[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5361 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5361
To require the Secretary of Housing and Urban Development to establish
a national evictions database, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 24, 2021
Ms. DeLauro (for herself, Mr. Auchincloss, Ms. Bonamici, Mr. Lowenthal,
Mr. Pocan, Ms. McCollum, Ms. Norton, Mr. McGovern, Mr. Garcia of
Illinois, Mr. San Nicolas, Mr. Evans, Ms. Garcia of Texas, Mr. Cooper,
Ms. Ross, Mr. Blumenauer, Ms. Jayapal, Ms. Titus, Mr. Green of Texas,
and Ms. Schakowsky) introduced the following bill; which was referred
to the Committee on Financial Services
_______________________________________________________________________
A BILL
To require the Secretary of Housing and Urban Development to establish
a national evictions database, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``We Need Eviction Data Now Act of
2021''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrative eviction.--The term ``administrative
eviction'' means a ruling in favor of the landlord in an
administrative forum within a public housing agency, such as
grievance procedures, to recover possession of residential
property from a tenant, including a tenant residing in a public
housing dwelling unit or receiving tenant-based assistance or
project-based assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f).
(2) Court-ordered eviction.--The term ``court-ordered
eviction'' means a court ruling in favor of the landlord in a
legal action to recover possession of residential property from
a tenant, including a tenant residing in a public housing
dwelling unit or receiving tenant-based assistance or project-
based assistance under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f).
(3) Department.--The term ``Department'' means the
Department of Housing and Urban Development.
(4) Executed eviction.--The term ``executed eviction''
means a court order carried out by a sheriff's office or other
law enforcement agency that resulted in the landlord recovering
possession of residential property from a tenant, including a
tenant residing in a public housing dwelling unit or receiving
tenant-based assistance or project-based assistance under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f).
(5) Illegal eviction.--The term ``illegal eviction'' means
self-help measures taken outside of the legal process for
eviction to recover possession of residential property from a
tenant, including a tenant residing in a public housing
dwelling unit or receiving tenant-based assistance or project-
based assistance under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f), such as--
(A) willfully interrupting or permitting the
interruption of essential items of services required by
the rental agreement;
(B) blocking or attempting to block the entry of a
tenant upon the premises;
(C) changing the locks or removing the front door
of the premises;
(D) removing the belongings of a tenant; and
(E) any other action defined as a self-help
eviction under State landlord-tenant law.
(6) Local ordinance impacting eviction.--The term ``local
ordinance impacting eviction'' means a local ordinance that is
designed to address the number of emergency services calls
resulting from assault, sexual harassment, stalking, disorderly
conduct, or another type of behavior, situation, or condition
that results in the need for emergency services, that results
in loss of housing or limit the housing opportunities for
victims of crime, including victims of domestic violence, or
individuals with disabilities who may require emergency
services, abnegating local landlord-tenant law by--
(A) requiring, encouraging, or permitting the
eviction of a tenant or resident because of a certain
number of calls for emergency services;
(B) requiring, encouraging, or permitting the
eviction of a tenant or resident because of an arrest
even though the arrest has not resulted in the
conviction of that tenant or resident; or
(C) requiring, encouraging, or permitting the
eviction of a tenant or resident because of criminal
activity occurring at or near the place of residence of
the tenant or resident for which that tenant or
resident has not been convicted.
(7) Public housing; public housing agency.--The terms
``public housing'' and ``public housing agency'' have the
meanings given those terms in section 3(b) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
SEC. 3. NATIONAL DATABASE OF EVICTIONS.
(a) Establishment of Database.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall establish and
maintain a database that--
(1) is accessible to the Office of Policy Development and
Research and the Office of Fair Housing and Equal Opportunity
of the Department and other employees of the Department as
determined necessary by the Secretary;
(2) includes the data described in subsection (b) with
respect to court-ordered evictions, administrative evictions,
and illegal evictions in the United States; and
(3) ensures appropriate security to prevent improper
disclosure of that data.
