HUD HCV Guidebook § 4.3

When providing oral interpretation services, PHAs must ensure that the language service provider is
competent. Mere self-identification as bilingual does not make the person an effective interpreter. However,
formal certification as an interpreter is not necessary, although it does serve as documentation of competency
to interpret. Hiring bilingual staff offers one of the best and most economical ways to accommodate the
needs of LEP persons if the staff can communicate directly with LEP persons in the LEP person’s own
language. Staff members also may provide interpretation services, provided that they are able to not only
communicate in a different language, but also can interpret that language into English. PHA staff used as
interpreters or who communicate directly with LEP persons in the LEP person’s own language would need to
have a technical understanding of the words and phrases used in HUD programs. However, HUD cautions the
PHA not to utilize this method of providing service if the role of the employee as interpreter may conflict with
their other roles, such as with program enforcement and hearings.

125 “Served or encountered” includes individuals who would be served or encountered by the recipient if the persons were afforded

adequate education and outreach. Final LEP Guidance at 2,734.
126 Final LEP Guidance at 2,740—41.

Fair Housing and Nondiscrimination Requirements                                                                         33
US Department of Housing and Urban Development                                                                  April 2025

PHAs that find they do not need a regular interpreter on staff may find it beneficial to use a teleconferencing
or video interpreter services, maintain a contract with an interpreter, or rely on competent community
volunteers to assist with interpretation services.

Some families may prefer to use family or friends as interpreters. However, PHAs may not plan to rely on an
LEP person’s family or friends. If an LEP person prefers to use an interpreter of their own choosing, at their
own expense, they may be permitted to do so as long as they are aware that free language services are
offered by the PHA. The PHA is to take special care to ensure that any informal interpreter is appropriate in
light of the circumstances and subject matter of the communication, particularly if an LEP person chooses to
use a minor as an interpreter as additional issues of competency, confidentiality, or conflict of interest may
arise. During interviews, grievance hearings, reexaminations, or other situations in which sensitive
information of a personal nature is discussed, there may be privacy issues and possible conflicts of interest
when adult family or friends are interpreters. In particular, interpreter services of this nature are usually
inappropriate when PHA personnel are responding to a domestic disturbance. PHAs must ensure that the LEP
person’s choice is voluntary, that the LEP person is aware of the possible problems, especially if the preferred
interpreter is a minor child, and that the LEP person knows that the recipient could provide a competent
interpreter at no cost.

Quality and accuracy are critical. It is important that interpreters demonstrate proficiency to communicate
accurately in both English and the other language. Terms and concepts relating to the program, as well as
words and phrases used by the LEP person need to be understood. Also, the interpreter must understand and
follow confidentiality rules and not show partiality. It is important that the interpreter knows if there are
differences in word usage in different regions in the language they are interpreting. For example, someone
from Mexico who speaks Spanish will use and understand certain words differently than someone from Cuba.
These distinctions need to be understood by the interpreter. Interpreters also must not deviate into other
roles such as counselor or legal advisor.

All interpretation services need to be provided in a timely manner to be meaningfully effective. Language
assistance must be provided at a time and place that avoids the effective denial of services, benefits, or rights
at issue, or the imposition of an undue burden on or delay in important services, benefits, or rights to the LEP
person. For example, it is likely insufficient to rely solely on a staff member who is only available to provide
interpretation services one day per week.127

Unlike in written materials, there is no safe harbor for oral translation, and PHAs need to provide oral
translation services regardless of PHA size.128