Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 47.00 - Non-discrimination, Equal Opportunity, and Affirmative Furtherance of Fair Housing Regulations Governing Recipients of Department of Housing and Community Development Financial Assistance › Section 47.04 - Role of the Department of Housing and Community Development

Current through Register 1525, July 5, 2024
The Department is the Commonwealth's lead housing and community
				development agency. In this capacity, it is charged with addressing the management,
				housing, and community development needs of the Commonwealth's 351 cities and towns.
				The Department is also charged with coordinating the Commonwealth's overall
				long-term housing and community development strategy.
(1) In deciding whether to award Financial
			 Assistance to an Applicant, the Undersecretary shall consider whether the Applicant
			 is in compliance with applicable civil rights obligations in the areas of housing,
			 employment, public accommodation, and Supplier Diversity Business Enterprise
			 utilization as applicable. To facilitate the Undersecretary's review of the
			 Applicant's civil rights record, the Undersecretary shall implement the following
			 procedures:
(a) Seek information from the
			 Commission and the Office of the Attorney General regarding civil rights compliance
			 of Applicants for Financial Assistance and conduct related searches of judicial
			 decisions regarding discrimination claims against Applicant.
(b) Inform Applicants of the requirements of
			 760 CMR 47.00.
(c) Other factors that the Department may consider
			 in deciding whether to award Financial Assistance to an Applicant include, but are
			 not limited to, the following:
1. Efforts in
			 Affirmatively Furthering Fair Housing by the Applicant generally, and as proposed
			 for a project or activity for which the Applicants seeks funding;
2. Efforts to overcome barriers to multi-family
			 and affordable housing growth, such as exclusionary zoning and land use and
			 permitting denials;
3. Efforts to
			 provide a diversity of housing types;
4.
			 Availability of, and efforts to provide, subsidized housing for a range of income
			 levels and family types and sizes consistent with regional need;
5. Efforts to provide housing that increases
			 access and community integration for persons with disabilities;
6. Application for, and use of, funds to improve
			 access to opportunity and community assets in furtherance of diversity and fair
			 housing goals;
7. Progress in planning
			 for and achieving greater accessibility in housing and in the community;
8. Civic engagement and affirmative outreach in
			 providing affordable housing and civil rights related education and resources;
			 and
9. Other criteria the Department
			 determines to be consistent with affirmative furtherance of fair housing and equal
			 opportunity goals.
(d) Upon
			 information from the Commission, the Office of the Attorney General, or other
			 relevant enforcement authority showing that an Applicant is in apparent violation of
			 its civil rights obligations, the Department may direct the Applicant to make a
			 sincere and concerted effort to reach agreement with the Commission, Office of the
			 Attorney General, or other relevant enforcement authority, or to take other action
			 to the extent necessary to bring the Applicant into compliance.
(e) The Department may conditionally award funds
			 to an Applicant that is in apparent violation of its civil rights obligations in
			 accordance with 760 CMR 47.04(1) where the Undersecretary determines, including
			 after consultation with the Commission, the Office of the Attorney General, or other
			 relevant enforcement agency, that the imposition of certain conditions on such award
			 will further the Applicant's ability and willingness to comply with applicable civil
			 rights requirements. If an Applicant fails to comply with these conditions during
			 the period of such award, the Department may conclude that such failure warrants a
			 determination that the Applicant is in non-compliance.
(f) The Department will not award funds to an
			 Applicant that is finally determined to be in violation of its civil rights
			 obligations after a formal finding by the Commission or other relevant enforcement
			 authority unless the Undersecretary finds that the proposal or project is necessary
			 for the protection of the public health, safety or welfare and the Applicant has
			 made a sincere and concerted effort to reach agreement with the Commission or other
			 relevant enforcement authority.
(g) The
			 Undersecretary shall appoint a Diversity Officer who shall have, among other things,
			 the following authority and responsibilities:
1.
			 Establish reporting requirements for all successful Applicants relative to their
			 compliance with the obligations under
			 760 CMR 47.00;
2. Gather information, and report such information
			 regularly to the Undersecretary, relative to successful Applicants' compliance with
			 the obligations under
			 760 CMR 47.00;
3. Track and advise the Undersecretary relative to
			 program compliance with the equal opportunity obligations of Executive Order
			 526;
4. Recommend approval or
			 disapproval of all Department appointments and Department funded construction
			 contracts;
5. Supervise monitoring and
			 enforcement of the Department's affirmative action plan as described in
			 760 CMR
			 47.05;
6. Inform and otherwise assist Department program
			 managers regarding the substance of any civil rights comments provided by the
			 Commission or the Office of the Attorney General, as well as of any compliance
			 conditions imposed by the Department on the award of Financial Assistance.
7. In concert with the Department's Chief Counsel,
			 inform Department program managers of any changes in applicable civil rights laws
			 and policies; and
8. In concert with the
			 Department's Chief Counsel, provide instruction to Department program staff on civil
			 rights compliance and procedures for tracking compliance.