Free Interpreter at an OATH Hearing: How to Get One

Yes, you can have your TLC hearing in your own language, for free. OATH's rules give everyone whose main language isn't English the right to language help, including an interpreter at the hearing (48 RCNY §6-03). OATH says it provides free interpretation at all hearings, whatever the hearing method. That covers phone, in person, and written defenses (OATH Language Access Implementation Plan, 2024).

You don't need to bring your own interpreter, and you don't need to pay one. You only need to ask, and the earlier you ask, the smoother your hearing will be.

Your rights, from OATH's own rules

• The hearing officer must tell you. At the start of the hearing, the hearing officer must tell you that language help is available (48 RCNY §6-11).
• A professional where available. When an interpreter is needed, a professional interpreter is provided where available (§6-11).
• Decisions are on the record. Any decision about an interpreter, including a denial, is made on the record. So is any decision about using your own interpreter (§6-11). That matters if you later appeal.
• No family interpreters. OATH's plan says hearing officers don't allow family members or OATH staff to interpret. OATH uses a professional third-party service to keep the interpretation accurate and impartial (OATH LAIP 2024).

The no-family rule protects you. A relative may soften or "fix" what you say, or may not know legal words. A professional interpreter repeats exactly what you say, and exactly what the hearing officer and TLC say.

How to ask, by hearing method

Sources: OATH LAIP 2024, OATH Hearings FAQ, OATH hearing by mail.

A few details from OATH's 2024 plan that are useful to know:

• Phone interpreters cover up to 250 languages. In a phone or in-person hearing, the interpreter usually joins by speakerphone so the hearing officer and both sides can hear.
• In-person interpreters are limited. OATH says in-person simultaneous interpretation is available in the top five languages with advance request. If you want someone in the room, ask early when you request your in-person hearing.
• Clerks use phone interpreters too. OATH's clerks use a phone interpretation service to talk with callers and visitors in over 250 languages. That includes when you ask for a phone-hearing PIN, a new date, or your case status.

Practical tips for a hearing with an interpreter

If you understand some English, it can be tempting to answer directly and skip the interpreter. Be careful. If a question is important (about times, what you said, or what you agreed to), it is safer to hear it in your own language. You can use the interpreter for the whole hearing even if you speak some English.

Help in your language before the hearing

You don't have to wait for the hearing to get language help. OATH says:

• Help Center sessions for people representing themselves can be held in up to 250 languages, using its phone interpretation service. Sessions must take place before your hearing day (OATH LAIP 2024, OATH Help Center).
• OATH's automated phone line, 844-OATH-NYC (844-628-4692), gives full recorded information in 4 languages, with menu options in 8. With your summons number, it can usually tell you your case status and any amount owed (OATH LAIP 2024).

What about your witness?

Your witness may also be more comfortable in another language. OATH's plan quotes the City's code of conduct for hearing officers. It tells them to take steps so that a party without a lawyer can be fully heard, "including being attentive to language barriers that may affect parties or witnesses" (OATH LAIP 2024). Tell the hearing officer at the start that your witness needs an interpreter, and in which language, so there's no delay when they're called. See witnesses at an OATH hearing.

Writing in your language

For a written defense, you can write in the language you think in. OATH says it accepts written defenses in other languages. It has them translated by a professional vendor, free of charge, before they go to a hearing officer (OATH LAIP 2024). The mail-hearing page says the same (OATH). The same applies to appeals and forms. You can submit them in any language, even if OATH doesn't publish that form in your language.

OATH also publishes its brochure "Responding to a Summons at OATH" in many languages. These include Spanish, Arabic, Bengali, Chinese, French, Haitian Creole, Korean, Polish, Russian, Urdu, Punjabi, Tibetan, Wolof, Turkish and Fulani (OATH).

Understanding the decision

OATH mails decisions in English, and the English version is the official one. OATH's plan says each decision comes with a flyer explaining how to ask for a copy in your language. That flyer is translated into the 10 languages most used at OATH's Hearings Division (OATH LAIP 2024). Ask for the translation quickly. Deadlines to pay or appeal run from the decision date, not from when you understand it.

TLC's own interpreters

TLC says interpreters are offered by both TLC and OATH, and that you can visit TLC's office in Long Island City and ask for your language (TLC). That's useful when you talk to TLC about a settlement offer before the hearing.

If something goes wrong

If you asked for an interpreter and didn't get one, or the interpretation was poor, say so during the hearing so it's on the record. If it affected the outcome, discuss an appeal with a lawyer. To raise a language-access concern with OATH, use OATH's "contact the Commissioner" form and choose "Language Access Inquiry/Complaint" (OATH Language Access Plan).

This page is general information, not legal advice.