(b) Contents.--The database established under subsection (a) shall
contain the following data:
(1) Data on each court-ordered or administrative
eviction.--With respect to each court-ordered or administrative
eviction case filed on or after the date on which the database
is established:
(A) Information on the tenant who is the defendant,
including--
(i) the name of the tenant;
(ii) the address of the residential
property and the type of housing;
(iii) the number of household members
residing in the property, including the number
of children; and
(iv) whether the tenant is a recipient of
tenant-based or project-based assistance under
section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(B) Information on the landlord who filed the
court-ordered or administrative eviction case,
including--
(i) the name of the landlord;
(ii) the name of the attorney or legally
permitted representative of the landlord, or an
indication that the landlord was self-
represented;
(iii) any amount that the landlord alleges
that the tenant owes, including any penalties
and attorney's fees; and
(iv) any costs incurred by the landlord for
engaging in the eviction process, including--
(I) court costs, such as filing
fees;
(II) the cost of legal
representation; and
(III) the cost to set out a tenant.
(C) Procedural data on the court-ordered or
administrative eviction case, including--
(i) the date, if applicable, on which the
tenant was served with a notice to quit;
(ii) the date of the initial court filing
by the landlord;
(iii) the reason why the landlord filed for
eviction, such as nonpayment or breach of
lease;
(iv) whether the eviction was as a result
of the enforcement of a local ordinance
impacting eviction;
(v) the final outcome of the court-ordered
or administrative eviction case, including--
(I) the disposition of the case,
including whether the initial hearing
resulted in a default judgment,
dismissal, consent agreement,
settlement, or trial;
(II) the date of final disposition;
(III) any amount owed to the
landlord or tenant, if any, and over
what time period;
(IV) whether a judgment was made in
favor of the tenant for code violations
or warranty of habitability claims;
(V) the overall outcome of the
case, including whether the tenant paid
any amounts to the landlord and whether
the tenant stayed in the housing or was
evicted from the housing; and
(VI) whether the tenant had legal
representation and the nature of that
representation, including a lawyer, a
law student participating in a clinic,
or another non-lawyer trained to
represent clients in landlord-tenant
court, or whether the tenant was a
lawyer representing himself or herself;
(vi) the total court fees incurred by the
tenant, separated into categories of fees;
(vii) the total court fees incurred by the
landlord;
(viii) whether the landlord had appeared in
landlord-tenant court for a court-ordered or
administrative eviction matter involving the
landlord in the 6-month, 1-year, or 2-year
period preceding the court-ordered or
administrative eviction case; and
(ix) whether the tenant had appeared in
landlord-tenant court for a court-ordered or
administrative eviction matter involving the
landlord in the 6-month, 1-year, or 2-year
period preceding the court-ordered or
administrative eviction case.
(2) Aggregate data on court-ordered or administrative
eviction cases.--Aggregate data on court-ordered or
administrative eviction cases filed on or after the date on
which the database is established, including--
(A) the total number of cases filed, including a
breakdown by--
(i) the number of cases filed for
nonpayment, other breach of lease, both
nonpayment and breach of lease, and any other
reason;
(ii) the number of cases filed because of
the enforcement of a local ordinance impacting
eviction; and
(iii) the outcome of the dispositive
hearing, including default judgment, dismissal,
a consent agreement, a trial, and a settlement
with or without mediation;
(B) the number of tenants and landlords who showed
up for the dispositive hearing of a court-ordered or an
administrative eviction case, and how many were
represented by counsel;
(C) the average duration of a court-ordered or an
administrative eviction case, including the average
time from filing to first hearing;
(D) the average amount allegedly owed by a tenant,
per landlord;
(E) the average months of rent allegedly owed by a
tenant;
(F) the average amount paid by a tenant to resolve
the case and stay in the housing;
(G) the number of court-ordered or administrative
eviction cases resulting in a judgment in favor of the
tenant due to code violations or warranty of
habitability claims;
(H) the number and percentage of court-ordered or
administrative eviction cases broken down by age
bracket;
(I) the number and percentage of court-ordered or
administrative eviction cases with a tenant or
household with children;
(J) the number of tenants evicted from public
housing, broken down by each public housing agency;
(K) the number of tenants evicted from dwelling
units who were receiving tenant-based assistance or
project-based assistance under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f); and
(L) the number of court-ordered or administrative
eviction or cases where late fees were collected from
tenants by landlords, and the average amount of late
fees in those cases.
