D.C. Mun. Regs. tit. 14, § 6104
6104.1 LEP can be a barrier to accessing important benefits or services, understanding and exercising important rights, complying with applicable responsibilities, or understanding other information provided by the public housing program. In certain circumstances, failure to ensure that LEP persons can effectively participate in or benefit from federally-assisted programs and activities may violate the prohibition under Title VI against discrimination on the basis of national origin. This § 6104 incorporates the Final Guidance to Federal Assistance Recipients Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited English Proficient Persons, published January 22, 2007, in the Federal Register.
6104.2 DCHA shall take affirmative steps to communicate with people who need services or information in a language other than English. These persons shall be referred to as “Persons with LEP.”
6104.3 Persons with LEP are defined as persons who do not speak English as their primary language and who have a limited ability to read, write, speak or understand English. For the purposes of this ACOP, Persons with LEP are public housing applicants and resident families, and parents and family members of applicants and resident families.
6104.4 In order to determine the level of access needed by Persons with LEP, DCHA shall balance the following four (4) factors:
Balancing these four (4) factors ensures meaningful access by Persons with LEP to critical services while not imposing undue burdens on DCHA.
6104.5 DCHA shall offer competent interpretation services free of charge, upon request, to the Persons with LEP.
6104.6 DCHA shall follow its Language Access Plan (LAP), which includes the following:
(a) DCHA shall utilize a language line for telephone interpreter services.
(b) When exercising the option to conduct remote hearings, however, DCHA shall coordinate with a remote interpretation service which, when available, uses video conferencing technology rather than voice-only interpretation.
(c) Where Persons with LEP desire, they shall be permitted to use, at their own expense, an interpreter of their own choosing, in place of or as a supplement to the free language services offered by DCHA. DCHA, at its discretion, may choose to use the language services even when Persons with LEP desire to use an interpreter of their choosing. The interpreter may be a family member or friend. If the interpreter chosen by the family is a minor, DCHA shall not rely on the minor to serve as the interpreter.
(d) DCHA shall analyze the various kinds of contacts it has with the public, to assess language needs and decide what reasonable steps should be taken. “Reasonable steps” may not be reasonable where the costs imposed substantially exceed the benefits. Where feasible and possible, according to its LAP, DCHA shall train and hire bilingual staff to be available to act as interpreters and translators, shall pool resources with other PHAs, and shall standardize documents. Per the Council of the District of Columbia’s Language Access Act of 2004 (DCMR 4-1210.1), DCHA shall take reasonable steps to screen self-identified bilingual staff members who request to be placed on the list of language facilitators. Based on this list of available staff language facilitators and both the established and anticipated demand for language access services, the agency shall determine its existing capacity for assisting Persons with LEP and Non-English Proficiency (NEP) customers. To the extent that it requires additional capacity for providing interpretation services, DCHA must give preference to qualified bilingual individuals when hiring for existing budgeted vacant public contact positions.
6104.7 “Translation” is the replacement of a written text from one language into an equivalent written text in another language.
6104.8 To comply with written-translation obligations, DCHA shall take the following steps:
(a) DCHA shall provide written translations of vital documents for each eligible
LEP language group that constitutes three percent (3%) or five hundred (500) persons, whichever is less, of the population of persons eligible to be served or likely to be affected or encountered.
(b) Translation of other documents, if needed, can be provided orally.
6104.9 After completing the four-factor analysis in § 6104.4 and deciding what language assistance services are appropriate, DCHA shall determine whether it is necessary to develop a written implementation plan to address the identified needs of the LEP populations it serves.
6104.10 If DCHA determines that it is not necessary to develop a written implementation plan, the absence of a written plan does not obviate the underlying obligation to ensure meaningful access by Persons with LEP to DCHA's public housing program and services.
6104.11 [RESERVED]
6104.12 Any person or organization may file a public complaint alleging a violation of the Language Access Act. The D.C. Office of Human Rights addresses these complaints, which may regard both individual and systemic noncompliance. A Customer may file the complaint directly, but a person or organization with an interest in the Customer's welfare may also file a complaint on the Customer's behalf. Members shall in no way retaliate against complainants or their representatives, and shall provide these persons or organizations with the same level of service that other applicants receive.
6104.13 For the purpose of § 6104.12, "Customer" shall mean an individual who may attempt to benefit from or receive services that DCHA provides.
6104.14 For the purpose of § 6104.12, "Members" shall mean all agency employers, as well as volunteers, grantees, contractors, and affiliates providing direct-services to the public on behalf of DCHA.
6104.15 Should a customer wishing to file a language access complaint contact DCHA, members shall report the incident to the Language Access Coordinator, and provide the customer with the following resources:
(a) The Office of Human Rights Language Access Complaint Form;
(b) The URL for the online Office of Human Rights Language Access Complaint Form (http://ohr.dc.gov/webform/language-access-public-complaint-form); or
(c) The Office of Human Rights phone number (202-727-4559).
SOURCE: Final Rulemaking published at 33 DCR 7973, 7988 (December 26, 1986); as amended by Final Rulemaking published at 46 DCR 603 (January 22, 1999), incorporating by reference the text of Proposed Rulemaking published at 45 DCR 7913, 7914 (November 6, 1998); as amended by Notice of Final Rulemaking published at 50 DCR 5739 (July 18, 2003); as amended by Final Rulemaking published at 50 DCR 10347, 10351 (December 5, 2003); as amended by Final Rulemaking published at 64 DCR 12956 (December 22, 2017); as amended by Final Rulemaking published at 66 DCR 6831 (June 7, 2019); as amended by Final Rulemaking published at 73 DCR 007351 (May 15, 2026).