NAA/NMHC Seek Your Letters of Support

On January 22, the U.S. Department of Housing and Urban Development (HUD) issued final guidance clarifying the obligation of property owners who receive any federal assistance, including the Section 8 program, to accommodate people with Limited English Proficiency (LEP). The rules, which NAA/NMHC continue to strenuously oppose, will become effective February 21 and effectively require covered owners to translate a broad array of “vital” documents in multiple languages, such as resident applications, leases, lease attachment applications, facility rules, facility regulations, termination/eviction notices and more. They also require verbal translations of these documents for those who do not read in their native language. The HUD guidance is intended to comply with a 2000 Executive Order noting the need for federal agencies to comply with Title VI of the 1964 Civil Rights Act by ensuring that people with LEP have meaningful access to their programs and activities.

While we support HUD’s goal of ensuring that persons with Limited English Proficiency have access to federal programs, we find the methods HUD has proposed to advance the goal highly problematic. Further, we are concerned about the limited availability of funds for the Section 8 program and the unfunded mandates contained in the LEP requirements.

NAA/NMHC opposed draft LEP rules when HUD first issued them in late 2003, noting that the Department's attempt to shift responsibility for translating documents to owners is impractical and expensive and threatens the uniform system of HUD-adopted model lease forms by requiring owners to create their own translations of them. NAA/NMHC are asking the HUD Secretary to refrain from enforcing the final LEP guidance until concerns regarding the accuracy of translated documents and the competency of the interpreters, as well as the cost and the legal liabilities for affordable housing providers have been sufficiently addressed. We argue that HUD should bear the burden of translating basic program documents, especially since HUD created many of these “model” documents in the first place. In addition, we note that owners should not bear responsibility for assuring the competency of translators and interpreters. Our original comments and a draft letter for you to send to your congressional representative, along with other helpful documents, are posted at: www.nmhc.org/Content/ServeContent.cfm?ContentItemID=4211.

NAA/NMHC ask you to write a letter to your members of Congress (both House and Senate) and ask for their help in opposing these new regulations. A sample letter and additional directions/information may be found at: www.vamaonline.org/files/members/013607LEP.pdf.

Take action today to stop the implementation of these new regulations!

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