Housing providers should be aware of their fair housing obligations when interacting with consumers who have Limited English Proficiency (LEP). HUD released guidance in 2016 on “Application of Fair Housing Act Protections for Persons with Limited English Proficiency.” This guidance explains that while some courts have recognized that employers might have a legitimate need to require that employees speak English, such requirements are not applicable to housing, lending, or other real estate related transactions covered by the Fair Housing Act. The guidance states that language proficiency and national origin are so intrinsically linked as to be almost indiscernible from each other, therefore discrimination based on LEP will be treated as national origin discrimination. A hesitancy or refusal by landlords or other housing providers to work with an applicant who has limited English proficiency violates the Fair Housing Act’s prohibition against discrimination based on national origin. Treating consumers differently with regard to terms and conditions in housing, such as responding to maintenance requests, because they face challenges communicating in English also constitutes unlawful discrimination based on national origin. Harassment based on LEP status is also unlawful. Housing providers should make sure that their staff is aware of their obligations to provide fair and professional services to those with limited English proficiency.
In 2007, the U.S. Department of Housing and Urban Development published guidance entitled “Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons.” This guidance mandates that HUD funded agencies provide translation of printed documents and/or interpretation of spoken English to ensure that agencies do not “leave some behind simply because they face challenges communicating in English.”
To determine the extent of an agency’s obligation to provide LEP services, agencies must conduct a four-factor analysis. This analysis must determine 1) the number or proportion of LEP persons eligible to be served or likely to be encountered by the program or grantee, 2) the frequency with which LEP persons come in contact with the program, 3) the nature and importance of the program, activity or service to people’s lives, and 4) the resources available to the grantee/recipient and the costs.
HUD funded agencies should look at census and other data to determine the language populations that may need translation and must consider the frequency with which a given population has historically needed service. If a program has contact on an almost daily basis with a given language group, an agency may need to hire bilingual staff or contract with interpreters. If the program has only occasional contact with LEP clients, they may find using a telephonic interpretation service to be sufficiently effective. There are many various telephonic interpretation services available for reasonable fees. The more prevalent languages typically have interpreters available immediately. Less common languages might necessitate a call back while the interpretation service locates an available interpreter and is able to connect them to the call.
If a given communication has more serious consequences, there is a greater obligation by the agency to provide translation of printed documents and interpretation of spoken communication. Situations that may lead to a consumer being disqualified or terminated from a housing program are among the most serious of scenarios requiring professional language services. Of critical importance are professional language services being made available for any compulsory activities including the completion of forms required by the housing program. The failure of a consumer to understand and complete compulsory forms and activities could have very serious consequences. If a consumer insists on using a family member as their own interpreter or translator, the housing provider should have the consumer sign a statement stating that they were offered professional language services but declined.
The Housing Equality Center of Pennsylvania provides technical assistance and training for housing professionals on their fair housing responsibilities and obligation to provide language services to people with limited English proficiency. If you would like to request more information, technical assistance with a fair housing issues or training, please complete the Contact Us form here.
The work that provided the basis for this publication was supported by funding under a grant with the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Federal Government.
