Mother and Son Sue NYCHA for Violations of NYC Human Rights Law and Language Access Policies

September 2, 2015, NEW YORK—Legal Services NYC (LSNYC) today filed a lawsuit against the New York City Housing Authority (NYCHA) on behalf of two tenants who speak little to no English, and for whom NYCHA refused to provide interpretation and translation services as required under federal and city law, as well as under NYCHA’s own policies.

Press coverage: DNAinfo

Ms. Ai Fang Lin, 60, and her son John Wang have been NYCHA tenants at Campos Plaza in Manhattan for twenty years. Management at Campos is aware that Ms. Lin does not speak or read English, and that Mr. Wang has only limited English proficiency. Despite knowing this, NYCHA has consistently failed to provide them with translated forms and notices, even though NYCHA itself considers such forms and notices “vital documents” which are legally required to be translated.

In 2014, Ms. Lin’s rent was mistakenly increased by more than $230/month, constituting a substantial burden for this low-income family. When Mr. Wang went to his NYCHA development office to correct the error, NYCHA employees brushed him off, refusing to provide him with language services. As a result, Mr. Wang and his mother could not communicate with the office that a simple mistake had been made, leaving them unable to pay rent. In February, again rather than simply providing them with language services to resolve the basic issue, NYCHA sued the family for non-payment.

Ms. Lin and Mr. Wang came to Legal Services NYC’s Manhattan office, where attorneys quickly determined that the rent increase was a NYCHA error. An LSNYC advocate provided Mr. Wang with a letter to NYCHA explaining that NYCHA was required by law to provide interpretation and translation services. Over the next several months, Mr. Wang attempted to communicate with NYCHA management at least ten more times. Each time, he found himself unable to communicate as agency employees continually refused to provide him with interpretation services.

Because of NYCHA’s unlawful refusal to provide language services to Mr. Wang and Ms. Lin, the tenants were unable to fix a simple mistake made by the agency’s own employees. Each interaction with NYCHA is rife with humiliation and frustration. Mr. Wang says that his mother feels intimidated by management when she tries to obtain services with her limited English abilities. “My mom is afraid to go there,” he said, “because this lady that works there always raises her voice at my mom when she talks.”

Legal Services NYC has long advocated on behalf of the rights of low-income New Yorkers with limited English proficiency (LEP) to receive interpretation and translation services, and works with community-based organizations to connect LEP individuals with legal assistance. One such organization, CAAAV Organizing Asian Communities, is a leader in organizing Bengali, Chinese, and Korean-speaking tenants in NYCHA developments. CAAAV has been conducting a survey of NYCHA tenants since 2014, and has found language access to be a common problem.

“We are calling for the implementation of efficient language services including interpretation, written materials and access to repairs,” said Shahana Hanif, an organizer at CAAAV. “We know that thousands of LEP residents are facing language access issues which have dire implications on their living conditions and housing security. CAAAV hopes to work with all relevant City agencies, including NYCHA, to advocate for the tens of thousands of LEP NYCHA residents, and hence are in support of any urgent, multi-pronged approach to improve LEP tenants’ language access needs.”

“Ms. Lin and Mr. Wang have been NYCHA tenants for decades,” said LSNYC Staff Attorney Cynthia Weaver. “They are steadfast in their determination not to be discriminated against because of their limited English proficiency. With this litigation, as well as CAAAV’s expertise in organizing other NYCHA tenants in similar circumstances, Ms. Lin and Mr. Wang now know they are not alone in this fight.”

###

Contact: Kate Whalen, 646-442-3654, kwhalen (at) legalservicesnyc.org