[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2182 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 2182
To require the Secretary of Housing and Urban Development to establish
a national evictions database, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 22, 2021
Mr. Bennet (for himself, Mr. Portman, Mr. Young, and Mr. Brown)
introduced the following bill; which was read twice and referred to the
Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
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 ``Eviction Crisis Act of 2021''.
SEC. 2. FINDINGS.
Congress finds that--
(1) based on the best available data, more than 3,000,000
evictions are filed in an average year in the United States,
affecting individuals and families in urban, suburban, and
rural areas alike;
(2) evictions impose significant costs on tenants,
landlords, and communities as a whole;
(3) evictions disproportionately affect certain populations
and communities, including families with children and renters
of color who face a particularly high risk of eviction;
(4) collecting more comprehensive and consistent data
through a national eviction database would foster a deeper
understanding of the causes and contours of the eviction crisis
as well as what efforts can be made to prevent or mitigate the
consequences of evictions when they are unavoidable;
(5) expanding landlord-tenant community courts would
benefit both landlords and tenants, as these courts can offer
services that help tenants become current again on their
obligations or offer alternatives to eviction that avoid
homelessness or housing instability while also providing
landlords with less costly alternatives to eviction;
(6) emergency assistance programs that provide short-term
support to tenants facing a temporary emergency can also help
prevent evictions and homelessness for low-income households;
(7) past evictions or eviction filings can contribute to
the cycle of poverty by appearing on credit reports, and
tenants have a right to know whether a tenant screening report
contains inaccurate data that may impede their ability to pass
a background check and secure a stable home;
(8) the Legal Services Corporation, established in 1974
under the Legal Services Corporation Act (42 U.S.C. 2996 et
seq.) and funded by Congress to provide grants for free civil
legal aid, has documented--
(A) the ongoing justice gap in which 86 percent of
the civil legal problems reported by low-income people
in the United States, including housing-related legal
issues, are handled with inadequate or no assistance
from an attorney or other legal professional; and
(B) that more than 50 percent of the legal problems
presented to legal aid organizations funded by the
Legal Services Corporation receive only limited or no
legal assistance due to lack of resources;
(9) the National Center for Access to Justice determined
that in 79 percent of housing cases, the tenants are not
represented by a lawyer; and
(10) funding for the Legal Services Corporation must be
substantially increased to enable grantees of the Legal
Services Corporation to provide legal assistance to all people
facing residential eviction who cannot afford adequate counsel.
SEC. 3. 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) Eviction filing.--The term ``eviction filing'' means a
filing by a landlord with the court of jurisdiction to initiate
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).
(5) 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).
(6) 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.
(7) 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
survivors of crime, including survivors 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.
(8) 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)).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(10) Tribally designated housing entity.--The term
``tribally designated housing entity'' has the meaning given
the term in section 4 of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4103).
SEC. 4. LANDLORD-TENANT FOCUSED COMMUNITY COURTS.
(a) In General.--The Attorney General, acting through the Bureau of
Justice Assistance, shall award grants to States and local
jurisdictions to support landlord-tenant focused community courts that
offer a process with social service representatives who are available
to assist tenants.
(b) Goals for Process.--The process described in subsection (a)
is--
(1) intended to--
(A) divert landlords and tenants from proceeding
with a court-ordered eviction, which places costly
burdens on landlords, tenants, the court system, and
taxpayers; and
(B) help tenants who have fallen behind become
current again on their obligations or transition
tenants to a new stable home environment without losing
access to benefits and other support for which they are
eligible; and
(2) not intended to keep tenants in housing that they will
be unable to afford.
(c) Diversity Requirement.--In making grants under this section,
the Attorney General shall ensure that landlord-tenant focused
community courts--
(1) are assisted in jurisdictions that serve urban areas,
suburban areas, and rural areas;
(2) are assisted in serving communities that have high
rates of eviction and eviction filings or a large total number
of evictions and eviction filings, based on the best available
data;
(3) are assisted in serving families with children;
(4) provide assistance to individuals with limited English
proficiency;
(5) provide effective communication with individuals with
disabilities; and
(6) are located in facilities that are accessible to
individuals with disabilities and easily accessible by low-
income individuals using public transportation.
