Resource Center

Language Access to Housing (LEP)

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.

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.

Materials

LEP Outline

This is a short outline on the rights of people with Limited English Proficiency in federally assisted housing.

Administrative Guidance

President Bill Clinton issued Executive Order 13166 on August 11, 2000, instructing all federally conducted programs to put forth language access plans and for federal agencies to create and publish guidance for federally assisted programs to comply with LEP requirements.

Conciliation/Compliance agreements

A few housing authorities have entered into Compliance Agreements or Voluntary Conciliation Agreements (VCAs) that require them to develop and implement language access plans. Some of the agreements include the plans themselves.
•Nashua Housing Authority
•Housing Authority of the City of Las Vegas
•Revere Housing Authority
•Yolo County Housing Authority

LEP Advocacy 201: Beyond the Basics

Attached are materials from the LEP Advocacy 201: Beyond the Basics presentation. The materials cover how advocates can use the PHA planning process to work with housing authorities to implement language access plans.

Statutes and Regulations

HUD Final LEP Guidance

HUD's Final LEP Guidance

Links

Legal Services of Northern California Language Access Page

Includes language access materials across a broad range of issues, including housing.

The Migration Policy Institute 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

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

This useful page contains a great deal of information on LEP, including information on how to comb through LEP census data.

Department of Housing and Urban Development

HUD maintains an LEP page that includes vital information such as centrally translated documents and an LEP webcast.

National Language Access Advocates Network

This site contains a library of language access resources. Includes up-to-date information and news on LEP issues.