(1) A Seasonal Community may expend funds designated for the creation and preservation of Artist Housing, subject to the following limitations:

1. (a) Artist Housing 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;

2. (b) Artist Housing that is otherwise eligible for the Subsidized Housing Inventory or is assisted by EOHLC shall comply with all of following:

   1. 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 may be amended from time to time; and
   2. 2. applicable state and federal subsidy program requirements.

(2) A Seasonal Community expending funds designated for the creation and preservation of Artist Housing under this section shall gather and maintain records including, but not limited to:

1. (a) A narrative describing the need for the creation and preservation of Artist Housing, supported by data collected by the Seasonal Community and any public input presented to the Seasonal Community as may be available;
2. (b) A narrative describing how the Artist Housing will be designed to support the pursuit of artistic or literary vocations; and
3. (c) A narrative describing how a household's qualification for Artist Housing will be fairly determined and applied to tenant selection for Artist Housing.

(3) A Seasonal Community expending funds for Artist Housing under this section shall provide written notice, in a form provided by EOHLC, to the EOHLC Office of Fair Housing within ten days of any of the following:

1. (a) receipt of notice of any Fair Housing Complaint against the Seasonal Community pertaining to Artist Housing and
2. (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 Artist Housing.