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This section describes the obligations of Public Housing Authorities (PHA's) and other recipients of federal funding from the U.S. Department of Housing and Urban Development (HUD) and how they must take affirmative steps to communicate with LEP individuals who need services or information in a language other than English.

In National Multi Housing Council v. Jackson, 539 F.Supp.2d 425 (D.D.C.,2008), the plaintiff challenged the validity of the HUD LEP Guidance. A copy of the Jackson decision is included with HUD settlement agreements and Housing Authority LEP policies in the resources below.

HUD LEP Obligations                                                                       

In 2003, HUD developed a LEP implementation plan to ensure HUD programs comply with Executive Order 13166 and Title VI obligations.  HUD planned to improve access to its federally conducted programs and activities by eligible persons with limited English proficiency (LEP). A link to the plan is provided below.

2007 HUD LEP Guidance

In January 2007, HUD released the Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons (HUD LEP Guidance). There are three parts to the HUD Final LEP Guidance. A copy is available in the resources below.

Part 1: Response to Public Comments  (pg. 2732-2738)

HUD responded to concerns raised during the public comment period about the enforceability of the Guidance, its applicability after the Supreme Court decision in Sandoval, the cost associated with the language services needs of LEP persons, the competency of interpreters and the vulnerability of recipients along with other concerns.

Part 2: Final Guidance: Title VI Obligations  (pg. 2747-2747)

The Guidance describes the obligations of HUD programs to provide meaningful access through language services to LEP individuals using the 2002 DOJ Guidance four factor test found and the methods DOJ used to determine the type of language services that are necessary, the elements of an effective Language Access Plan (LAP) and in assessing the voluntary compliance efforts of recipients.

Part 3: Appendices: Application of Guidance and Q & A (pg.2747-2754)

Appendix A describes each part of the the four-factor test and how these obligation applies to the following HUD programs:

         assisted housing providers

         public housing agencies (PHA's)

         Indian tribes

         state and local governments

         nonprofit organizations, including housing counseling agencies, grassroots community-based organizations and faith based organizations;

         state and local fair housing agencies;

         and providers of a variety of services

Appendix B provides questions and answers about EO 13166, Title VI obligations, application of the four-factor test, and the types of language services HUD funded programs must provide.

Included HUD Programs

In 2006, HUD announced a list of HUD programs subject to the nondiscrimination provisions in Title VI of the Civil Rights Act of 1964. A copy is provided below. 

 

Federal Resources                                                                            

HUD LEP Requirements

HUD LEP Presentations

National Multi Housing Council v. Jackson, Civil No. 07-0815

 Housing Authority Conciliation Agreements

Public Housing Authority LEP Plans

Reports on Housing and LEP

Frequently Asked Questions
Federal LEP
Title VI
Executive Order 13166
DOJ LEP Guidance
Federal Agency Guidance
LEP Topics
Court Access
Disability
Domestic Violence
Education
Employment /Unemployment
Food Stamp Program
Health Care Services
Law Enforcement
Legal Services and Attorneys
Public Housing
Social Security
Voting
LEP Statistics
Census Data
Other Group Data
Resources and Training
Language Access Guides
Language Access Training
Model LEP Plans
New York Resources

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Last Updated: March 27, 2009 ● Empire Justice Center 2009