The guidance, which went into effect on March 7, 2007, requires federally funded apartment owners to translate a broad array of documents in multiple languages. It also provides for verbal translations for people who do not read in their native language.
HUD asked the US District Court for the District of Columbia to dismiss the case on the grounds of ripeness and standing. The Court agreed. "HUD's intent in promulgating this guidance may indeed have been regulatory–it may have been done to make the requirement more palpable and to encourage greater 'voluntary compliance'," the Court said in its ruling. "However, until an actual plaintiff with standing comes forth regarding damages incurred in trying to comply or failing to comply with the HUD LEP "policy guidance," the court has said there is no basis for the NMHC/NAA suit.
The Court also clarified that the guidance is a clarification of an existing obligation. The guidance was issued in response to a 2000 Executive Order noting the need for federal agencies to comply with Title VI of the 1964 Civil Rights Act.
The NMHC/NAA had argued that HUD should bear costs and responsibility of translating basic program documents. In addition, the industry associations argued that owners should not be responsible for assuring the competency of translators and interpreters.
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Erika Morphy
Erika Morphy has been writing about commercial real estate at GlobeSt.com for more than ten years, covering the capital markets, the Mid-Atlantic region and national topics. She's a nerd so favorite examples of the former include accounting standards, Basel III and what Congress is brewing.
