2019 Analysis of Impediments to Fair Housing: Phase 1 Report

Home

triggered, or `local' is used as a proxy for race or ancestry discrimination. Agencies should remain vigilant to track and address new legal or regulatory determinations. Scenario 3. Tia is an employee at a housing agency and she thinks that many of the vacant units in public housing are going to Micronesian families in Hawai `i. She meets a Micronesian family that needs to take action to continue their program eligibility, but the family needs an interpreter. Tia sends a written letter in English to them that has a phone number at the bottom that tells them how to get an interpreter. Is this a fair housing violation... How frequently do you think this occurs... Don't Know Unlikely Likely Never Rarely Occasionally Regularly 16.1% 45.2% 38.7% 0.0% 13.3% 56.7% 30.0% Correct Answer: Yes, it is likely that this scenario represents illegal discrimination. Legal Explanation: The law requires "meaningful access" to housing for individuals with Limited English Proficiency (LEP), and the factors for determining if an agency is taking appropriate action to provide some access are as follows: 1) The number of LEP persons from a particular language group to be served or encountered; 2) The frequency of contact with LEP persons; 3) The nature and importance of the program; and 4) The resources available, including costs, to provide LEP services (Department of Justice, Enforcement of Title VI of the Civil Rights Act of 1964 National Origin Discrimination Against Persons With Limited English Proficiency; Policy Guidance, 65 FR 50123-01 (Aug. 16, 2000); H.R.S § 321-C3). Here, the agency has identified that a high number of individuals with origins the region of Micronesia (including speakers of various Micronesian languages such as Chuukese and Marshallese), have a high frequency of contact with agencies. Given the importance of housing as a resource, and the risk that this family, per this notice, could lose access to this fundamental need, this scenario raises the risk of fair housing violations. The resources required to translate a letter should not outweigh the needs for housing of LEP individuals. Scenario 4. Roman is an employee at a housing agency and will be meeting with some tenants to discuss maintenance repairs to their unit. Roman is aware that a Chuukese/English translator was needed for the meeting. Roman tells the tenants to bring their son, who is able to speak both English and Chuukese, rather than hiring an interpreter. Is this a fair housing violation... How frequently do you think this occurs... Don't Know Unlikely Likely Never Rarely Occasionally Regularly 33.3% 53.3% 13.3% 0.0% 3.2% 35.5% 6L3% Correct Answer: Yes, it is likely that this scenario represents illegal discrimination. Legal Explanation: The law requires "meaningful access" to housing for individuals with Limited English Proficiency (LEP), and the factors for determining if an agency is taking 16