Responsibility of the Applicant

(1) It is the responsibility of each Applicant for Financial Assistance from the Department to ensure that in the administration of its policies, programs, and projects, it is in compliance with 760 CMR 47.00 and all applicable civil rights laws, and is pursuing all reasonable measures designed to foster equal opportunity and participation in such policies and programs. To the extent that the Applicant identifies policies and programs which may have had and/or may continue to have a discriminatory impact on individuals, businesses, or organizations relative to housing, employment or Supplier Diversity Business Enterprise utilization, the Applicant must take appropriate affirmative measures to remedy the effects of such discrimination. The obligations of the Applicant apply not only to an initial determination of eligibility for Financial Assistance but also to the administration of any such assistance. (2) Relative to an application for Financial Assistance for a residential project, it is the responsibility of each Applicant to do the following: (a) If developing, operating, or managing housing: 1. Submit an affirmative fair housing marketing and resident selection plan to the Department consistent with applicable Department regulations, guidelines, or directives. No Financial Assistance shall be provided by the Department to such an Applicant until such plan is approved in writing by the Department, as applicable; 2. List the availability of units in the development with any Clearinghouse in accordance with applicable guidelines or directives issued by the Department; and 3. Report data requested by the Department pursuant to 760 CMR 61.00: Data Collection for Government Assisted Housing in Massachusetts. (b) Adopt other measures to affirmatively further fair housing opportunities, such as the Applicant's participation in a region-wide strategy or plan. The requirements of 760 CMR 47.08(2)(b) shall not apply to any application for Financial Assistance for housing to be constructed or renovated pursuant to the Department's Chapter 689 (Special Needs) Program.