Tightening up my Interpreter Policy, and my Interpreter Affidavit of Translation. Any suggestions:

Policy:

1) The applicant / tenant brings their own interpreter to go over the rental agreement with us.

2) The applicant / tenant own interpreter must fluently speak and read English, as well as the language used in the negotiation.

3) The interpreter must have a valid government id card.

4) The interpreter must not be a minor (under 18 years of age).

5) We do not hire, procure or provide the interpreter.

Interpreter Affidavit of Translation:

1) I, _Name___, am fluent in both written and verbal English and in both written and verbal __Language___.

2) I hereby certify that I have truly, accurately, completely, and verbally translated the attached document(s) which are in English to __Language____.

Description of document(s): (title, document date, number of pages):

___________________ __________________

(Signature of Translator/Verifier) (Print Name)

______ - Scan of translator/verifier government id.

1 – Translator/Verifier

1 – Tenant

1 – copy to file

I've only had this come up once with some inherited tenants, 4 guys, none of whom spoke English at all but would have one of their girlfriends handy to interpret. Then they broke up. Luckily it was when they were moving out.

So.... that covers the rental agreement. What happens when you need to communicate with the person(s) who can't speak or write English during the next 12 months?

My partners husband speaks 17 languages, certified by the UN. Unfortunately in Los Angeles, if you negotiate a tenancy in a different language, you must provide all documents also in that language.

So LA allows for minor children to translate so long as the family fills out a form.

One time we rented a 3 bedroom to a Spanish Speaking family, also a 2 unit to a couple speaking only Hebrew and another unit to a guy from Europe. They all had to get their own translators and fill out the official form.

Around a month later I received work they needed my contracting skills to make modification to the unit. While my partner speaks 17 languages, I can converse in a hand full myself and began to speak to my tenants to understand their needs. I was reported as discriminating by not speaking their language during tenancy negotiations.

At a General Managers meeting, I had to remind him that I was only following the "LAW" passed by the City Counsel.

Partners husband presented his UN translator badge and said when he was allowed, he would help us communicate with immigrants--but no more due to a policy change.

Vee. Thank you.

S i d. What happens when you need to communicate with the person(s) who can't speak or write English during the next 12 months? I'm really looking for a written policy/procedure that I can refer to that will slow down the initial process as needed.

Boxcar, are you trying to find ways not to rent to this person? If yes, be careful. Although "language" isn't protected by Federal Fair Housing per se, there's a concept called "disparate impact" that may apply.

An example is height isn't a protected class, but if a LL refuses to rent to someone shorter than 5 foot 4 inches, the courts have ruled that since most people shorter than 5 ft 4 in are women, then by default that creates a disparate impact on women, and sex is protected by FFHA.

My concern would focus solely on the ability to abide by a lease successfully. If the applicant cannot prove to your satisfaction that they can handle the ongoing communication that is required for a successful tenancy, then you'd be okay to deny because people have to be able to communicate to understand things like lease violation notices, inspection notices, maintenance appointments, etc. I'm no expert in the law, but my guess is the person would have to guarantee to provide an interpreter through ALL the lease period, not only the application process.

What happens when you need to communicate with the person(s) who can't speak or write English during the next 12 months? Text and email. They use Google Translate or some other translation program to read what you sent and to reply to you in English.

I don't make it harder than it needs to be. I speak English, I need answers in English. It is up to the applicant to meet that requirement and I don't care how, no written policy needed.

I have all levels of English speakers as tenants. The ones that don't speak English have someone translate for me, usually a spouse, friend, or co-worker. That translation is on them. All of my routine communications with them is through text so many use software translation. Again I don't care how they do it. If they send Spanish I simply respond "No comprende Espanol, English only". I will get English a few minutes later.

There is no State policy that I am aware of that leads me to have a policy that dictates English only. All the JP's and other lower courts here in my area do business in English only. I have seen a Judge ask a Spanish only speaker questions in an eviction and when he didn't get answers in English he simply ruled for the plaintiff. I have also seen defendants kids do the translation for their parents in court and the judge simply asks if the words spoken by the kid were those of the parent and require the parent to confirm by saying "yes" in English so even the lower courts do not require a certified interpreter. I do have to say I'm in the Panhandle which is right leaning, it may be different down state in metro's where it is left leaning.