Can I require applicants and tenants to speak English?
The Fair Housing Act prohibits both intentional housing discrimination and housing practices that have an unjustified discriminatory effect because of race, national origin, color, sex, religion, disability, and familial status.
People with limited English proficiency are not a protected class under the Fair Housing Act. However, national origin, which is a protected class, has been closely linked to the ability to communicate proficiently in English.
A landlord’s policy or practice that contains language-related housing restrictions or that result in a language-based adverse action decision is a violation of the Fair Housing Act.
Landlords may be liable for claims of intentional discrimination if their rental practices include advertising that contains blanket statements of language-related restrictions, such as “all tenants must speak English” or turning away all applicants who are not fluent in English.
The U.S. Department of Housing and Urban Development (HUD) has published guidance that addresses how the Fair Housing Act would apply to claims of housing discrimination brought by people with Limited English Proficiency (LEP).
While the guidance notes that a person’s inability to read, write, or speak in English could be associated with a disability, in such circumstances, other statutory protections would apply, such as the landlord’s obligation to provide reasonable accommodations.
A landlord’s refusal to deal with persons having LEP may signal intentional discrimination. With general availability of language assistance services from a variety of resources including free or low-cost services, a landlord’s defense in refusing to deal with LEP persons based upon his concerns of the cost of needed services is without valid business justification. Courts have held that LEP persons may speak English well enough to conduct essential housing-related matters or may have a family member who can provide assistance as needed.
Landlords are therefore prohibited from using an applicant’s or a tenant’s limited English proficiency in a selective manner as basis for discriminatory actions or as an excuse or pretext for intentional housing discrimination.
Housing providers may consider less discriminatory alternative practices for matters involving people with LEP, such as allowing an applicant or tenant a reasonable amount of time to have a document, such as a lease agreement, translated; providing written or oral translation services, using multi-lingual skills of staff members; or having an applicant or tenant bring another person or family member along to interpret documents or facilitate communications. HUD guidance points out that English proficiency is likely unnecessary in the context of many landlord-tenant interactions where communications are not particularly complex or frequent communication is needed.