The United States Department of Housing and Urban Development (HUD) has provided guidance for Public Housing Agencies (PHAs) and other Public and Indian Housing (PIH) grantees on ensuring meaningful access to programs for persons with Limited English Proficiency (LEP).
Title VI of the Civil Rights Act of 1964 and Executive Order 13166, require recipients of federal financial assistance to provide meaningful access to their programs for LEPs. LEPs are individuals who do not speak English as their primary language and have limited ability to read, write, speak, or understand English.
HUD recommends PHA’s and PIH grantees conduct a 4-factor analysis, develop a language access plan, and provide appropriate language assistance.
Step 1 of the 4-factor analysis reviews the number of LEP persons served or in the eligible service population. Step 2 assesses the frequency of interaction with the program. Step 3 assesses the importance of the program to LEP persons. Finally, Step 4, assesses the available resources and costs.
Following the four-factor analysis, agencies should develop Language Access Plan (LAP) that includes identifying persons needing assistance, training staff, translating essential documents, providing interpreters for meetings, and engaging in effective outreach to seek input from the LEP community to best revise the action plan.
To provide appropriate language assistance, PHA’s and PIH grantees are advised to identify information that must be translated (for example – eviction notices, security info, emergency plans), develop procedures with staff to identify potential LEP’s and utilize community resources/partnerships to help with language services.
HUD allows the use of program funds for LEP-related activities. PHAs can use Operating Fund program subsidies to facilitate access for LEP persons in public housing. Examples of LEP activities include providing translated relocation notices, and interpretation services during important HUD meetings. Additionally, 10% of Capital Fund grants can be utilized for management improvements and enhancing communication channels for LEP individuals. Examples of LEP activities include upgrading online systems for program participant applications, and allowing recipients to apply in languages other than English.
For the Housing Choice Voucher (HCV) program, administrative fees and unrestricted net positions (UNP) can be allocated to provide language assistance services, including oral briefings, hearings, and software upgrades for non-English applicants. Mainstream Voucher and Emergency Housing Voucher programs additionally allow the use of administrative and service fees for LEP-related activities. PIH grantees should consult the competitive grant Notice of Funding Opportunity and/or Grant Agreement to use of funds is meeting LEP requirements.
The U.S Department of Housing and Urban Development emphasizes the importance of including LEP policies and procedures in publicly accessible materials to ensure compliance in all contracts/subcontracts. (PIH Notice 2024-04, January 31, 2024.)