Administrative Guidance

President Bill Clinton issued Executive Order 13166 on August 11, 2000, instructing all federally conducted programs to put forth language access plans and for federal agencies to create and publish guidance for federally assisted programs to comply with LEP requirements.

In compliance with Executive Order 13166, HUD released, in 2007, guidance on how federally assisted housing providers should implement LEP policies. This document is a useful tool to understand what housing providers should be doing to provide meaningful access to LEP persons. HUD “Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons,” 72 FR 2732 (January 22, 2007).

The National Multi Housing Council challenged HUD’s LEP guidance in federal district court in National Multi Housing Council v. Jackson, Civil Action No. 07-0815 (JR). The landlords argued that HUD exceeded its statutory authority under Title VI of the Civil Rights Act and that its guidance was arbitrary and capricious, thus violating the Administrative Procedures Act. The court dismissed their motion for lack of ripeness and standing, but the memorandum is instructive in understanding the landlords’ continuing resistance to LEP compliance. Click here for the ruling and accompanying memorandum.

HUD provides a list of federally assisted housing providers for the purposes of Title VI. List of Federally Assisted Programs, 69 Fed. Reg. 68700 (Nov. 24, 2004).