Section 47.04 - Role of the Department of Housing and Community DevelopmentThe 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; and9. 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; and8. In concert with the Department's Chief Counsel, provide instruction to Department program staff on civil rights compliance and procedures for tracking compliance.Amended by Mass Register Issue 1332, eff. 2/10/2017.Amended by Mass Register Issue 1338, eff. 2/10/2017.