Language Access Plan

  1. Introduction 

    The Portland Housing Authority (“PHA”) is committed to ensuring equal access to its programs and activities by all residents, regardless of primary language spoken.  

    Title VI of the Civil Rights Act of 1964 (“Title VI”) requires recipients of federal financial assistance to take reasonable steps to ensure meaningful access to their programs and services by individuals with Limited English Proficiency (“LEP”). Persons who do not speak English as their primary language and who have a limited ability to read, write, or understand English may be considered LEP individuals. Such reasonable steps to ensure meaningful access include language access planning.

    On January 22, 2007, the U.S. Department of Housing and Urban Development (“HUD”) issued Final Guidance to recipients of HUD funding concerning compliance with the Title VI prohibition against national origin discrimination affecting LEP individuals, including detailed guidance for language access planning. 1

    The PHA will periodically review and update this LAP to ensure continued responsiveness to community needs and compliance with 760 CMR 4.02(1)(e), as well as Title VI and related HUD guidance as applicable. Furthermore, HUD’s Final Guidance defines a four-factor self-assessment method which assists agencies receiving HUD funds in determining the extent of their obligations to provide LEP services. 

    While English is the primary language for the majority of Portland residents, persons who have difficulty speaking English are at a severe disadvantage accessing services. According to the U.S. Census Bureau: State and County Quick Facts* updated in 2019, 13.2% percent of persons aged 5 or older of Portland’s 66,408 residents speak a language other than English at home. Substantial anecdotal evidence gained through experience indicates that the PHA likely serves or could serve to varying degrees all LEP client populations that live in or seek to resettle in the area. The nature and magnitude of LEP assistance provided by the PHA should reflect these realities.

  2. GOALS OF THE LANGUAGE ACCESS PLAN

    The goals of the PHA’s LAP include:
    • To ensure meaningful access to the PHA’s housing programs and services by all eligible individuals regardless of primary language spoken. 
    • To ensure that all LEP individuals are made aware that the PHA will provide free oral interpretation services to facilitate their contacts with and participation in programs administered by the PHA.
    • To provide written translations of vital documents to LEP individuals speaking priority languages.
    • To ensure that PHA staff are aware of available language access services and how these services need to be used when serving LEP individuals.  
    • To provide for periodic review and updating of this LAP and services in accordance with community needs.

  3. LEP INDIVIDUALS WHO NEED LANGUAGE ASSISTANCE 

    See “Attachment A” for data analysis of LEP populations.

  4. TYPES OF ASSISTANCE NEEDED BY LEP INDIVIDUALS 

    Most contacts between the PHA and LEP individuals involve meetings, written communications and phone calls where information is exchanged. Examples include interactions by applicants with PHA staff during the application process leading up to and including placement in housing, as well as periodic contact between residents and PHA staff related to management, maintenance, and lease compliance issues. Oral language assistance services may be needed for these contacts. Oral language assistance service may come in the form of "in-language" communication (a demonstrably qualified bilingual staff member communicating directly in an LEP person's language) or interpretation services. These services may also be necessary to communicate with LEP individuals when written materials are insufficient.

    Other contacts involve the exchange and review of printed materials, some of which may be considered “vital documents”. HUD’s Final Guidance defines vital documents as, “any document that is critical for ensuring meaningful access to the recipients’ major activities and programs by beneficiaries generally and LEP individuals specifically”. 

  5. LANGUAGE ASSISTANCE TO BE PROVIDED

    To promote equal access to PHA programs and services by LEP individuals, the EHA will implement the following array of Language Access services:

    1. Identification of LEP Individuals and Notices Use of “I Speak... Language Identification Flashcards”2: 

      To help identify LEP individuals and determine the appropriate Language Access, the EHA will post and make available “I Speak... Language Identification Flashcards” in common areas, on its website, and by request. Applicants and residents can use these guides to indicate their primary language. During the tenant selection screening process, PHA staff will make appropriate arrangements for interpretation services generally; using either a bilingual staff person or a telephone interpretation service.3

      Notices of Oral interpretation Services:

      Subject to budget constraints and in consideration of the four-factor self-assessment described on Attachment A, the PHA will provide free access to language assistance for staff contact with LEP individuals. The PHA will prominently post multi-language notices in common areas and on its website which indicate that free language assistance is available upon request (see “Attachment B”). The EHA will also gather data on requests for language assistance by language to inform its four-factor self-assessment. 