(d) Application.--A State or local jurisdiction desiring a grant
under this section shall submit to the Attorney General an application
at such time, in such manner, and containing--
(1) a demonstrated unmet need in the community for a
landlord-tenant community court;
(2) evidence of support from representatives of various and
diverse stakeholders within the community, including renters'
rights groups, landlords, and legal aid nonprofit
organizations;
(3) a detailed description of how the grant will be spent;
(4) a detailed description of how the landlord-tenant
community court will interact with the existing landlord-tenant
justice system of the State or local jurisdiction to, as
applicable, to alleviate the eviction crisis, including a
description of which cases will be diverted to the landlord-
tenant community court;
(5) a description of any local ordinance impacting
eviction;
(6) a description of how the landlord-tenant community
court will not be designed to lengthen the process of pursuing
a legitimate eviction, limit the access of landlords to the
traditional justice system, curtail the right of landlords to
evict, or limit or curtail the due process or civil rights of
any tenant or housing resident; and
(7) any other information as the Attorney General may
require, including information sought in consultation with the
Secretary.
(e) Data.--Beginning 1 year after the date on which a State or
local jurisdiction receives a grant under this section, and not later
than 2 years after that date, the State or local jurisdiction, as
applicable, shall submit to the Attorney General and the Secretary a
report containing--
(1) any aggregate data on landlord-tenant cases filed in
that State or local jurisdiction as the Attorney General or the
Secretary may require;
(2) the data described in subparagraphs (A) and (B) of
section 5(b)(1) and section 5(b)(2), as applicable; and
(3) any other information as the Attorney General or the
Secretary may require.
(f) Awarding Grants.--The Attorney General may award grants under
this section in 3 rounds, with not fewer than 5 grants awarded in the
first round.
(g) Matching Requirement.--
(1) In general.--As a condition of a grant provided under
this section, the Attorney General shall require the recipient
of the grant to contribute an amount equal to or more than the
amount of the grant, obtained solely from non-Federal sources.
(2) Form.--In addition to cash or other direct funding, the
contribution required by the Attorney General under paragraph
(1) may include indirect costs or in-kind contributions paid
for under non-Federal programs.
(h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 5. 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 age of the tenant;
(iii) the race, ethnicity, gender, and
disability status of the tenant;
(iv) the address of the residential
property and the type of housing;
(v) the number of household members
residing in the property, including the number
of children; and
(vi) 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 number of rental units owned by
the landlord;
(iii) the name of the attorney or legally
permitted representative of the landlord, or an
indication that the landlord was self-
represented;
(iv) the rent charged for the unit in
question;
(v) any amount that the landlord alleges
that the tenant owes, including--
(I) rent;
(II) late fees and penalties; and
(III) court fees and attorney's
fees; and
(vi) 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 asserted by the landlord
for filing 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) whether the tenant moved out before the
initial hearing; and
(vi) 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, whether
the tenant stayed in the housing or was
evicted from the housing, and whether
the judge ordered that the tenant's
future wages be garnished to pay the
judgment; and
(VI) whether the tenant was present
when the judgment was rendered and
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;
(vii) the total court fees incurred by the
tenant, separated into categories of fees;
(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 how many were
such appearances involving the same tenant; 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, and how many were
such appearances involving the same landlord.
(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;
(C) the number and share of tenants and landlords
who were represented by counsel, and the number and
share of landlords who were represented by counsel when
not legally required to be so represented;
(D) the average duration of a court-ordered or an
administrative eviction case, including the average
time from filing to first hearing;
(E) the average amount allegedly owed by a tenant,
per landlord;
(F) the average months of rent allegedly owed by a
tenant;
(G) the average amount paid by a tenant to resolve
the case and stay in the housing;
(H) 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;
(I) the number and percentage of court-ordered or
administrative eviction cases broken down by age
bracket;
(J) the number and percentage of court-ordered or
administrative eviction cases broken down by race and
ethnicity;
(K) the number and percentage of court-ordered or
administrative eviction cases broken down by gender;
(L) the number and percentage of court-ordered or
administrative eviction cases broken down by disability
status;
(M) the number and percentage of court-ordered or
administrative eviction cases with a tenant or
household with children;
(N) the number of tenants evicted from public
housing, broken down by each public housing agency;
(O) 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), the
supplemental nutrition assistance program under the
Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.),
or the temporary assistance for needy families under
part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.); and
(P) 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 primary reason or reasons 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 sex;
(H) the number and percentage of illegal eviction
cases broken down by sexual orientation;
(I) the number and percentage of illegal eviction
cases broken down by disability status; and
(J) 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, including of vulnerable populations,
which shall incorporate confidentiality measures to ensure that
any personally identifiable information regarding a tenant who
is a survivor 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 which shall not include personally
identifiable information.
