Housing
Affordable housing is housing which is deemed affordable to those with a median household income as rated by the national government or a local government by a recognized housing affordability index
Legal Requirements
Title VI of the Civil Rights Act of 1964 is the federal law that protects individuals from discrimination on the basis of their race, color, or national origin in programs that receive federal financial assistance. In certain situations, failure to ensure that persons who are LEP can effectively participate in, or benefit from, federally assisted programs may violate Title VI’s prohibition against national origin discrimination.
EO 13166, signed on August 11, 2000, directs all federal agencies, including the Department of Housing and Urban Development (HUD), to work to ensure that programs receiving federal financial assistance provide meaningful access to LEP persons. Pursuant to EO 13166, the meaningful access requirement of the Title VI regulations and the four-factor analysis set forth in the Department of Justice (DOJ) LEP Guidance apply to the programs and activities of federal agencies, including HUD. In addition, EO 13166 requires federal agencies to issue LEP Guidance to assist their federally assisted recipients in providing such meaningful access to their programs. This Guidance must be consistent with the DOJ Guidance. Each federal agency is required to specifically tailor the general standards established in DOJ’s Guidance to its federally assisted recipients. On December 19, 2003, HUD published such proposed Guidance.
Consequences of inadequate Language Access in Housing
Individuals cannot sue to enforce Title VI unless they can prove intentional discrimination, but
limited English-proficient speakers can complain to the federal funding agency if the recipient
agency does not provide meaningful access to services and programs. Federal agencies can
initiate an investigation of the recipient agency based upon an individual’s complaint, or
investigate on their own initiative.
As of 2010, the Justice Department increased its efforts to ensure Title VI compliance in the area of language access by opening numerous investigations. After attempting to resolve an issue through voluntary and cooperative efforts, the agency granting funds may submit the matter for an administrative hearing and move to cut off funding, or may sue to achieve compliance. Some investigations, initiated as civil rights complaints, have led to cooperative agreements between the Justice Department and local agencies, formalized as memoranda of understanding between the parties. These agreements generally include timelines to implement language access policies, describe when and how language access will be offered, and how staff will be trained to provide access. The agreements also include multi-year reporting requirements that allow the Justice Department to monitor progress.
Strategies for Improving Language Access in Housing