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
Universal Citation: 760 MA Code of Regs 760.47
Current through Register 1531, September 27, 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.
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