The Trainer — November 2014
Implementing LEP Rules; Charging Extra Fees
In this month’s feature, we discussed how HUD requires recipients of federal financial assistance to take reasonable steps to ensure that people with limited English proficiency (LEP) have meaningful access to all federally funded programs. These steps include proactive outreach to non-English-speaking people who are eligible applicants for, and residents of, government-subsidized housing. Site owners may need to provide interpretation services or translation of vital documents used in assisted housing. We explained how to create a Language Assistance Plan (LAP) so your site will satisfy HUD’s LEP rules.
In this issue’s Compliance article, we discussed which items and services you can charge residents fees for—and which you can’t. If you make a mistake and HUD catches you, you may end up having to reimburse households that paid the extra fees, and attract additional scrutiny from HUD or contract administrator staff.
QUIZ
QUESTION #1
Although HUD has translated four versions of the model lease into nine languages, you still must have non-English-speaking residents sign the English-language lease. True or false?
a. True.
b. False.
QUESTION #2
If the size of your community’s language group is 1,000 or more in the eligible population in the market area or more than 5 percent of the eligible population and more than 50 in number, then HUD recommends you provide translated “vital documents,” such as leases and applications. True or false?
a. True.
b. False.
QUESTION #3
Your local schools are a good source of information on LEP populations in your area. True or false?
a. True.
b. False.
QUESTION #4
HUD says you may charge late fees to households that don’t pay their rent by the end of the fifth day of the month, but the total late fee you charge in any one month can’t exceed $50. True or false?
a. True.
b. False.
QUESTION #5
HUD Handbook rules let you charge a refundable pet deposit for any household that keeps a cat or dog in its unit. True or false?
a. True.
b. False.
QUESTION #6
You may not charge households a fee for processing their application. True or false?
a. True.
b. False.
QUESTION #7
As long as you get approval from your contract administrator, you may charge households a fee if their children create too much noise or other nuisances in the common areas. True or false?
a. True.
b. False.
ANSWERS & EXPLANATIONS
QUESTION #1
Correct answer: a
True. HUD’s translated model leases are to be used for informational purposes only. The English-language lease is the only controlling document and the only one to be signed by the parties. Therefore, in translated versions of the lease, there are no signature lines.
QUESTION #2
Correct answer: a
True. If the group size is 5 percent or less of the eligible population and fewer than 1,000 in number, HUD states that no written translation is required.
QUESTION #3
Correct answer: a
True. Local schools have often developed detailed resources on LEP populations in the area. Though their student/family data may not exactly match your housing program’s eligibility requirements, schools remain a useful resource.
QUESTION #4
Correct answer: b
False. Although HUD does set a cap on the amount you may charge, it says you may charge up to $5 as an initial fee on the sixth day of the month plus $1 for each additional day the household still hasn’t paid the rent. You may ask your local HUD office to approve an initial late fee higher than $5, but the total late fee you charge in any one month can’t exceed $30.
QUESTION #5
Correct answer: b
False. You may charge a refundable pet deposit only if a household keeps pets in its unit; you may not charge a pet deposit for service or companion animals, such as guide dogs or animals that provide emotional assistance to people with mental disabilities.
QUESTION #6
Correct answer: a
True. You may not charge households a fee to pass on the costs associated with processing applications or with verifying income or eligibility during certifications [HUD Handbook 4350.3, par. 4-7(E)(2)].
QUESTION #7
Correct answer: b
False. Don’t charge households for bad behavior by household members. For instance, you can’t fine households because members were too noisy, used foul language, or didn’t supervise children. But such bad behavior, when serious or ongoing, may be grounds for evicting the household [HUD Handbook 4350.3, par. 6-25(D)(2)].