Letter Report on the New York City Office of Administrative Trials and Hearings’ Compliance with Local Law 25 Regarding Translation of Agency Website

The audit determined whether the Office of Administrative Trials and Hearings (“OATH”) is complying with Local Law 25, which is intended to make City agencies, and ultimately the City as a whole, more accessible to foreign-born residents whose primary language is not English.  This audit of OATH is one in a series of audits we are conducting of the City’s compliance with Local Law 25.

New York is home to one of the most diverse populations in the world, with more than four million foreign-born residents from more than 200 different countries.  More than 75 percent of all New Yorkers speak a language other than English at home, and almost 46 percent, or 1.8 million people, are limited in English proficiency.  For New Yorkers with limited English proficiency, interacting with City government and receiving access to City services can be a challenge.

Most City agencies have a significant presence on the internet and rely on agency websites to both provide information and to interact with the public.  Accordingly, in 2016, Mayor de Blasio signed Local Law 25, amending the City’s Administrative Code in relation to citizens’ ability to access translation of City websites.  Local Law 25 requires that every website maintained by or on behalf of a City agency include a translation service enabling users to view the text of that website, wherever practicable, in languages other than English.  It also requires that the translation service be identifiable in a manner that is comprehensible to speakers of the seven most commonly spoken languages in the city.  As determined by the Department of City Planning, the seven most commonly spoken languages in New York City amongst residents with limited English proficiency are:

1. Spanish
2. Chinese (includes Cantonese, Mandarin, and Formosan)
3. Russian
4. Bengali
5. French Créole (also called Haitian Créole)
6. Korean
7. Arabic

Results

The audit found that OATH generally complied with Local Law 25.  OATH’s website, found at http://www.nyc.gov/html/oath/html/home/home.shtml, fully translated into each of the seven most commonly spoken languages within the City.  In addition, the essential documents attached to OATH’s website can be downloaded in the translated versions.   We reviewed and successfully translated the following forms/brochures into all seven noted languages as well as into an eighth language, Urdu:

Forms:

1. Request to Reschedule an Upcoming Hearing by Mail
2. General Request for the Audio Recording of an OATH Hearing
3. Request a New Hearing after a Default by Mail
4. File Your Appeal by Mail
5. Request for Extensions and Hearing Recordings by Mail
6. File Your Response to an Appeal by Mail
7. Respond to OATH’s Request for Information on Standing – Online
8. Representative Authorization
9. Request to Reschedule an Upcoming Hearing Online
10. One-Click (online) Hearing
11. Request a New Hearing after a Default Online
12. Respond to Adjournment Order from OATH Remote Hearings Unit – Online

Brochures:

13. What is the OATH Hearings Division?
14. Should I Appeal?
15. Defaulted Cases: What You Should Know

Forms that are usually filled out by a lawyer or other type of representatives (e.g., interpreter, union representative) on behalf of persons with limited English proficiency may not be available for translation online.  Generally those forms relate to the appeal process.

OATH’s website provides a message at the top portion of its forms page, underneath the headline “Translation Services,” stating: “If you feel more comfortable writing your responses on these forms in a language other than English, please do so.  Your responses can be written on these forms in the language of your choice.  The OATH Hearings Division will have all applications and forms translated into English, free of charge.”

The audit recommends that OATH continue to maintain its compliance with Local Law 25 to ensure it effectively meets the needs of residents with limited English proficiency when accessing City services online.

In its response, OATH agreed with the report’s findings and stated, “OATH has reviewed the report and the Findings and Recommendations and thanks the Office of the Comptroller for its finding that OATH effectively meets the needs of residents with limited English proficiency when accessing City services online.  OATH will maintain its compliance with Local Law 25 to ensure that the residents with limited English proficiency can effectively navigate the Administrative Law Court of the City of New York.”