Call-to-Action
January 25, 2007
URGENT: Action Needed regarding the U.S. Department of Housing and Urban
Development’s final Limited English Proficiency (LEP) guidance.
IREM Seek Your Letters of Support
IREM is working in conjunction with the National Multi Housing Council and the National Apartment Association on this issue
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 IREM continues 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.
IREM 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. IREM is 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.
IREM asks you to write a letter to your members of Congress (both House and Senate), and copy the HUD Secretary Alphonso Jackson and IREM:
1. You can write your own letters or simply use the sample letter, which is below.
2. Please be sure that you personalize the letters by printing them on your company letterhead. It is important to let your Member of Congress and your Senators know about your firm’s connection to his or her district and/or state.
3. Please fax the letter to your members of Congress and both of your Senators. If you need to find a fax number, the list is available at http://www.capwiz.com/cl.
4. Please send a copy of your letter to:
The Honorable Alphonso Jackson
U.S. Department of Housing and Urban Development
451 Seventh Street, S.W.
Washington, DC 20410
5. Please also fax a copy of your letter to:
IREM’s Legislative Liaison, Amanda Chesley, at (312) 410-7921.
If you have any questions, please contact Chuck Achilles, IREM’s Vice President of Legislation and Research, at (312) 329-6020 or cachille@irem.org.
SAMPLE LETTER TO CONGRESS [On Your Letterhead]
DATE [Insert date]
The Honorable [insert your Congressperson’s name or your Senator’s name here]
U.S. Congress
Washington, D.C. 20510
Dear _______: [insert your Congressperson’s name or your Senator’s name here]
I am writing to urge you to request that the Honorable Alphonso Jackson, the Secretary of the U.S. Department of Housing and Urban Development, refrain from issuing the final Limited English Proficiency (LEP) guidance [Docket No. FR-4878-N-02] until concerns regarding the accuracy of translated documents and the competency of the interpreters have been sufficiently addressed. Please delay the guidance effective date of February 21, 2007 until our concerns have been resolved.
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.
Our industry was concerned about the 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 was impractical and expensive and threatened the uniform system of HUD-adopted model lease forms by requiring owners to create their own translations of them. Despite concerns raised by housing providers and Members of Congress about this unfunded mandate, there are no significant changes between the proposed guidance and this final guidance.
HUD’s guidance obligates each individual firm to translate all of its vital documents (an estimated 30 to 50 documents at each property) into various foreign languages, as well as to provide oral interpretation upon demand. Industry estimates suggest that translating the numerous documents required could cost thousands of dollars per language per document for each firm that has to comply. Responsibility will be placed on owners with no specialized linguistic skills to ensure the competency of interpreters and the accuracy of translations. While HUD has stated that the translation costs would be an approved project expense, no new funding has been proposed to help offset this huge new financial burden. Further, we are concerned about the limited availability of funds for the Section 8 program and the unfunded mandates contained in the LEP requirements.
I feel confident that persons with Limited English Proficiency would be better served if HUD took a more proactive role in providing the resources necessary to assist this population. The suggested duplicative efforts across the country by small, medium or large housing providers will never reach the efficiency or sensitivity of a service that can be provided by HUD at a much more reasonable cost overall to the federal budget, with an assured level of quality control, and without subjecting housing providers to unnecessary and unduly expensive Fair Housing complaints.
I recommend that HUD produce standard translations of the vital documents (which HUD has not specifically identified) and provide oral interpretation services through a central hotline service. I support the goal of ensuring that persons with Limited English Proficiency have access to federal programs. The guidance should be overhauled to provide a more realistic and less burdensome division of LEP responsibilities between HUD and its private sector partners. Please urge HUD to delay the implementation of the Limited English Proficiency guidance.
Thank you.
Sincerely,
[Insert your name]
SAMPLE LETTER TO HUD SECRETARY JACKSON [On Your Letterhead]
DATE [Insert date]
The Honorable Alphonso Jackson
U.S. Department of Housing and Urban Development
451 Seventh Street, S.W.
Washington, DC 20410
Dear Secretary Jackson:
I am writing to urge you to delay issuing the final Limited English Proficiency (LEP) guidance [Docket No. FR-4878-N-02] until concerns regarding the accuracy of translated documents and the competency of the interpreters have been sufficiently addressed. Please delay the guidance effective date of February 21, 2007 until our concerns have been resolved.
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.
Our industry was initially concerned about the 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 was impractical and expensive and threatened the uniform system of HUD-adopted model lease forms by requiring owners to create their own translations of them. Despite concerns raised by housing providers and Members of Congress about this unfunded mandate, there are no significant changes between the proposed guidance and this final guidance.
HUD’s guidance obligates each individual firm to translate all of its vital documents (an estimated 30 to 50 documents at each property) into various foreign languages, as well as to provide oral interpretation upon demand. Industry estimates suggest that translating the numerous documents required could cost thousands of dollars per language per document for each firm that has to comply. Responsibility will be placed on owners with no specialized linguistic skills to ensure the competency of interpreters and the accuracy of translations. While HUD has stated that the translation costs would be an approved project expense, no new funding has been proposed to help offset this huge new financial burden. Further, we are concerned about the limited availability of funds for the Section 8 program and the unfunded mandates contained in the LEP requirements.
I feel confident that persons with Limited English Proficiency would be better served if HUD took a more proactive role in providing the resources necessary to assist this population. The suggested duplicative efforts across the country by small, medium or large housing providers will never reach the efficiency or sensitivity of a service that can be provided by HUD at a much more reasonable cost overall to the federal budget, with an assured level of quality control, and without subjecting housing providers to unnecessary and unduly expensive Fair Housing complaints.
I recommend that HUD produce standard translations of the vital documents (which HUD has not specifically identified) and provide oral interpretation services through a central hotline service. I support the goal of ensuring that persons with Limited English Proficiency have access to federal programs. The guidance should be overhauled to provide a more realistic and less burdensome division of LEP responsibilities between HUD and its private sector partners. Please delay the implementation of the Limited English Proficiency guidance.
Thank you.
Sincerely,
[Insert your name]
