this priority involves cooperative efforts with Colorado Legal Services, Colorado Cross Disability Coalition, the U.S. Department of Housing and Urban Development, the Colorado Civil Rights Division, individual county housing authorities, the Colorado Housing and Finance Association, as well as individual members of the private bar who accept such cases. In fact, in FY 2013, our organization paired with a private attorney to offer a training to housing providers, sponsored by Colorado Housing and Finance Authority.

5. Provide the number of cases handled under this priority. Indicate how many of these, if any, were class action. 24, with no specific class action cases.

6. Provide at least one case summary that demonstrates the impact of the priority. ***PAIR staff members have been working with a woman who has multiple disabilities, requiring her to use large amounts of medication. In order to keep her housing subsidy rate, she is required to inform the housing authority of her mileage expenses for medical trips. However, because of her disability and the effects of her required medications, she miscalculated some of her mileage expenses. As a result, her subsidy decreased, causing her significant hardship. PAIR staff has worked with the client and her physician on a letter and hearing explaining why there was a miscalculation so that she can resume her original subsidy amount.

***PAIR staff assisted a client who was living in an apartment and had a stroke shortly after signing a 1 year lease. Following the stroke, the client was no longer able to live on his own, as he required 24/7 skilled nursing care. When the client tried to terminate his lease, the landlord informed him it would cost $1000. PAIR staff intervened and requested a reasonable accommodation pursuant to the Americans with Disabilities Act (ADA) to allow the client out of his lease without penalty. The landlord agreed and the client was able to move to a skilled nursing setting.

***PAIR staff worked with a client with disabilities who had a service animal. When he was moving into his new apartment, the landlord demanded that he pay a pet deposit. When the client explained that the animal was not a pet, but rather a service animal, the landlord still insisted he pay the deposit — in violation of the ADA. PAIR staff intervened and wrote a letter on the client’s behalf explaining the law. The landlord then allowed the service animal without a pet deposit. Priority 2: Assistance in HIV/AIDS Legal Rights Network

1. Identify Priority - Provide information and referral, advocacy, and technical assistance to a population affected by HIV/AIDS. We will offer education, training and community assistance to individuals with HIV/AIDS, service providers, and fellow advocates who need guidance in understanding their rights and advocating for themselves or others who believe that their rights have been abridged.

2. Need Addressed - Through client and advocate feedback, communication with service and legal providers, and input received from individuals with disabilities, The Legal Center has concluded that persons with HIV/AIDS who are ineligible for other federally funded protection and advocacy programs, advocates and service providers will benefit from being provided with assistance on issues related to: a. Employment Discrimination b. Housing Discrimination c. Discrimination in Access to Public Accommodations d. Access to Government Services e. Public Entitlement Programs f. Confidentiality g. Family and Medical Leave We have also determined that individuals with HIV/AIDS would be unlikely to receive any assistance without our intervention in this area. Our services and programs are unduplicated elsewhere, and without our intervention, there would be no other organization to assist them in charting unfamiliar waters. 3. Indicators of Success — When a service provider, property manager, employer or medical professional makes a change in policy or practice to allow a person living with HIV/AIDS to fully and equally participate in their program or benefit from their services.

4. Collaboration - This priority involves on-going participation with groups that provide similar services for support, information and education, including working with Independent Living Centers, Colorado Legal Services, the Colorado AIDS Project and other local AIDS projects, the Women’s Lighthouse Project, local hospitals and medical providers specializing in HIV treatment, the Colorado Coalition for the Homeless, the Tenants’ Rights Advocacy Coalition, and the private bar.

5. Provide the number of cases handled under this priority. Indicate how many of these, if any, were class action. 51, with no specific class action cases.

6. Provide at least one case summary that demonstrates the impact of the priority.

*** PAIR staff assisted a 35 year old woman with HIV who was medically fragile and had fallen down the stairs at her upper level subsidized apartment complex. After the fall, the client was not able/comfortable returning to her home, so PAIR staff members assisted her in porting her voucher to another jurisdiction, as well as negotiating a mutual recession of her lease, so that she could leave the apartment without penalty.

***PAIR staff provided technical assistance to a 40 year old man who felt that he had been fired from his job due to his HIV status. Staff members helped him draft a complaint that he later submitted to the Colorado Civil Rights Division.

