HUD HCV Guidebook § 4.4

Written translation is the other means to provide language services. The PHA will have many vital documents
that an LEP individual must be able to understand. Examples of vital documents that may be translated
include:
    •    Consent forms;
    •    Intake forms;
    •    Complaint forms;

127 Final LEP Guidance at 2,742—44.
128Final LEP Guidance, at 2,753, Question XIII.

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    •    Written notices of rights, denial, loss, or decreases in benefits or services;
    •    Notices of hearings and eviction;
    •    Notices informing LEP persons of free language assistance;
    •    Leases;
    •    Program rules;
    •    Marketing Materials and
    •    Applications to participate in a PHA’s program or activity or to receive benefits or services.

Some documents will have parts that are vital as well as other parts that are not as vital. In such a case, only
the vital parts need to be translated. PHAs are encouraged to create a plan for consistently determining which
documents and parts of documents are considered vital.

HUD has released several documents relevant to the HCV program in many languages (e.g. Arabic,
Cambodian, Chinese, Creole, French, Hmong, Korean, Russian, Spanish, and Vietnamese). The forms can be
accessed on HUD-CLIPS at https://www.hud.gov/program_offices/administration/hudclips/forms.

The PHA may encounter some languages more frequently than others. When determining which languages
vital documents and correspondence need to be translated into, the PHA is to consider, on a case-by-case
basis, the totality of the circumstances in light of a four-factor analysis. Consideration may be given to
whether the up-front cost of translating, as opposed to oral interpretation, is more cost-effective over the likely
lifespan of the document. Well-substantiated claims of lack of resources to translate all vital documents into
dozens of languages does not necessarily relieve the PHA of its obligation to translate those documents into
at least several of the languages it more frequently encounters.

If a PHA provides written translations in accordance with the chart below, this will provide a “safe harbor,”
which means that the PHA’s action will be considered strong evidence of compliance with the recipient’s
written-translation obligations. However, these “safe harbors” are a starting point in the analysis and are only
a guide for recipients that would like greater certainty of compliance129.

Safe Harbors for Written Translation

  Size of Language Group                           Recommended Provision of Written Language Assistance

  1,000 or more in the eligible population in
  the market area or among current                 Translated vital documents
  beneficiaries

  More than 5% of the eligible population or
                                                   Translated vital documents
  beneficiaries and more than 50 in number

  More than 5% of the eligible population or       Translated written notice of right to receive free oral
  beneficiaries and 50 or less in number           interpretation of documents.

129 Final LEP Guidance at 2,744-45.

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 5% or less of the eligible population or
 beneficiaries and less than 1,000 in             No written translation is required.
 number

As with oral interpreters, translators of written documents must be competent. A competent interpreter is not
necessarily a competent translator. It is important that translators understand the expected reading level of
the audience and recognize that direct translation of materials could result in a translation that is written at a
much more difficult level than the English language version, and sometimes, there is no direct translation of
some English terms. PHAs must work with translators to develop consistent and appropriate descriptions of
such terms.130