Title VI of the Civil Rights Act covers federally-assisted program, service or housing. All housing providers are subject to Title VIII of the Civil Rights Act (the Fair Housing Act).
Language is closely related to a person’s Race and National Origin. Both are protected classes under Title VI and Title VIII (the Fair Housing Act) of the Civil Rights Act.
In terms of language access, Title VI principally focuses on equity (or an equitable outcome) when a person is accessing federally assisted programs, services, or housing. Providers must ensure that people who are limited English proficient are provided ‘meaningful’ language access.
The January 22, 2007, HUD Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons has the details.
USDoJ memo and HUD LAP – On November 21, 2022, the U.S. Department of Justice issued a memorandum on Strengthening the Federal Government Commitment to Language Access. HUD had issued its 2021-2026 Language Access Plan. These documents speak to federal agencies reviewing/improving their own internal LAPs and procedures as well as the probability of increased vigilance in this area of compliance on the part of HUD and other agencies.
Most housing providers, including assisted housing providers, are covered by Title VIII (the Fair Housing Act). The Fair Housing Act focuses on equality or equal treatment regarding a person’s language.
The September 15, 2016, HUD Office of General Counsel Guidance on Fair Housing Act Protections for Persons with Limited English Proficiency has much more information.
The video below explains the obligations housing providers have to limited English proficient persons.
“Everyone who applies for or lives in HUD-assisted housing should be able to access critical information about that housing, such as the application process, the terms of their lease, and the apartment building’s rules. Language must not be a barrier to accessing affordable housing. Under fair housing laws, affordable housing providers have an obligation to make important information available to all applicants and tenants, including people whose primary language is not English.”
–Jeanine Worden, HUD Acting Assistant Secretary for FHEO