Q. “Over the last decade or so, the demographics in our building have shifted, and currently, about 40% of the residents are native Mandarin speakers — some speak Mandarin only. Our recently elected board president is one such resident, and while the board does make sure that building-wide notices and other communications are provided in both English and Mandarin, I’m concerned that the new president’s limited English fluency will present problems when it comes to navigating legal and municipal issues. 

Is this a common issue, and how can I address it? Can bylaws stipulate that a board president must be fluent in a given language? To be clear, I have no issue with the board or president personally, but at meetings, the Mandarin-speaking shareholders and board members often carry on discussions in Mandarin, to the frustration of the English speakers (and, one would presume, vice versa). How can this challenge be best handled, and everyone fairly included? Should the co-op corporation cover the cost of translation and interpretation during meetings?”

                            —Lost in Translation

A. According to Leitman Bailey, in New York, the New York Codes, Rules and Regulations (NYCRR) dictate that the Executive Law bans any landlord, including a cooperative corporation, from discrimination against a person’s nationality. “Language discrimination is also often considered a type of national origin discrimination, which is prohibited under the law such as Title VII of the Civil Rights Act of 1964.

“That being said, English speaking persons also have the right to understand what is said at meetings, and also should not be discriminated against. In the case of the letter writer’s building, all notices at all meetings must be posted in English and Mandarin, and all motions made should be spoken first in one language and then translated in the other language. If no one at the meeting speaks both Mandarin and English fluently to translate properly, and if online translation services or apps are not adequate, then an outside company should be hired to provide a translator at each meeting. No board member should be burdened or shamed without the same opportunity to understand what occurs at a meeting. 

 “It should be noted that our law firm speaks more than one language, and we represent more than one co-op where the attorney who attends meetings speaks both Russian and English fluently, to name one example. That attorney makes sure that all board members can understand what is being said at all times. This provides parity and fairness to the entire board, usually enabling better decisions to be reached and costly lawsuits avoided.”