Limited English Proficiency Requirement
Fair housing laws forbid discrimination in housing transactions because of national origin. It should be noted, also, that language is not in and of itself a protected class. However, it often has a lot to do with the county from which one originates. To that end, all reasonable efforts should be made to assist individuals speaking English as a second language within any housing-related transaction. For those housing providers who receive federal funds to subsidize the cost of their housing, HUD has specifically made Limited English Proficiency (LEP) requirements. While this is not true in the private housing market, many of the LEP tips and tools offered may be of value to any housing provider.
Following are some common questions and useful resources related to LEP requirements.
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We hope you will also visit our Translations page at www.FHCO.org/translations.htm should you or someone you know be helped by translated documents and videos. You may also be interested in the following interactive tools translated into multiple languages:
Background Information
Federally assisted housing providers are required by Title VI of the Civil Rights Act and the Fair Housing Act to provide meaningful access to people with limited English proficiency (LEP). LEP persons include anyone ““who does not speak English as their primary language and who has a limited ability to read, write, speak, or understand English . . .” “ (HUD LEP Guidance, 6872 Fed. Reg. 273244) (Jan. 22, 2007).
Title VI states that no person, “on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity” that is federally funded. The Fair Housing Act prohibits housing providers from engaging in such discrimination as well. The Supreme Court, in Lau v. Nichols, 414 U.S. 563 (1974), interpreted Title VI as prohibiting conduct that has a disproportionate effect on LEP persons because of its relationship to national origin. This means that federally assisted housing providers must create meaningful access to their programs for LEP persons.
Currently, many housing providers are not in compliance with language access requirements. This section contains rules and guidance on how to improve language access, primarily among federally assisted housing providers, as well as tips on best practices.
SOURCE: National Housing Law Project; http://nhlp.org/resourcecenter?tid=88
Cases
National Multi Housing Council v. Jackson
The National Multi Housing Council challenged HUD’s LEP guidance in federal district court in National Multi Housing Council v. Jackson, Civil Action No. 07-0815 (D.DC. Mar. 28, 2008). The landlords argued that HUD exceeded its statutory authority under Title VI of the Civil Rights Act and that its guidance was arbitrary and capricious, thus violating the Administrative Procedures Act. The court dismissed their motion for lack of ripeness and standing, but the memorandum is instructive in understanding the landlords’ continuing resistance to LEP compliance.
View the ruling at www.FHCO.org/pdfs/lepcaseNMHCvJackson2008.pdf
View the memorandum at www.FHCO.org/pdfspdfs/LepJacksonMemo.pdf
SOURCE: National Housing Law Project; http://nhlp.org/resourcecenter?tid=88
LEP Outline
A short outline on the rights of people with Limited English Proficiency in federally assisted housing can be found at www.FHCO.org/pdfs/LEPrightsOutline.pdf.
SOURCE: National Housing Law Project; http://nhlp.org/resourcecenter?tid=88
Administrative Guidance
An excellent summary, complete with resource documents, can be found at http://nhlp.org/node/652.
HUD's Final LEP Guidance
www.FHCO.org/pdfs/LEPguidance012007.pdf
LEP Resource Links
Legal Services of Northern California Language Access Page
http://www.lsnc.net/?page_id=94
Includes language access materials across a broad range of issues, including housing.
The Migration Policy Institute Language Portal
http://www.migrationinformation.org/integration/language_portal/
From MPI Website: "The Language Portal is a searchable digital library of close to 600 resources relating to the use of language access services in social services and public safety agencies. . . Geared towards government administrators who want to make their services accessible to limited English proficient (LEP) individuals, the Portal provides relevant documents and guidance so agency staff can avoid recreating the wheel when providing translation and interpretation services."
Empire Justice Center
http://onlineresources.wnylc.net/pb/orcdocs/LARC_Resources/LEPTopics/HO/HO.htm
The Empire Justice Center's language access project addresses the issue in numerous federal agencies. The Housing page includes pdf's of conciliation agreements, cases, and federal guidance.
The Federal Government’s LEP Interagency Working Group
http://www.lep.gov/
This useful page contains a great deal of information on LEP, including information on how to comb through LEP census data.
HUD's LEP Page
http://www.hud.gov/offices/fheo/promotingfh/lep.cfm
HUD maintains an LEP page that includes vital information such as centrally translated documents and an LEP webcast.
National Language Access Advocates Network
http://www.probono.net/nlaan/
This site contains a library of language access resources. Includes up-to-date information and news on LEP issues.
Interesting Articles and Additional Resources:
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