***PAIR staff was able to secure a grant to help a client with HIV pay for a large outstanding medical bill. At the same time, staff negotiated with the hospital to lower his unpaid balance due. The goal was to support the client’s return to work without having to worry about a garnishment of wages.

Priority 3: Assistance to Remedy Discrimination in Post-Secondary Education, Public Accommodations, and Government Services.

1. Identify Priority - Provide direct representation, advocacy, information, referrals, publications, and technical assistance to remedy disability discrimination for individuals who experience disability discrimination in post-secondary education, public accommodations and government services.

2. Need Addressed - Through client and advocate feedback, communication with service and legal providers, and input received from individuals with disabilities, The Legal Center has concluded that persons with disabilities who are ineligible for other federally funded protection and advocacy programs will benefit from receiving direct representation and self-advocacy assistance regarding their disability rights in post-secondary education, public accommodations and government services. We have also determined that such individuals would be unlikely to receive any assistance without our intervention in this area.

3. Indicators of Success —Success is measured when a post-secondary education institution, place of public accommodations or governmental services provider allows an individual with a disability equal access to their program or place of business or when, after talking with PAIR staff, a client or public accommodation provider understands his/her rights and obligations relating to non-discrimination on the basis of disability.

4. Collaboration - Pursuing this priority involves on-going collaboration with other agencies and organizations working in the field and organizations to which complaints are made, including, Plaintiffs Employment Lawyers Association, Faculty of Federal Advocates, Colorado Cross-Disability Coalition, the Colorado Civil Rights Division, and the U.S. Department of Justice, as well as individual members of the private bar who accept such cases. 5. Provide the number of cases handled under this priority. Indicate how many of these, if any, were class action. 17, with no specific class action cases.

6. Provide at least one case summary that demonstrates the impact of the priority. ***PAIR staff members have been working for over a year with a client who has a young daughter with diabetes. The child was diagnosed while she was attending a public daycare. Although the local staff at the daycare facility agreed to provide insulin shots to the daughter, the corporate office of the large, national chain refused to allow their staff to perform such duties — though they are delegable to non-medical staff in Colorado. After negotiations with the national office failed, staff members filed a complaint with the Department of Justice in December 2012. The case is currently being investigated in regard to its national policy.

***PAIR staff worked with a middle-aged man with disabilities who was returning to school to pursue a new career as a chef. Due to his disabilities, the client had some outbursts in the class and eventually stopped attending the final section of the program. When he attempted to return to school a few weeks later, he was told he would have to restart the program and pay for the entire program again. PAIR staff intervened. We were able to get appropriate medical documentation to show the nexus between the client’s disabilities and his actions at the school. We were also able to negotiate the ability for the client to simply repeat the final portion of the program, without further expense — all as reasonable accommodations pursuant to the ADA.

Priority 4: Assistance to Remedy Discrimination in Employment.

1. Identify Priority - Provide direct representation, advocacy, information, referrals, and technical assistance to remedy disability discrimination for individuals who experience disability discrimination in the employment setting.

2. Need Addressed - Through client and advocate feedback, communication with service and legal providers, and input received from individuals with disabilities, The Legal Center has concluded that persons with disabilities who are ineligible for other federally funded protection and advocacy programs will benefit from receiving direct representation and self-advocacy assistance regarding their disability rights in employment. We have also determined that such individuals would be unlikely to receive any assistance without our intervention in this area.

3. Indicators of Success — Success is measured when an employer treats an individual with a disability equally to an employee without a disability and agrees to make appropriate accommodations for such a person’s disability or when, after talking with PAIR staff, a client or employer understands his/her rights and obligations relating to non-discrimination on the basis of disability. 4. Collaboration - Pursuing this priority involves on-going collaboration with other agencies and organizations working in the field and organizations to which complaints are made, including, Plaintiffs Employment Lawyers Association, Faculty of Federal Advocates, Colorado Cross-Disability Coalition, the Colorado Civil Rights Division, the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice, as well as individual members of the private bar who accept such cases.

5. Provide the number of cases handled under this priority. Indicate how many of these, if any, were class action. 17, with no specific class action cases.