    2. Language Access Measures

      Oral Interpretation - Telephone Support:
      Subject to budget constraints and in consideration of the four-factor self-assessment described on Attachment A , if qualified bilingual PHA staff are unavailable to communicate with an LEP individual who is requesting assistance, the PHA will use the services of a professional telephone interpretation service, including when an LEP individual uses an “I Speak... Language Identification Flashcard” to signify that they speak a non-English language. When these contacts involve review of PHA forms and procedures, the PHA will schedule the call so that the telephonic interpreter has the opportunity to first review the relevant form or procedure. The PHA will only utilize interpretation services which demonstrate a high degree of training and professionalization among the interpreter staff. The PHA currently utilizes “I Speak…” Language Identification Flashcards2 for service which provides trained and certified interpreters and coverage for a multitude of languages. PHA staff are trained in how to access this service, which is available as needed for LEP applicants and residents. 

      Oral Interpretation - In Person Assistance:
      Subject to budget constraints and in consideration of the four-factor self-assessment described on Attachment A , in limited instances where telephone interpretation services or the use of bilingual PHA staff are determined insufficient to ensure meaningful access, the PHA may provide qualified in-person interpretation services at no cost to the LEP individual through the use of community resources and/or outside organizations or vendors who employ or contract with qualified and trained interpreters. Examples of contacts where in person assistance may be requested includes termination hearings and evictions. Due to the considerable expense often involved in providing in person assistance, unless in-person interpretation is available at low cost through community resources, the PHA will generally strive to use telephonic assistance, as resources permit. If the LEP individual does not wish to use the free interpretation services offered by the PHA, the LEP individual may provide their own qualified interpreters at their own expense. 

      Oral Interpretation - Use of Other Interpreters not provided by the PHA:
      As noted above, LEP individuals will be informed that the PHA will provide them with free access to oral interpretation services via bilingual PHA staff or qualified, trained contractors as needed. If the LEP individual requests their own qualified, trained interpreter this will be allowed at the individual’s own expense. Use of family members and friends as interpreters is allowed. Staff will be advised to be alert to the potential for any conflict of interest or competency issue that may arise from the involvement of family or friends. 

      Written Translation:
      The PHA will strive to translate documents that are vital to meaningful program access as resources permit and in consideration of the four factor-self-assessment referenced in Attachment A and applicable HUD guidance. Vital documents are those that are critical for ensuring meaningful access to the PHA’s major activities and programs by beneficiaries generally and LEP persons specifically. Meaningful program access generally requires awareness of, and ability to participate in, procedures for applying to the program, for meeting the requirements of the program, and for enjoying important benefits of the program. Meaningful program access also requires awareness of rights and services; otherwise, LEP persons may effectively be denied such access. 

    3. Staff Training and Coordination

      The PHA will provide training on LEP awareness and required assistance actions under the Language Access Plan for employees. This will include: 

      Training: The PHA will make reasonable efforts to avail its staff and employees of any available trainings on Language Access. PHA employees and staff who regularly interact with PHA clients will be encouraged to complete periodic refresher trainings on Language Access. PHA staff will be required to complete the “Providing Meaningful Access for Limited English Proficient Individuals” training material, located on the PHA’s intranet, to be completed by all PHA staff. PHA will closely monitor staff training needs and update training material periodically as needed.    

    4. Providing Notice to LEP Individuals 

      To ensure that LEP individuals are aware of the language services available to them, the PHA will post LEP notices in multiple languages in the PHA’s common areas, on the PHA’s website, and will make LEP notices available upon request.  

  6. Monitoring/Tracking

    The PHA will institute procedures to monitor the accessibility and quality of language assistance activities for LEP persons in it conducted programs and activities. Monitoring will be accomplished on an ongoing basis to ensure that the language assistance provided by the PHA adapts to changing client demographics and needs. This will be accomplished by:

    1. Supervisors of each department monitoring the implementation of the PHA’s LAP and coordinating its annual update. 

      Ensuring the language assistance services provided by the department are tracked as follows:

      A Language Log report which each Department shall track and record requests for language assistance, service provided (interview, hearing, briefing, etc.) and the type of language services e.g., oral or written into a software system used by PHA. A report generating this information will be analyzed monthly to ensure that the language assistance provided by the PHA adapts to changing client demographics and needs.