(3) Data on executed evictions.--Local law enforcement or
any other official who executes an eviction shall report to the
adjudicating court or administrative forum sufficient data on
each executed eviction, such that the court may determine which
court-ordered or administrative evictions resulted in a law
enforcement officer or other local official removing the
tenant.
(4) Data on tenant status following a court-ordered or
administrative eviction.--Each court or administrative forum
responsible for adjudicating evictions should contact landlords
to determine whether tenants who were the subject of a court-
ordered or administrative eviction were removed or remained in
the property 90 days after the court-ordered or administrative
eviction.
(5) Data on each illegal eviction.--With respect to each
illegal eviction occurring on or after the date on which the
database is established, as reported by local governments and
nonprofit organizations receiving grants under section 6:
(A) The data described in paragraph (1)(A).
(B) Information on the landlord, including--
(i) the name of the landlord; and
(ii) any amount that the landlord alleges
that the tenant owes, including any penalties.
(C) The reason the tenant was evicted.
(D) If the tenant was evicted for nonpayment, the
amount owed.
(E) If the tenant was evicted for nonpayment, the
total number of months owed.
(F) Whether the tenant was evicted because of the
enforcement of a local ordinance impacting eviction.
(6) Aggregate data on illegal evictions.--Aggregate data on
illegal eviction cases occurring on or after the date on which
the database is established, as reported by local governments
and nonprofit organizations receiving grants under section 6,
including--
(A) the average amount owed by a tenant, per
landlord;
(B) the average months of rent owed by a tenant;
(C) the number and percentage of illegal eviction
cases broken down by age bracket;
(D) the number and percentage of illegal eviction
cases with a tenant or household with children;
(E) the number and percentage of illegal eviction
cases broken down by race and ethnicity;
(F) the number and percentage of illegal eviction
cases broken down by gender;
(G) the number and percentage of illegal eviction
cases broken down by disability status; and
(H) the number and percentage of illegal eviction
cases based on the enforcement of a local ordinance
impacting eviction.
(c) Submission of Data.--
(1) Submission by courts.--Not later than March 1 of each
year, the Attorney General of each State shall submit to the
Secretary data on court-ordered eviction cases that occurred in
that State during the preceding calendar year for inclusion in
the database established under this section.
(2) Submission to secretary.--
(A) In general.--The Attorney General of the State
shall--
(i) ensure the accuracy and consistency of
the data submitted under paragraph (1); and
(ii) upon receipt of the data, aggregate
the data and report the individual and
aggregate data to the Secretary in a timely
manner.
(B) Submission by courts.--If the Attorney General
of the State fails to submit the data described in
paragraph (1) to the Secretary in a timely manner under
subparagraph (A), the clerk of each State or local
court that handles landlord-tenant cases may submit the
data directly to the Secretary.
(d) Guidelines.--The Secretary shall promulgate rules and establish
guidelines for the submission of data under subsection (c) and
publication of data in the database established under this section,
which shall include--
(1) a technological solution that provides a single point
of entry for data submissions to reduce the burden on clerks of
the courts;
(2) in consultation with local governments and judges,
appropriate safeguards for protecting the privacy of personally
identifiable information of vulnerable populations, which shall
incorporate confidentiality measures to ensure that any
personally identifiable information regarding a tenant who is a
victim of domestic violence, dating violence, sexual assault,
or stalking is not disclosed during the process of data
submission and publication;
(3) standards for--
(A) external researchers to be granted permission
to access data in the database, including both
aggregate data and, if necessary for the conduct of
their research, personally identifiable information,
with appropriate safeguards to ensure identities are
protected in any publicly released analysis;
(B) the establishment of a research data center to
support analysis of that data; and
(C) using generally accepted statistical principles
to validate the data, in consultation with outside
participants;
(4) methods for collecting data required under subsection
(b) that are not currently collected;
(5) establishing definitions for terms related to the
eviction process based on how they are legally defined by
courts of jurisdiction handling eviction cases; and
(6) standards for local officials to identify and designate
social services agencies that may access the database to
provide targeted social services to those tenants.
