Access to Housing for People with Limited English Proficiency

Transcription

1 Access to Housing for People with Limited English Proficiency N A V N E E T G R E W A L N A T I O N A L H O U S I N G L A W P R O J E C T H O U S I N G J U S T I C E N E T W O R K M E E T I N G O C T O B E R 1 6,

2 What does LEP Mean? Anyone who does not speak English as their primary language and who have a limited ability to read, write, speak, or understand English HUD LEP Guidance Census Guide 2010 less than very well

3 Language Access to Housing: Examples Waiting list openings are not advertised in ethnic language media. A housing authority employee asks a housing choice voucher participant s son to read the program rules to her and then asks her to sign a form saying she understood them. A public housing eviction notice is sent in English only, to a monolingual Cantonese speaker.

4 Rules and Regulations

5 Rules and Regulations Title VI of the Civil Rights Act of 1964 Lau v. Nichols, 414 U.S. 563 (1974) Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, 65 F.R (August 16, 2000). HUD, Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons Title VIII Fair Housing Act

6 Title VI Prohibits discrimination on the basis of race, color, or national origin in federally conducted or assisted programs Must provide meaningful language access Federally conducted or assisted programs include: HUD PHAs Subsidized housing providers Federally assisted programs do not include: LIHTC? (unless ARRA funding) Private housing

7 Title VI and E.O Federally conducted and assisted programs should create language access plans Agencies must create guidance for federally assisted programs regarding how to implement meaningful language access policies Directs agencies and programs to work with LEP persons and their representatives when creating language access plans Attorney General Letter February 2011

8 Fair Housing Act Prohibits discrimination based on national origin applies to most housing providers, including private Case law vague on whether or not it covers language as national origin discrimination.

9 What is prohibited? Providing services more limited in scope or lower in quality Delaying the delivery of services unreasonably Limiting participation in a program Requiring LEP persons to provide their own interpreters or pay for interpreters

10 Who Must Provide Language Access? Title VI: All federally assisted housing providers Does this include Low Income Housing Tax Credits USDA Rural Development programs Does not include private housing For the complete list of federally assisted housing programs subject to Title VI, see HUD List of Federally Assisted Programs, 69 F.R (Nov. 24, 2004). Title VIII (Fair Housing Act): Includes almost all kinds of housing, including private, with a few narrow exceptions

11 HUD Guidance HUD Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 72 FR 2732 (January 22, 2007). HUD LEP Page: m_offices/fair_housing_equal_opp/promotingfh/le p

12 HUD Guidance Recipients of Federal Funds Must: conduct the four-factor analysis; develop a Language Access Plan (LAP); and provide appropriate language assistance.

13 HUD Guidance Recipients of Federal Funds Must: conduct a four-factor analysis; develop a Language Access Plan (LAP); and provide appropriate language assistance.

14 HUD Guidance Four Factor Analysis: Number or proportion of LEP persons eligible to be served or likely to be encountered by the program or grantee Frequency with which LEP individuals come in contact with the program Nature and importance of the program, activity, or service provided by the program to people's lives; and Resources available to the grantee/recipient and costs

15 HUD Guidance Written materials routinely available in English should be translated into regularly encountered non-english languages Information in vital documents must be translated or communicated those which affect legal rights or obligations

16 HUD Guidance 5 percent/1000 person safe harbor apply only to written translations Safe harbors are not numeric thresholds Entities meeting safe harbors are assured of being found in compliance Entities not meeting safe harbors may still be in compliance, depending on the totality of circumstances Translation of other documents, if needed, can be provided orally; or if less than 50 persons in a language group, recipient does not translate vital written materials but provides written notice in the primary language of the LEP language group of the right to receive competent oral interpretation of those written materials, free of cost.

17 Oral Interpretation Posters in visible areas I speak cards Qualified and trained bilingual staff Telephonic interpretation Do not use minors

18 Written Translation: Vital Documents Some documents are already translated by HUD and available on their website Examples: the tenancy addendum for the Section 8 voucher program, Housing Assistance Payment contract, Request for Tenancy Approval, Authorization fro Release of Information, Voucher, Program obligations and requirements Termination/Eviction Notice

19 Advocacy and Enforcement PHAs must submit an Annual Plan every year that includes an Administrative Plan and Admissions and Continued Occupancy Plan (ACOP), which describe its policies for the voucher and public housing programs, respectively. These should include language access. There is a requirement for public participation. HUD and RD Subsidized organizing with community groups

20 Enforcement Complaint with HUD FHEO or state equivalent agency Writ of Mandate Fair Housing Act Civil Court? See Alexander v. Sandoval Eviction

21 Contact Information Navneet Grewal National Housing Law Project ext