Counsel II

Job Type
Legal
Organization
Dept. of Housing and Community Development
Job Description

Official Title: Counsel II

Functional Title: Counsel II

Primary Location: United States-Massachusetts-Boston-100 Cambridge Street

Job: Legal Services

Agency: Department of Housing & Community Development

Schedule: Full-time

Shift: Day

Job Posting: May 21, 2020, 5:14:45 PM

Number of Openings: 1

Salary: $73,037.12 - $105,539.72 Yearly

Bargaining Unit: 06-NAGE - Professional Admin.

Confidential: No

The Department of Housing and Community Development (DHCD) is seeking a Counsel II to provide legal services and support to the Housing Appeals Committee (HAC), in the conduct of hearings and researching and preparing draft decisions and legal memoranda for and in cooperation with the Chair of the HAC.  The incumbent provides legal services and support to DHCD staff, with a focus on real estate development and affordable housing finance programs administered by DHCD.

The ideal candidate possesses exceptional analytical and communication skills, takes initiative, and has demonstrated ability managing and prioritizing multiple assignments and meeting tight deadlines.  The incumbent has excellent writing, legal research, and advocacy skills, with good judgment in making decisions and offering advice.  The ideal candidate has thorough knowledge of M.G.L. c. 40B and related regulations and case law; and M.G.L. c. 30A, and administrative procedures relating to adjudicatory hearings, deliberations and regulations, as well as real estate development and affordable housing finance programs. Lastly, the incumbent has demonstrated proficiency using Microsoft (MS) Word and Excel.

DUTIES AND RESPONSIBILITIES (these duties are a general summary and not all inclusive):

  1. Performs legal research and drafts memoranda, decisions, orders, rulings, regulations, guidelines, reports, correspondence, and other written materials for the Housing Appeals Committee.
  2. Drafts detailed written rulings and decisions identifying the pertinent facts and applying the law to the facts.
  3. Provides appropriate advice to counsel and litigants appearing before the Housing Appeals Committee.
  4. May conduct adjudicatory hearings pursuant to M.G.L. c. 40B and c. 30A.
  5. Provides written and oral legal advice to DHCD staff, the Housing Appeals Committee, and recipients of DHCD assistance relative to compliance with applicable federal, state, and local laws, regulations and guidelines and DHCD policy.
  6. Acts as liaison to the Office of the Attorney General in Housing Appeals Committee cases, preparing documents as necessary.
  7. As necessary, assists the Housing Appeals Committee Docket Clerk with various miscellaneous administrative tasks, such as scheduling, maintenance of dockets and files, preparation of Record on Appeal for the Office of the Attorney General.
  8. Provides written and oral legal advice concerning federal, state and local law, regulations, guidelines and DHCD policy to DHCD staff, with a focus on analysis and interpretation of statutes, regulations and administrative guidance relating to housing development, land use, and affordable housing.
  9. Drafts, reviews and/or negotiates contracts, grant agreements, regulatory agreements, deed riders and a variety of other legal, administrative and transactional documents relative to real estate development and affordable housing finance programs administered by DHCD to ensure compliance with applicable federal, state, and local laws, regulations and guidelines and DHCD policy.
  10. Drafts and/or reviews rules, regulations, guidelines, legal opinions and legislation regarding programs administered by DHCD.
  11. Participates in inter-agency working groups.
  12. Assists the Attorney General in litigation wherein DHCD is named as a party, including the preparation of affidavits, briefs, and related Court papers and research of relevant issues.
  13. Works with outside counsel who are providing legal services to DHCD in transactions or litigation.
  14. Reviews statewide and national developments in affordable housing law.
  15. As necessary, responds to requests for information and public records.
  16. Other duties as required.

PREFERRED QUALIFICATIONS:

  1. Strong academic credentials.
  2. Good judgment in making decisions and offering advice.
  3. Ability to read and comprehend statutes and regulations.
  4. Ability to research applicable law, and to draft or orally to state understandable, succinct and accurate applications of law to everyday factual situations.
  5. Excellent oral and written communication skills.
  6. Experience that evidences excellent analytical skills and pro-active problem-solving skills.
  7. Strong computer knowledge and skills including, at a minimum, Microsoft Word and Excel.
  8. Experience that evidences ability to independently determine specific tasks needed to accomplish an assignment; to prioritize work; to complete assignments in a timely and satisfactory manner; and to carry out multiple assignments simultaneously.
  9. Knowledge of judicial ethics, excellent independent judgment, interpersonal skills and personal integrity.
  10. Thorough knowledge of M.G.L. c. 40B and related regulations and case law.
  11. Thorough knowledge of M.G.L. c. 30A, and administrative procedures relating to adjudicatory hearings, deliberations and regulations.
  12. Knowledge of zoning, environmental, and land use law, as well as the law of evidence.
  13. Thorough knowledge of real estate development and affordable housing finance programs.
  14. Knowledge of mediation and conflict resolution procedures.
  15. Ability to maintain accurate and thorough records and files.
  16. Ability to exercise discretion in handling confidential material.
  17. Experience that evidences willingness to exercise initiative and to respond rapidly and responsibly to unanticipated events, issues and/or inquiries.
  18. Ability to serve as a hearing officer.
  19. At least 10 years’ experience in the practice of law, a significant portion of which is related to real estate development, affordable housing finance programs, adjudicatory hearings, and M.G.L. c. 40B.
  20. Occasional evening or weekend work may be required as part of the regular duties of this position.

MISSION STATEMENT:

The Department of Housing and Community Development (DHCD) is within the Housing and Economic Development Secretariat and its work touches the lives of all Massachusetts residents.  DHCD's mission is to strengthen cities, towns and neighborhoods to enhance the quality of life of Massachusetts residents by providing leadership, professional assistance and financial resources to promote safe, decent, affordable housing opportunities, economic vitality of communities and sound municipal management.

COMMENTS:

Please attach a resume, cover letter and writing sample with your application.

Salary placement is determined by years of experience and education directly related to the position and the Human Resources Division’s Recruiting Guidelines.

Education, licensure and certifications will be verified in accordance with the Human Resources Division’s Hiring Guidelines. Education and license/certification information provided by the selected candidate(s) is subject to the Massachusetts Public Records Law and may be published on the Commonwealth’s website.

QUALIFICATIONS

First consideration will be given to those applicants that apply within the first 14 days by 06/04/20).

MINIMUM ENTRANCE REQUIREMENTS:  Applicants must have a Juris Doctor (JD) degree, admission to the Massachusetts Bar and (A) at least three years of full-time, or equivalent part-time, professional experience in the practice of law.

Incumbents may be required to have a current and valid Motor Vehicle Drivers License at a Class level specific to assignment.

If you have Diversity, Affirmative Action or Equal Employment Opportunity questions or need a Reasonable Accommodation, please contact Diversity Officer / ADA Coordinator: Nancy DePaul - 617-573-1100

An Equal Opportunity / Affirmative Action Employer.  Females, minorities, veterans, and persons with disabilities are strongly encouraged to apply.