    2. A summary report of the number of PHA clients who are LEP

    3. A summary report listing the languages used by LEP clients

      A determination as to whether a percentage of the PHA’s clients speak a specific language requiring the translation of documents. Analyze the U.S. Census Bureau’s American Community Survey language data on the city of Portland Identifying staff that may require training on the delivery on language services, e.g., new hires, employees new to a department.

    4. Provide the Executive Director with updated language assistance service needs of each Department.

  7. LAP Plan Distribution and Public Posting 

     The LAP Plan will be: 
    • Distributed to all PHA Supervisors 
    • Available in PHA Management Offices 
    • Posted on PHA’s website: www.porthouse.org

  8. Complaints

    PHA employees who receive a report or become aware that an LEP person believes that he/she has not been provided with language assistance services, in accordance with the provisions of PHA’s LAP should report that information to the Maine Human Rights Commission. The phone number is (207) 624-6290 or TTY users by Maine Relay 711. Or they can visit the Maine Human Rights Commission at 51 State House Station Augusta, ME 04333-0051.


PHA LAP Approved by the Board of Commissioners: 

March 30, 2023 

  • Attachment A: PHA’s Four-Factor Self-Assessment Analysis Regarding Limited English Proficiency (LEP) Individuals 
  • Attachment B: Language Assistance Protocols 
  • Attachment C: LEP PHA flier, “You Are Entitled to a Free Interpreter”

(Content of attachments listed below citations for web formatting)

Citations

1 https://www.federalregister.gov/documents/2007/01/22/07-217/final-guidance-to-federal-financialassistance-recipients-regarding-title-vi-prohibition-against; see also https://www.federalregister.gov/documents/2007/03/16/E7-4794/final-guidance-to-federal-financialassistance-recipients-regarding-title-vi-prohibition-against 

2 “I Speak…” Language Identification Flashcards are available in numerous languages from the U.S. Census Bureau: https://www.lep.gov/sites/lep/files/media/document/2020-02/crcl-i-speak-booklet.pdf

3 HUD guidance indicates that written translation of vital documents for each eligible LEP language group that constitute more than 5% (if >50) of the eligible population in the market area or among current beneficiaries, or 1,000 of such persons, whichever is less, will constitute strong evidence that reasonable steps have been taken to address written translation needs.

Attachment A: PHA’s Four-Factor Self-Assessment Analysis Regarding Limited English Proficiency (LEP) Individuals 

  1. Assessing the number and proportion of LEP individuals served or encountered in the eligible service population.

    Data estimates are based on the following data sources: 
    • Census data at the County level (for estimating potential LEP applicants encountered by the PHA):
      • 7.1% of individuals living in Cumberland County aged 5 years or older speak a language other than English in the home and have limited proficiency in English. 
      • 1.2% of individuals living in Cumberland County aged 5 years or older speak Spanish.
      • 3.1% of individuals living in Cumberland County aged 5 years or older speak Other Indo-European languages.
      • 1.3% of individuals living in Cumberland County aged 5 years or older speak Asian and Pacific Island languages.
      • 1.5% of individuals living in Cumberland County aged 5 years or older speak other languages.  
      • Based on the above data sources, in consideration of the four-factor self-assessment, it has been determined that no one language spoken in Cumberland County by individuals aged 5 years or older meet the 5% threshold for written translation.
    • US Census 2020: ACS 5-Year Estimates: https://data.census.gov/table?tid=ACSST5Y2020.S1601&g=050XX00US23005

  2. Assessing the frequency with which LEP individuals encounter the program, activity, or service.

    • This information will be obtained not only using these statistics but also through collection of internal data regarding self-identification by LEP individuals. Emphasis will be based on translation of documents where the population meets or exceeds 5% or 1,000 such persons, whichever is less in consistency with HUD LEP guidance.

  3. Assessing the nature and importance of the program, activity, or service provided by the program. 

    • The greatest consequences of the contact, the more important it is for PHA to provide language services. PHA will focus its efforts providing language services in: 
      1. Important matters with initial eligibility for public housing and tenant-based assistance;
      2. Important matters which impact continuing eligibility in the above referenced programs; and 
      3. Denials, Terminations of housing assistance or Evictions. 

  4. Assessing the resources (e.g., translation services, bilingual staff, community resources, ect.) available to PHA and costs. 

    • Translation and interpretation services are most readily available through PHA’s provider service: Language Line Solutions. Telephonic interpretation is most cost-effective for PHA. 

