New Hampshire Legal Assistance Fair Housing

View Original

What to Do When Language Is a Barrier to Renting an Apartment

Limited English proficiency should not keep a person from renting an apartment. People who do not speak English as their primary language may have a limited ability to speak, read, write, or understand English. This is known as limited English proficiency (LEP). 

 

Limited English proficiency should not keep a person from renting an apartment. People who do not speak English as their primary language may have a limited ability to speak, read, write, or understand English. This is known as limited English proficiency (LEP). 

 

Under fair housing laws, it is illegal to discriminate against someone based on their race, color, or national origin. Housing decisions that are based on limited English proficiency generally relate to race or national origin. 

 

NHLA’s Fair Housing Projectis here to answer questions about housing discrimination for everyone, including people with limited English proficiency. We provide services to victims of housing discrimination and will provide interpreters to LEP persons.

 

Is this Housing Discrimination?

The Fair Housing Act(FHA) prohibits discrimination on the basis of national origin in both private and federally-assisted housing. All housing providers that receive federal financial assistance also must comply with Title VI of the Civil Rights Act. They must take reasonable steps to ensure that people who have limited English proficiencyhave meaningful access to programs and activities, which means providing interpreters to LEP persons and may include providing translation of vital documents, such as leases, in certain circumstances.

 

Under the FHA, a landlord cannot apply a language-related requirement to people of certain races or nationalities or post blanket advertisements such as “all tenants must speak English.” A person’s accent and their national origin are directly linked. If a landlord refuses to rent to someone who speaks English fluently but with an accent, that also is illegal discrimination.

 

To help ensure meaningful access to programs and activities, the federal Limited English Proficiency Initiativeprovides funding for the creation and promotion of translated materials and other programs that help people with limited English proficiency use the services provided by the Department of Housing and Urban Development (HUD).

 

How to Make Renting an Apartment Go More Smoothly

Chances are, if you are not proficient in English, you’re nervous about communicating with a landlord. This is understandable, but there are resources that can make the process easier.

 

Ask for an interpreter

Federally subsidized housing providers must provide language assistance to applicants and tenants. Make sure to ask for an interpreter if needed to communicate with the landlord.

 

Put it in writing

Make sure to save all written communications from your landlord from the first interaction. You should also ask for information in writing from your landlord. Having important information given to you in writing allows you time to find a way to translate and discuss with someone you trust. It also documents any landlord actions that may be illegal.

 

Review your lease carefully

A lease agreement is a legally binding document. Make sure you fully understand the policies within the lease before you sign, including how much notice you must give when leaving.

 

How NHLA can help

NHLA’s Fair Housing Projectpromotes fair access to housing and helps victims of discrimination. We can answer questions about state and federal fair housing laws and may be able to represent you. If you would like to speak to us, call 1-800-921-1115.