Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in all HUD-assisted programs, and its implementing regulations, require that housing providers take reasonable steps to ensure meaningful access by LEP persons.

Who is a Limited English Proficient (LEP) individual?

Individuals who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English can be limited English proficient, or "LEP." These individuals may be entitled language assistance with respect to a particular type or service, benefit, or encounter.



What are the relevant laws concerning language access for LEP individuals?

Federal laws particularly applicable to language access include Title VI of the Civil Rights Act of 1964, and the Title VI regulations, prohibiting discrimination based on national origin, and Executive Order 13166 issued in 2000. Many individual federal programs, states, and localities also have provisions requiring language services for LEP individuals.



What is Executive Order 13166?

An Executive Order is an order given by the President to federal agencies. The LEP Executive Order (Executive Order 13166) says that people who are LEP should have meaningful access to federally conducted and federally funded programs and activities.



What are recipients of federal funds and federal agencies required to do to meet LEP requirements?

Recipients and federal agencies are required to take reasonable steps to ensure meaningful access to their programs and activities by LEP persons. While designed to be a flexible and fact-dependent standard, the starting point is an individualized assessment that balances the following four factors:

    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 individuals come in contact with the program;

    3. The nature and importance of the program, activity, or service provided by the program to
        people's lives; and

    4. The resources available to the grantee/recipient or agency, and costs. As indicated above, the
        intent of this guidance is to find a balance that ensures meaningful access by LEP persons to
        critical services while not imposing undue burdens on small business, or small nonprofits.



What are examples of language assistance?

Language assistance that a recipient might provide to LEP persons includes, but is not limited to:

    Oral interpretation services;

    Bilingual staff;

    Telephone service lines interpreter;

    Written translation services;

    Notices to staff and recipients of the availability of LEP services; or

    Referrals to community liaisons proficient in the language of LEP persons.



Which lease is executed; the English or translated lease?

The English lease is the "official" lease. Whether or not a translated lease is signed (for instance, as evidence that it was provided to the tenant), it should be clearly noted, "This lease is for information purposes only. The English lease is operative."



Are private landlords required to follow the LEP guidelines?

Landlords who only participate in the Housing Choice Voucher (HCV) program are not subject to Title VI. Therefore, the LEP obligations would not apply to them. However, if landlords who participate in the HCV program also receive other HUD financial assistance (e.g. HOME funds), they would be subject to Title VI and it would be advisable for them to follow HUD's LEP guidance.

The LEP guidance would also apply to public housing agencies or other administrators of HCVs are subject to Title VI, as are housing providers who participate in the Project-Based Section 8 program.



Can a person file a housing discrimination complaint based on national origin because the landlord did not translate notices sent to all tenants in their native language(s)?

There is nothing to stop anyone from filing a housing discrimination complaint. If such a complaint were investigated, any decision would be based on the recipient's total program. Factors that would be considered in the investigation include whether the four-factor analysis was conducted, what the results of the analysis were, whether safe harbor for translations was met for the specific language of concern, whether the notice is vital to the tenant's interests, and what other interpretations and translations the recipient is providing.



Does a person's citizenship and immigration status determine the applicability of the Title VI LEP obligations?

United States citizenship does not determine whether a person is LEP. It is possible for a person who is a United States citizen to be LEP. It is also possible for a person who is not a United States citizen to be fluent in the English language. Title VI is interpreted to apply to citizens, documented non-citizens, and undocumented non-citizens. Some HUD programs require recipients to document citizenship or eligible immigrant status of beneficiaries; other programs do not. Title VI LEP obligations apply to every beneficiary who meets the program requirements, regardless of the beneficiary's citizenship status.



May recipients rely upon family members or friends of the LEP person as interpreters?

Generally, recipients should not rely on family members, friends of the LEP person, or other informal interpreters. In many circumstances, family members (especially children) or friends may not be competent to provide quality and accurate interpretations. Therefore, such language assistance may not result in an LEP person obtaining meaningful access to the recipients' programs and activities. However, when LEP persons choose not to utilize the free language assistance services expressly offered to them by the recipient but rather choose to rely upon an interpreter of their own choosing (whether a professional interpreter, family member, or friend), LEP persons should be permitted to do so, at their own expense. Recipients may consult HUD LEP Guidance for more specific information on the use of family members or friends as interpreters. While HUD guidance does not preclude use of friends or family as interpreters in every instance, HUD recommends that the recipient use caution when such services are provided.



Are housing providers allowed to ask individuals or families if they are LEP?

Housing providers may ask individuals or families whether they are LEP so long as the questions are asked consistently of everyone. HUD strongly encourages recipients to allow individuals or families to identify themselves as LEP.



How does a person file a complaint if he/she believes a HUD recipient is not meeting its Title VI LEP obligations?

If a person believes that a HUD federally assisted recipient is not taking reasonable steps to ensure meaningful access to LEP persons, that individual may file a complaint with HUD's local Office of FHEO. For contact information of the local HUD office, go to the HUD website or call the housing discrimination toll free hotline at 800-669-9777 (voice) or 800-927-9275 (TTY).

Limited English Proficiency (LEP)

The information provided is not intended to be legal advice and was provided by the U.S. Department of Housing & Urban Development and the Federal Interagency Working Group on Limited English Proficiency.