Housing Preference for Seasonal Community Essential Public Employees

(1) A Dwelling Unit Acquired or Developed by a Seasonal Community may include a preference for Seasonal Community Essential Public Employees, subject to the following limitations: (a) A Seasonal Community Essential Public Employee preference for a Dwelling Unit shall not violate state and federal fair housing laws, which include but are not limited to, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), Title VI of the Civil Rights Act (42 U.S.C. 2000d et seq.), and M.G.L. c. 151B, as amended, including through discriminatory effects on classes of persons protected under such state or federal fair housing laws; and (b) A Seasonal Community Essential Public Employee preference for a Dwelling Unit that is otherwise eligible for the Subsidized Housing Inventory or is assisted by EOHLC shall comply with all of the following: 1. EOHLC Affirmative Fair Housing Marketing and Resident Selection Plan Guidelines or other related EOHLC guidance or directives pertaining to affirmative fair housing marketing and resident selection, as may be required by EOHLC, and as maybe amended from time to time; and 2. Applicable state and federal subsidy program requirements. (2) A preference for Seasonal CommunityEssential Public Employees under 760 CMR 76.06(1) may be cited as a state program or policy supporting housing for a specified group for the purposes of the general public use requirement under § 42(g)(9) of the Internal Revenue Code so long as the preference otherwise complies with applicable law and the Seasonal Community has complied with the requirements under 760 CMR 76.06(3). (3) A Seasonal Community implementing a Housing Preference for Seasonal Community Essential Public Employees under this section shall gather and maintain records including: (a) A narrative describing the need for the preference, supported by data collected by the Seasonal Community and any public input presented to the Seasonal Community as may be available. (b) A narrative describing how the Seasonal Community determined the employment types that are necessary to the public health and public safety of maintaining a year-round community in the Seasonal Community. (c) A narrative describing how the preference will be applied to tenant selection for a Dwelling Units subject to such preference. (d) The number of Dwelling Units within the Seasonal Community that the preference applies to. For each Dwelling Unit where the preference applies, the Seasonal Community shall gather and maintain the following: 1. The date that such preference was applied to the unit; 2. Whether the unit is an Attainable Housing Unit and the income requirements for occupancy; 3. Whether the unit is a rental unit or owner-occupied; and 4. The number of bedrooms in the unit. (e) To the extent feasible, a summary of demographic information of applicant and resident households of Dwelling Units subject to the preference, in a form as may be designated by the Secretary. (4) A Seasonal Community implementing a Housing Preference for Seasonal Community Essential Public Employees under 760 CMR 76.06 shall make available all records gathered and maintained pursuant to 760 CMR 76.06(3) upon reasonable request by EOHLC, in a form that may be designated by the Secretary. (5) A Seasonal Community implementing a Housing Preference for Seasonal Community Essential Public Employees under 760 CMR 76.06 shall provide written notice to the EOHLC Office of Fair Housing within ten days of any of the following: (a) receipt of notice of any Fair Housing Complaint against the Seasonal Community pertaining to such preference; and (b) receipt of any information that demonstrates, or may demonstrate upon reasonable investigation, the existence of a Fair Housing Complaint against an owner, manager or agent thereof of a Dwelling Unit subject to such preference.