Did you know that as a HUD Multifamily Owner, you are required to have a Limited English Proficiency (LEP) Policy? Do you have one? If not, this post is for you.
Where and When Did HUD Require an LEP Policy?
This requirement is not new. Pursuant to Executive Order 13166, signed August 11, 2000, HUD published Final LEP Guidance in the Federal Register on January 22, 2007. This Final Guidance states all owners must demonstrate reasonable efforts in providing language assistance services to all LEP persons by developing an LEP Plan to include a four-factor analysis. Additionally, and if deemed necessary, the owner/agent must develop a Language Access Plan (LAP) to provide appropriate language assistance.
What is the Purpose of the Policy?
LEP policies provide property staff with a standard operating procedure to:
- Track and document how frequently staff encounter LEP persons – individuals that do not speak, read, or understand English. These encounters may be with members of the community, potential applicants, or residents.
- Use this data to determine if additional communication techniques should be used to ensure LEP persons are not unintentionally discriminated against (in the application process or during residency) based solely on the fact they do not read, speak, or understand English.
Collectively, these two tasks are achieved by performing an ongoing assessment called a four-factor analysis that captures:
- The number or proportion of LEP persons encountered;
- The frequency with which LEP persons come into contact with the program;
- The nature and importance of the program element, activity, or service provided; and
- The resources available and costs to the owner to provide it.
It is important to recognize that having isolated encounters with LEP persons does not automatically mean an Owner has to incorporate comprehensive measures to accommodate every other language. Certain numeric thresholds (denoting frequency of encounters) are established within the guidance and must be met to require the subsequent action- developing a Language Access Plan targeted specifically for that language.
Be Proactive – Expanded Compliance Requirements are Coming
The new version of HUD Form-935-2A, the Affirmative Fair Housing Marketing Plan (not yet released), requires owners/agents to indicate whether their property has a Language Access Plan. The only way to determine if such a plan is required is to document the completion of the four-factor analysis.
How DeSilva Housing Group Can Help
Need some help creating an LEP policy for your portfolio? We can help you accomplish this task quickly and cost-effectively to avoid MOR Findings and FHEO concerns. Our LEP policy includes all the resources and tools to complete the four-factor analysis to determine if an LAP is required at any property. Click here to learn more.