(e) Annual Reports.--Not later than 1 year after the date of
enactment of this Act, and each year thereafter, the Secretary shall
make publicly available a report on the contents of the database
established under this section.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry
out this section.
SEC. 4. GRANT PROGRAM TO COLLECT DATA ON ILLEGAL EVICTIONS.
(a) In General.--The Secretary shall award grants to local
governments and nonprofit organizations to set up programs to collect
data from landlords on illegal evictions in the United States.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary for each of
fiscal years 2022 through 2026 to provide grants under this section.
SEC. 5. ADVISORY COMMITTEE.
(a) In General.--The Secretary shall establish an advisory
committee to be known as the Committee on Eviction Research (in this
section referred to as the ``Committee'') to advise the Secretary on
matters relating to--
(1) the creation, operation, maintenance, methodology, and
privacy matters of the statistical efforts relating to the
database established under section 5;
(2) developing a research agenda to determine the causes
and consequences of evictions; and
(3) illuminating policies or practices that reduce the
number of evictions or mitigate the consequences of evictions.
(b) Membership.--
(1) In general.--The Committee shall be composed of 14
members who shall be appointed by the Secretary, in
consultation with the chair and ranking member of the Committee
on Banking, Housing, and Urban Affairs of the Senate and the
chair and ranking member of the Committee on Financial Services
of the House of Representatives, of whom--
(A) 2 members shall be employees of the Department
with expertise in housing data and an interest in
issues relating to evictions and housing instability;
(B) 2 members shall be representatives of
landlords;
(C) 5 members shall be from the academic or
research community;
(D) 3 members shall be from civil society, of whom
not less than 2 shall be from entities that advocate
for civil rights related to housing or eviction; and
(E) 2 members shall be from private industry, civil
society, or the academic community with backgrounds in
data science and privacy.
(2) Chair.--The Secretary shall appoint a chair of the
Committee from among the members of the Committee.
(3) Period of appointment; vacancies.--
(A) In general.--A member of the Committee shall be
appointed for a period of 2 years.
(B) Vacancies.--A vacancy in the Committee--
(i) shall not affect the powers of the
Committee; and
(ii) shall be filled in the same manner as
the original appointment.
(c) Meetings.--The Committee shall meet--
(1) in person not less frequently than twice each year; and
(2) via teleconference not less frequently than once every
2 months.
(d) Powers.--In carrying out the duties of the Committee, the
Committee may--
(1) hold such hearings, sit, and act at such times and
places, take such testimony, and receive such evidence as the
Committee determines to be appropriate;
(2) issue reports, guidelines, and memoranda;
(3) hold or host conferences and symposia;
(4) enter into cooperative agreements with third-party
experts to obtain relevant advice or expertise, and oversee
staff;
(5) establish subcommittees; and
(6) establish rules of procedure.
(e) Gifts.--The Committee may accept, use, and dispose of gifts or
donations of services or property.
(f) Travel Expenses.--The members of the Committee shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of service for the Committee.
(g) Staff.--
(1) In general.--The chair of the Committee may, without
regard to the civil service laws (including regulations),
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties, except that the employment of
an executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--The chair of the Committee may fix the
compensation of the executive director and other personnel
without regard to chapter 51 and subchapter III of chapter 53
of title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the rate
of pay for the executive director and other personnel may not
exceed the rate payable for level V of the Executive Schedule
under section 5316 of that title.
(h) Report.--Not later than 90 days after the date on which the
Committee terminates, the Committee shall submit to the Secretary a
report containing--
(1) recommendations for statistical efforts relating to the
database established under section 5, including how additional
data may potentially be collected, consistent with civil rights
protections, to understand eviction trends by race, gender,
disability status, ethnicity, age, and immigration status; and
(2) a research agenda to determine the causes and
consequences of evictions and to illuminate policies or
practices that reduce the number of evictions or mitigate the
consequences of evictions, including an assessment of the
housing challenges resulting from the prohibition on public
housing participation due to the prior eviction of an
individual.
(i) No Additional Funds.--The amounts necessary to carry out this
section shall be derived from amounts appropriated or otherwise made
available to the Secretary.
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