Saturday, August 27, 2016

Facing Impending Eviction, Non-English Speaking Couple Dodge Boot, Score Fair Housing Complaint Settlement After Non-Profit Lawyers Intercede; Housing Authority Landlord Allegedly Violated State Law By Failing To Provide Tenants An Interpreter At Eviction Hearings

In Honolulu, Hawaii, Honolulu Civil Beat reports:
  • The Hawaii Public Housing Authority is revamping its policies for providing translation and interpretation services for thousands of residents after settling a discrimination case brought by an immigrant couple.

    Valantin Sirom and Sasinta Seremea filed a complaint at the [Hawaii] Civil Rights Commission last summer when they were evicted from public housing after two hearings in which the Housing Authority did not provide an interpreter.

    The Legal Aid Society of Hawaii,(1) which represented the couple, contended the Housing Authority discriminated against them based on their national origin by not providing a free interpreter or translating important documents, including a notice that they had the right to an interpreter.

    A Housing Authority board voted to evict Sirom and Seremea last summer, but dismissed their eviction last September after the Legal Aid Society interceded.

    It’s been 10 years since Hawaii established a law saying that most residents who speak limited English are entitled to free interpreters at government agencies, and translation of vital documents like eviction notices.

    But despite the state law, as well as a similar federal requirement under Title VI of the Civil Rights Act, state and county agencies have struggled to comply: [...].
    ***
    In this case, the Hawaii Public Housing Authority failed to let Sirom and Seremea know that they were legally entitled to a free interpreter at two hearings regarding their eviction last year, the Legal Aid Society claimed.

    The state language access law doesn’t include any penalties for violations or any way for individuals to sue if the law is violated. That’s why Legal Aid attorney Reyna Ramolete filed a fair housing complaint alleging Sirom and Seremea were discriminated against due to their national origin.

    The Housing Authority said in an email that the agency did not admit liability in settling the case, and noted that it sometimes settles cases to save taxpayer money.

    As part of the settlement, the agency must pay Sirom and Seremea $2,000. It also must adopt a language access plan that includes staff training and new procedures for communicating with people of limited English proficiency.

    For example, eviction notices must now be accompanied by a form that’s translated into commonly spoken languages explaining the option to have a free interpreter.

    The new policies apply to more than 13,000 public housing residents who reside in more than 6,100 units.

    “The settlement should serve as a reminder that state and federal fair housing laws prohibit discrimination on the basis of national origin or ancestry and that both Legal Aid and HPHA can play important roles in protecting against discrimination,” said William Hoshijo, executive director of the state Civil Rights Commission.
For more, see When Not Speaking Fluent English Can Get You Evicted (After a family was almost kicked out, the Hawaii Public Housing Authority agrees to adopt new translation and interpreter procedures).
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(1)The Legal Aid Society of Hawaii is a non-profit, public interest law firm with offices statewide, and provides civil legal aid to low-income residents of the state.