Attachment B: Language Assistance Protocols 

Interpretation Services: AT&T Language Line  
Telephone number: 800-874-9426

Identifying Need for Language Assistance:

Persons with LEP will often be able to convey, including through third parties, their need for language assistance, although in some instances one or more of the following steps may be necessary to identify the language and the nature of the assistance sought.  

  1. Utilize “I-Speak cards” where walk-ins occur to identify what language the person reads or speaks. I-Speak cards are available at the following website: https://www.lep.gov/sites/lep/files/media/document/2020-02/crcl-i-speak-booklet.pdf. 
  2. Consult available PHA staff who can provide initial support in identifying languages and assistance needed by persons with LEP that come in direct contact with PHA in person, by telephone, or in writing. 
  3. Utilize PHA’s over-the-phone telephonic services account with AT&T Language Line.
  4. Consult with partner agencies assisting the person. 

Note: Persons with LEP must not be turned away or told that they must secure their own interpreter or translator. Language assistance through interpreter or translator services as appropriate must be sought as soon as possible and timing related rights must be preserved whole such services are being sought. 

Protocols and Procedures for Providing Oral Language Assistance (Interpretation): 

Select appropriate method for providing interpretation on a case-by-case basis depending on the nature and importance of the communication, including whether in-person interpretation is necessary for providing meaningful access to programs and services. The following are interpreter resources for consideration: 

  1. PHA Staff 

    Reception staff and others are trained and will continue to be trained on how to provide language services with LEP who appear at PHA offices needing language assistance. 

    To help identify LEP individuals and determine the appropriate language assistance, PHA will post and make available “I Speak Cards” also known as “Language Identification Cards” at their offices. Applicants, tenants, and program participants can use these cards to indicate their primary language. PHA staff will then make appropriate arrangements for interpretations services, using a qualified third-party interpreter identified by the applicant/participant or administering entity, or telephone interpretation service. 

  2. In-Person Assistance: In limited instances where in-person assistance is necessary to ensure meaningful access and use of bilingual PHA staff is determined to be insufficient or inappropriate (e.g., due to conflict of interest), PHA may provide qualified in-person interpretation services at no cost to the LEP individual either through local community organizations or through a vendor. 

    House of Languages, 151 Newbury St, Portland ME may be able to provide bilingual services for in-person appointments. Contact PHA at 207-773-4753 to schedule access. 

  3. Currently, AT&T Language Line is used for over-the-phone interpretation. Useful tips for using interpreter services and further protocols for telephonic interpretation are provided below. 

Protocols for Using Over-the-Phone Interpretation: 

Additional Protocols for Administrative Staff 

  1. Utilize staff resources or the service to:
    1. Determine the LEP caller’s question or issue.
    2. Obtain the LEP caller’s name, contact information and best times when he/she/they can be reached. 
    3. Inform the LEP caller that the appropriate staff person will contact the caller. 
  2. After the call ends, let the appropriate staff person that would handle the caller’s type of question/issue know that the caller requires follow-up with language interpretation and specify for the staff person the information corresponding to paragraph (1) (a) (b) (c) above as well as whether the issue appears to be time sensitive. 
  3. Assist the staff person to utilize staff resources or over-the-phone interpretation to follow-up with the LEP caller. 

Note: the following are useful tips for utilizing over-the-phone interpreter services:

  • Explain to the interpreter the purpose of the communication (i.e., assistance completing housing application). It is also helpful, particularly for more complex situations, to give the interpreter a brief overview and description of the information to be conveyed. 
  • Provide brief explanations of technical terms of art that may come up during the conversation, such as eligibility, income limits, recertification, lease violation, etc. 
  • Speak as if talking directly with the person with LEP and not with the interpreter. It may be helpful to check in with the interpreter to make sure he/she/they understand what you are saying. If in person, face the person with LEP and look at him/her/they and not the interpreter. 
  • Speak in short sentences and enunciate words.
  • Express one idea at a time and allow the information to be interpreted prior to continuing. 
  • Avoid using acronyms, such as HUD, PHA, HCV, etc.
  • Inform the interpreter when you are no longer in need of his/her/their services. 

Attachment C: Written Correspondence Protocol 

Portland Housing Authority Limited English Proficiency flier, “You Are Entitled to a Free Interpreter” to be included in all applicant/participant correspondence and official PHA business.