Audit Report on the Compliance of the New York City Department of Consumer Affairs with Local Law 30 Regarding Access to City Services for Residents with Limited English Proficiency

Executive Summary

In 2017, the New York City Council enacted Local Law 30, effective July 1, 2017, which requires City agencies that provide direct public services or emergency services to have a language access plan that allows residents meaningful access to City services regardless of their proficiency in English.  These translation services must be provided in the top 10 designated Citywide languages, consisting of the top 6 limited English proficiency languages spoken by the population of New York City as determined by the Department of City Planning and the Mayor’s Office of Language Services Coordinator, based on U.S. census data, and the top 4 limited English proficiency languages spoken by the population served or likely to be served by the agencies of the City of New York, excluding the languages designated based on U.S. census data.

This audit focuses on whether Department of Consumer Affairs (DCA) complied with Local Law 30.   DCA is responsible for licensing and regulating more than 81,000 businesses in more than 50 industries.  DCA also provides mediation assistance to consumers and assists complainants in seeking restitution from offending entities.  DCA enforces various workplace laws, including those requiring employers to offer paid sick leave, by investigating complaints, and conducting preemptive investigations, and recovering restitution, such as compensation that was wrongfully withheld or denied.  Furthermore, DCA collects fines from businesses that violate the City laws and rules governing weights and measures requirements, consumer protection, licensing, and labor issues.  In addition, DCA contracts with several vendors throughout the five boroughs to provide free one-to-one financial counseling and coaching and, through NYC Free Tax Prep, tax filing services for eligible New Yorkers.

Audit Findings and Conclusions

We found that DCA generally complied with Local Law 30.  Our review of DCA’s Language Access Plans dated 2008 and 2018 found that DCA has made continuous progress to provide meaningful language access to the agency’s services for Limited English Proficient (LEP) customers.  Its Language Access Plans describe the steps that DCA has taken to provide its services to the LEP population.

Specifically, we found that DCA provides direct public services in 15 languages including the top 10 New York City LEP languages as required by Local Law 30.  Further, we found that through City-wide contracts with language vendors, (Language Line Services LLC and Geneva Worldwide, Inc.) DCA has the ability to provide documentation, translation and phone interpretation services in a minimum of 170 languages.  Through its contract with Accurate Communications, DCA can provide American Sign Language and in-person interpretation services in up to 250 languages.  Appendices I and II contain details of the specific items we tested and the results of our tests.  Appendix III illustrates DCA’s efforts to ensure Local Law 30 compliance.

Audit Recommendations

The audit recommends that DCA should continue to adhere to Local Law 30 to ensure that it adequately meets the language needs of the communities it serves.

Agency Response

In its response, DCA agreed with the audit’s findings and recommendations. DCA stated, “[w]e appreciate your office acknowledging our efforts to provide meaningful language access to the agency’s services for New Yorkers with limited English proficiency. DCA will continue to comply with Local Law 30 to effectively meet the needs of New Yorkers with limited English proficiency when accessing DCA’s services.”