6. Provide at least one case summary that demonstrates the impact of the priority. ***PAIR staff worked with a woman who was constructively discharged from her employment after taking time off to care for her daughter with disabilities. PAIR staff represented the client in an unemployment hearing and assisted her in filing a complaint of discrimination with the EEOC (for violation of the ADA) and with the Department of Labor (for violations of the Family Medical Leave Act).

***PAIR staff has been working with a client who was terminated from his hospitality job when the employer determined that he had a communicable disease. After negotiations with the employer failed, we filed a complaint of discrimination with the EEOC on the client’s behalf. We continue to pursue a negotiated settlement, but the case is still being investigated with the EEOC.

Priority 5: Information and Referrals Addressing the Needs of Persons with Disabilities.

1. Identify Priority - The Legal Center will provide information on and make referrals to programs and services addressing the needs of persons with disabilities in Colorado who are ineligible for other federally funded protection and advocacy programs and do not fall within other PAIR objectives and priorities.

2. Need Addressed - Through client and advocate feedback, communication with service and legal providers, and input received from individuals with disabilities, The Legal Center has concluded that persons with disabilities who are ineligible for other federally funded protection and advocacy programs will benefit from being provided with information and referrals addressing the needs of persons with disabilities in Colorado. We have also determined that such individuals would be unlikely to receive any assistance without our intervention in this area. Additionally, The Legal Center is obligated to provide such information and referrals under its federal statutory and regulatory mandate.

3. Indicators of Success — If, after talking to PAIR staff, clients indicate that they understand their rights and the steps they need to take to protect those rights and/or obtain further representation. 4. Collaboration — To pursue this priority and satisfy our obligation to provide this information, The Legal Center must maintain association with organizations likely to further assist or represent people with disabilities in need of such assistance. Such organizations include Colorado Legal Services, Colorado Cross-Disability Coalition, the Colorado Civil Rights Division, the U.S. Department of Housing and Urban Development, ARC of Colorado, Colorado Coalition for the Homeless, Colorado Commission for the Deaf and Hard of Hearing, the U.S. Department of Education Office for Civil Rights, the U.S. Equal Employment Opportunity Commission, the U.S. Department of Justice, and the Colorado and local bar associations.

5. Provide the number of cases handled under this priority. Indicate how many of these, if any, were class action. _____ (need I & R number for PAIR).

6. Provide at least one case summary that demonstrates the impact of the priority. ***PAIR staff provided information to numerous private housing tenants with disabilities regarding their rights to reasonable accommodations, particularly the use of service and companion animals. We walked them through the process of requesting reasonable accommodations and gave them information and advice on how to negotiate with a landlord and how to file a complaint of disability discrimination with the Colorado Civil Rights Division or the U.S. Department of Housing and Urban Development. We also provided many callers with a written legal memo which they could give to their housing provider as legal support regarding the law on service and companion animals. ***PAIR staff provided information to numerous callers regarding their rights in the workplace. Many of these callers had disabilities and were concerned that their disability might negatively affect their job in the future. We explained their rights, gave them reference material and directed them to call us back when and if they faced discrimination in the workplace.

***PAIR staff spoke to many callers who were enrolled in colleges throughout the state and who, because of a disability, needed reasonable accommodations in college. We advised them on the law, advised them on how they should request accommodations and advised them how to file a complaint with the U.S. Department of Education Office of Civil Rights if they did not receive the accommodations they needed and requested. In some cases, we ultimately took on the case for individual representation, but in many more, the clients were able to use the technical assistance we provided and advocate successfully for themselves.

B. Priorities and Objectives for the Current Fiscal Year

Please include a statement of priorities and objectives for the current fiscal year (the fiscal year succeeding that covered by this report), which should contain the following information:

  1. a statement of each prioirty;
  2. the need addressed by each priority; and;
  3. a description of the activities to be carried out under each priority.

