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Ограниченным знанием английского языка : 人々は、任意の言語 を歓迎作る

Ограниченным знанием английского языка : 人々は、任意の言語 を歓迎作る. Gary Hanes. March 20, 2014 AHMA – Fair Housing Training. LIMITED ENGLISH PROFICIENCY: Making people welcome in any language. Gary Hanes. March 20, 2014 AHMA – Fair Housing Training. NOT EVERYONE SPEAKS ENGLISH.

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Ограниченным знанием английского языка : 人々は、任意の言語 を歓迎作る

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  1. Ограниченным знанием английского языка:人々は、任意の言語を歓迎作る Gary Hanes March 20, 2014 AHMA – Fair Housing Training

  2. LIMITED ENGLISH PROFICIENCY:Making people welcome in any language Gary Hanes March 20, 2014 AHMA – Fair Housing Training

  3. NOT EVERYONE SPEAKS ENGLISH Language other than English spoken at home age 5+ 25.2 million or about 9% LEP population—2010 Census

  4. LINGUISTICALLY ISOLATED HOUSEHOLDS These are households where no one over age 14 speaks English very well

  5. Languages in our school districts: Boise 80-100 Meridian 58 Canyon County 12 Twin Falls 21 Why is this important?

  6. LANGUAGE ASSISTANCENEEDS IMPROVEMENT The City of Boise’s Analysis of Impediments to Fair Housing and its 2011-2015 Fair Housing Plan reported:

  7. LEGALUNDERPINNINGS • Title VI of the 1964 Civil Rights Act • U.S. Supreme Court—Lau v. Nichols (1974) • E.O. 13166 (2000) • Federal Agency Guidelines HUD – 2007 USDA - ?

  8. WHO MUST COMPLY? • All agencies of the federal government • All programs that receive federal assistance • State and local agencies • Subrecipients • Private and nonprofit entities

  9. COVERAGE Coverage extends to a recipient’s entire program or activity, i.e., to all parts of a recipient’s operations. This is true even if only one part of the recipient receives the federal assistance. What are the implications of this?

  10. WHAT IS LIMITED ENGLISH PROFICIENCY? Persons who do not speak English as their primary language and who have alimited ability to read, write, speak, or understand Englishcan be limited English proficient, or ‘‘LEP,’’ and may be entitled to no-cost, timely and competent language assistance.

  11. INTERPRETATION -- TRANSLATION Interpretation: listening to something in one language…and orally converting it into another.... Translation…replacement of written text from one language into an equivalent written text in another language. It ranges from a full translation of a document to a short translation of a description of a document.

  12. LANGUAGE ASSISTANCE PROGRAM

  13. LANGUAGE ASSISTANCE PROGRAM LANGUAGE NEEDS ASSESSMENT

  14. LANGUAGE ASSISTANCE PROGRAM LANGUAGE NEEDS ASSESSMENT LANGUAGE ACCESS PLAN

  15. LANGUAGE NEEDS ASSESSMENT FOUR FACTORS: • Number or % of eligible LEP persons • Frequency of contact with LEP persons • Nature of the program, activity, or service • Resources available and expected costs

  16. LANGUAGE ACCESS PLAN • Procedures for informing people of their language rights • Procedures for identifying LEP persons • How language assistance will be provided • Docs to be translated; schedule; cost • Staff training • Etc.

  17. YOU MUST PROVIDE INTERPRETATION When the client is: • Assessed as being LEP; and, • The communication involves the meaningful access by aperson to information or services

  18. General Notes on Interpretation • There is a duty to inform a person of the right to free interpretation • It is your duty to provide interpretation • Interpretation must be competent,timelyandfree • Remember the recorded phone greeting

  19. INTERPRETING CAUTIONS • Using friends and family…especially children to interpret • Different dialects/cultural competency • There is no“safe harbor” for interpretation!

  20. WHAT DOCUMENTS SHOULD BE TRANSLATED? VITAL DOCUMENTS Those documents that are critical for ensuring meaningful access by beneficiaries or potential beneficiaries generally and LEP persons specifically. Such as…

  21. THERE IS “SAFE HARBOR” FOR TRANSLATION Are there other reasons to translate docs?

  22. SIZE OF LANGUAGE GROUP

  23. WRITTEN LANGUAGE ASSISTANCE This is an “offer to interpret”

  24. A FEW WORDS ABOUTAFFIRMATIVE MARKETING • The LNA may or may not inform your Affirmative Fair Housing Marketing Plan • The AFHMP may indicate that to achieve the demographic occupancy goals that marketing information should be in more languages

  25. But…English is the official language! In a jurisdiction where English has been declared the official language, a HUD recipient is still subject to federal nondiscrimination requirements, including Title VI requirements as they relate to LEP persons.

  26. WHY COMPLY? • To expand your market • To provide good customer service • To comply with the law Ensure meaningful access Avoid disparate treatment • To manage risk Avoid civil lawsuits and Fair Housing complaints

  27. CASE STUDY A Spanish-speaking tenant failed to recertify HH income. All written and oral communication was in English from the housing provider. The tenant was terminated and did not know her appeal rights. The housing provider did not have a LNA or LAP. There was bilingual staff, BUT no policy for its use.

  28. CASE STUDY - Outcome The housing provider: • Paid the complainant $25,000 • Adopted LEP Policy and completed a LNA and LAP • Improved procedures (inc. interpretation) • Translated documents • Trained staff • Conducted outreach

  29. RULES Put a Language Assistance Program in place, follow it, and… • Document! • Document! • Document!

  30. RESOURCES : • U.S. Department of Justice: www.lep.gov • www.gehanes.com -- Offers to Interpret -- “Please Repair” pamphlet -- In the News -- Connect on Linked In

  31. Scenario #1 A BSU grad is your new trainee. She is doing great and learning fast. You are the Property Manager and today is your regular lunch meeting with the Regional Property Manager. You decide to leave your trainee in charge. When you return you learn that a customer phoned the office and didn’t speak English. Your trainee hung-up on the caller. What now?

  32. Scenario #2 You get a call from a social worker that is scheduling a meeting with a Tgrinya-speaking refugee so he can make an application for housing. You insist the social worker to bring an interpreter. What should you have done?

  33. Scenario #3 You manage two large affordable housing properties in separate counties. One property has HOME funding, the other is a LIHTC project. You decide to adopt a Language Assistance Program for the HOME project, but not the LIHTC project to save money/effort. Are you in compliance with the LEP rules?

  34. Scenario #4 You receive a barely understandable voicemail request for an application package. The guy doesn’t speak English very well. You’re not even sure what his language is, but you understand what he wants and you got his address. You send him an application form. Did you possibly forget anything?

  35. Scenario #5 You receive a complaint from a Urdu speaker that the telephonic interpretation you’d provided two weeks earlier was flawed. This client had not said anything at the time and in the end, you couldn’t approve the application because the right information was never provided. What do you do now?

  36. Scenario #6 A Spanish-speaking man is in your office to talk about his delinquent rent. He brings his brother to interpret. You become concerned that the brother is not understanding what you’re telling the tenant. What do you do?

  37. ………George Carlin

  38. 208-515-2185 gary@gehanes.com www.gehanes.com GOOD CUSTOMER SERVICE IS WELCOME IN ANY LANGUAGE – Erik Kingston

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