LEP/Section 504 Requirements

Two of the most misunderstood laws relating to federally assisted affordable housing are the rules regarding Limited English Proficiency (LEP) and the Section 504 requirements. This three-hour live webinar will cover the requirements of each and outline the basic steps affordable housing managers must take to remain compliant with both sets of rules. Most individuals living in the U.S. read, write, speak, and understand English. There are many, however, for whom English is NOT their primary language. For this reason, affordable housing operators with federal assistance are required to comply with the Limited English Proficiency (LEP) requirements of the federal government.

All programs and operations of entities that receive financial assistance from the federal government, including but not limited to state agencies, local agencies, and for-profit and non-profit entities, must comply with the LEP requirements. Sub-recipients must also comply (i.e. when federal funds are passed through a recipient to a sub-recipient). As an example, Federal Housing Administration (FHA) insurance is not considered federal financial assistance, and participants in that program are not required to comply with Title VI's LEP obligations unless they receive federal financial assistance as well (such as project-based Section 8). This section of the webinar will assist affordable housing owners and managers in their understanding of LEP requirements and will cover the following areas: (1) Ensuring plan compliance; (2) the “four-factor” analysis; (3) translation “safe harbors”; (4) monitoring and updating the Plan; and (5) issues relating to reasonableness. The training will also outline exactly which programs and properties are – and are not- subject to LEP requirements.

Section 504 of the Rehabilitation Act of 1973 is usually just referred to as “Section 504.” Section 504 provides rights to persons with disabilities in federally-funded programs and activities – including HUD and RD programs. Specifically, Section 504 states “No otherwise qualified individual with a disability in the United States ... shall, solely because of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program, service or activity receiving federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service.” Section 504 is not the only law that prohibits disability discrimination in programs receiving HUD and RD funds or financial assistance. Other federal laws that require nondiscrimination based on disability include the Fair Housing Act, the Americans with Disabilities Act, and the Architectural Barriers Act.

However, this training focuses on Section 504 requirements, including (1) the properties that are subject to Section 504, (2) what is meant by the term “integrated setting,” (3) what is meant by program accessibility, (4) who covers costs relating to Section 504 compliance, (5) the definition of an “accessible unit,” (6) what physical accessibility features are required, and (7) is Section 504 applicable to rehab deals. At the end of this session, participants will understand the requirements of both LEP and Section 504 and will be better able to serve the intended beneficiaries of these two laws and protect the interests of property owners.