PAIR FY 2014 PRIORITIES AND OBJECTIVES Priority 1 — Assistance for Participants of Federally Funded Housing Programs 1. Identify Priority - Provide direct representation as well as information, referral, technical assistance, and community outreach to help remedy disability discrimination — including issues involving service or companion animals - for tenants and applicants of subsidized, public, and other federally funded housing programs. 2. Need Addressed — Through client and advocate feedback, communication with service and legal providers, and input received from individuals with disabilities, The Legal Center has concluded that persons with disabilities who are ineligible for other federally funded protection and advocacy programs experience disability discrimination in housing and will benefit from direct representation, self-advocacy assistance, and activities designed to raise awareness and understanding of the rights of persons with disabilities in housing. We have also determined that such individuals would be unlikely to receive any assistance without our intervention in this area. 3. Activities — The Legal Center will engage in negotiation, alternative dispute resolution, administrative remedies, and/or litigation to remedy disability discrimination for tenants and applicants of subsidized, public, and other federally funded housing programs. Additionally, The Legal Center shall provide information, referrals, advice, guidance, technical assistance, and education and training activities designed to raise awareness and understanding of the rights of persons with disabilities in housing. The Legal Center will not be offering direct representation for clients in eviction proceedings.

Priority 2: Assistance in HIV/AIDS Legal Rights Network 1. Identify Priority - Provide information and referral, advocacy, and technical assistance to a population affected by HIV/AIDS. Advocacy services may be provided to individuals whose concerns are specifically related to their HIV status. We provide education, training and community assistance to individuals with HIV/AIDS, service providers, and fellow advocates who need guidance in understanding their rights and advocating for themselves or others who believe that their rights have been abridged. 2. Need Addressed - Through client and advocate feedback, communication with service and legal providers, and input received from individuals with disabilities, The Legal Center has concluded that persons with HIV/AIDS who are ineligible for other federally funded protection and advocacy programs, will benefit from being provided with assistance on issues related to disability discrimination in areas such as employment, housing, and confidentiality. We will provide information and technical assistance on public entitlement programs, and work related disability benefits such as Family Medical Leave.

We have also determined that individuals with HIV/AIDS would be unlikely to receive any assistance without our intervention in this area. Our services and programs are unduplicated elsewhere, and without our intervention, there would be no other organization to assist them in charting unfamiliar waters. 3. Activities — The Legal Center HIV Legal Project shall provide information, referrals, advice, guidance, and technical assistance, as well as engage in community outreach, education, and training activities for the benefit of individuals with HIV/AIDS who need assistance in understanding and advocating for their rights in housing, employment, government services, public accommodations and confidentiality. Additionally, The Legal Center’s HIV Legal Project will consider providing negotiation, alternative dispute resolution, administrative remedies and litigation on a case-by-case basis.

Priority 3: Assistance to Remedy Discrimination in Post-Secondary Education, Public Accommodations, and Government Services. 1. Identify Priority - Provide direct representation, advocacy, information, referrals, publications, and technical assistance to remedy disability discrimination for individuals who experience disability discrimination in post-secondary education, public accommodations and government services. 2. Need Addressed - Through client and advocate feedback, communication with service and legal providers, and input received from individuals with disabilities, The Legal Center has concluded that persons with disabilities who are ineligible for other federally funded protection and advocacy programs will benefit from receiving direct representation and self-advocacy assistance regarding their disability rights in post-secondary education, public accommodations and government services. We have also determined that such individuals would be unlikely to receive any assistance without our intervention in this area. 3. Activities - The Legal Center will engage in negotiation, alternative dispute resolution, administrative remedies, as well as provide information, referrals, and technical assistance to individuals to remedy disability discrimination in post-secondary education, public accommodations and government services.

Priority 4: Assistance to Remedy Discrimination in Employment. 1. Identify Priority - Provide direct representation, advocacy, information, referrals, and technical assistance to remedy disability discrimination for individuals who experience disability discrimination in the employment setting. 2. Need Addressed - Through client and advocate feedback, communication with service and legal providers, and input received from individuals with disabilities, The Legal Center has concluded that persons with disabilities who are ineligible for other federally funded protection and advocacy programs will benefit from receiving direct representation and self-advocacy assistance regarding their disability rights in employment. We have also determined that such individuals would be unlikely to receive any assistance without our intervention in this area. 3. Activities - The Legal Center will engage in negotiation, alternative dispute resolution, administrative remedies, and/or litigation to remedy disability discrimination in employment. Additionally, The Legal Center shall provide information, referrals, and technical assistance to assist individuals who experience disability discrimination in employment to assist them in self-advocating for their disability rights.

