| (h) A copy of all Reasonable Accommodation requests
and the Administrator's compliant responses to such requests, in accordance
with §1.204 of this title (relating to Reasonable Accommodations),
must be kept as stated in §1.409 of this title (relating to Records
Retention).
(i) Provisions Related to Limited English Proficiency.
(1) Administrator must have a Language Access Plan
that ensures persons with Limited English Proficiency (LEP) have meaningful
access and an equal opportunity to participate in services, activities,
programs, and other benefits.
(2) Materials that are critical for ensuring meaningful
access to an Administrator's major activities and programs, including
but not limited to Applications, mortgage loan Applications, consent
forms and notices of rights, should be translated for any population
considered least likely to apply that meets the threshold requirements
of Safe Harbor LEP provisions as provided by HUD and published on
the Department's website. Materials considered critical for ensuring
meaningful access should be outlined in the Administrator's Language
Access Plan.
(3) The Administrator is required to translate Vital
Documents under Safe Harbor guidelines, they must include in their
Language Access Plan how such translation services will be provided
(e.g., whether the Administrator will use voluntary or contracted
qualified translation services, telephonic services, or will identify
bilingual staff that will be available to assist Applicants in completing
vital documents and/or accessing vital services). If the Administrator
plans to use bilingual staff in its translation services, contact
information for bilingual staff members must be provided.
(4) The Language Access Plan must be submitted to the
Department upon request and be available for review during monitoring
visits. HUD and the Department of Justice have issued requirements
to ensure meaningful and appropriate access to programs for LEP individuals.
(5) Administrators must offer reasonable accommodations
information and Fair Housing rights information in both English and
Spanish, and other languages as required by the inclusion of "least
likely to apply" groups to reach populations identified as least likely
to apply.
(j) The Waitlist Policy and AFHMP, any documentation
supporting the plans, and any changes made to the plans, must be kept
in accordance with recordkeeping requirements for the specific Program,
and in accordance with 10 TAC §1.409 (relating to Record Retention).
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