Priority 5: Information and Referrals Addressing the Needs of Persons with Disabilities. 1. Identify Priority - The Legal Center will provide information on and make referrals to programs and services addressing the needs of persons with disabilities in Colorado who are ineligible for other federally funded protection and advocacy programs and do not fall within other PAIR objectives and priorities. 2. Need Addressed - Through client and advocate feedback, communication with service and legal providers, and input received from individuals with disabilities, The Legal Center has concluded that persons with disabilities who are ineligible for other federally funded protection and advocacy programs will benefit from being provided with information and referrals addressing the needs of persons with disabilities in Colorado. We have also determined that such individuals would be unlikely to receive any assistance without our intervention in this area. Additionally, The Legal Center is obligated to provide such information and referrals under its federal statutory and regulatory mandate. 3. Activities - The Legal Center shall provide to persons with disabilities information on and make referrals to programs and services addressing the needs of persons with disabilities in Colorado.

Part VI. Narrative

At a minimum, you must include all of the information requested. You may include any other information, not otherwise collected on this reporting form that would be helpful in describing the extent of PAIR activities during the prior fiscal year. Please limit the narrative portion of this report, including attachments, to 20 pages or less.

The narrative should contain the following information. The instructions for this form outline the information that should be contained in each section.

  1. Sources of funds received and expended
  2. Budget for the fiscal year covered by this report
  3. Description of PAIR staff (duties and person-years)
  4. Involvement with advisory boards (if any)
  5. Grievances filed under the grievance procedure
  6. Coordination with the Client Assistance Program (CAP) and the State long-term care program, if these programs are not part of the P&A agency

A. Sources of Funds received and expended:

FY 2013 PAIR P&A Grant 232,820. Misc. credits to expenses 182. Private contributions 3,250. Workshop Income 900. Other unrestricted funds 37,979.

Total FY2013 expenses 275,131.

B. Expenses for FY2013 and Budget for FY2014

Expenses for FY 2013 EXPENSES Human Resources Salaries 168,189 Temporary Employees 706 Contract Employees 872 Insurances 27,662 Worker’s Compensation 412 Unemployement Tax 193 FICA Expense 12,363 TSA Expense 12,692 Misc. personnel expenses 303 Total Human Resources 223,392 Operating Expenses Accounting Services 960 Auditing Fees 1,321 Legal Services 235 Consultant Fees 572 Litigation Expenses 8 Travel 834 Staff & Board Development 653 NAPAS Conference Exp. 456 Meeting Expenses 653 Public Relations 316 Training Expense 15 Advertising 36 Office & General Supplies 1,875 Equipment Purchased 67 Leased Equipment 528 Equipment Maintenance 1,068 Computer System Expense 499 Rent 27,604 Building Maintenance 525 Interest Expense 496 Telephone 1,950 Postage 410 Printing/Copying 819 Subscriptions/Reference 3,237 Dues & Memberships 2,054 Malpractice Insurance 1,198 Business Insurance 236 Accomodation Services 700 Depreciation 1,758 Publication Expense 69 File Storage 586 Total Operating Expenses 51,738 TOTAL EXPENSES 275,131

FY2014 Budget - Reductions in Human Resources - Salaries and Benefits to be more in line with reduced P&A grant funding.

C. Description of PAIR staff (duties and person-years)

FY 2013 TOTAL FTEs: 3.11

PAIR Coordinator - Attorney 55.0% Attorney 14.1% Attorney 13.4% Attorney - Grand Junction 18.2% Advocate - Grand Junction 17.8% Dir. of Legal Services 8.6% Rights Advocate 42.1% Rights Advocates 79.5% Attorney 1.7% Executive Director 10.0% Administrative Assistant 9.2% Financial Assistant 10.5% Dir. Administrative Services 10.6% Office Manager 10.1% Administrative Assistant 5.5% Administrative Assistant 3.8% Development Director 1.0%

D. Involvement with advisory boards (if Any): N/A

E. Grievances filed under grievance procedure: NONE

F: Coordination with the CAP and SLTC program: THESE PROGRAMS ARE PART OF THE AGENCY

Certification

Signed?Yes
Signed ByMary Anne Harvey
TitleExecutive Director
Signed Date12/20/2013