(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. 6. 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 2020 through 2024 to provide grants under this section.
SEC. 7. 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) disseminating information with regard to 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 16
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) 3 members shall be landlords or representatives
of landlords, at least 1 of whom shall be a small or
independent landlord or a representative of small or
independent landlords;
(C) 4 members shall be from the academic or
research community;
(D) 3 members shall be from civil society, of
whom--
(i) not less than 2 shall be from entities
that advocate for civil rights related to
housing or eviction; and
(ii) not less than 1 shall have experienced
eviction;
(E) 2 members shall be from private industry, civil
society, or the academic community with backgrounds in
data science and privacy; and
(F) 2 members shall be individuals with specific
knowledge of and expertise in eviction law and court
procedures.
(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 in person or via electronic
conference 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, sex,
gender, sexual orientation, 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.
SEC. 8. EMERGENCY ASSISTANCE PROGRAM.
(a) In General.--The Secretary is authorized to make funds
available to State, local, territorial, and Tribal governments (in this
section referred to as ``eligible grantees'') for the purpose of
providing financial assistance and housing stabilization services to
extremely low-income households to prevent evictions, homelessness, and
other housing instability.
(b) Distribution of Funds.--An eligible grantee receiving
assistance under this section may distribute all or a portion of such
assistance to private nonprofit organizations, other government
entities, public housing agencies, Tribally designated housing
entities, or other entities as determined by the Secretary to carry out
programs in accordance with this section.
(c) Designation.--An eligible grantee that receives a grant under
this section may designate 1 or more entities to carry out programs in
accordance with this section.
(d) Household Eligibility.--
(1) In general.--A household that is eligible to receive
assistance under a program established under this section (in
this section referred to as an ``eligible household'') shall
be--
(A) extremely low-income, as defined in section
3(b) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b));
(B) at risk of housing instability and experiencing
a short-term crisis, as attested to in writing by the
household, which may include--
(i) a decline in household income;
(ii) a family or health crisis;
(iii) unexpected expenses;
(iv) unsafe or unhealthy living conditions;
or
(v) any other event as determined by the
Secretary; and
(C) obligated to pay rent on a residential dwelling
or experiencing homelessness, as defined in section 103
of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11302).
(2) Housing type.--Assistance under a program established
under this section shall be provided to eligible households
regardless of housing type, or lack thereof, including--
(A) rental properties, hotels, or motels where the
households are covered by State, Tribal, or local
eviction laws;
(B) manufactured housing;
(C) mobile homes;
(D) single rooms; and
(E) other types of subsidized and unsubsidized
housing.
(3) Lease requirements.--Assistance under a program
established under this section shall be provided to eligible
households with written or oral leases, subleases, or informal
tenancy arrangements, allowing households to self-certify lease
agreements.
(e) Limitation.--
(1) In general.--Assistance under a program established
under this section shall be provided to an eligible household
for arrears and a period not to exceed 4 months during any
period of 3 years, except that grantees may provide assistance
for an additional 3 months only if necessary to ensure housing
stability for the eligible household, subject to the
availability of funds.
(2) Exception for periods of high unemployment, emergency,
or major disaster.--Assistance under a program established
under this section shall be provided to an eligible household
for a period not to exceed 12 months, except that grantees may
provide assistance for an additional 3 months only if necessary
to ensure housing stability for the eligible household, subject
to the availability of funds--
(A) if for any month during the fiscal year the
average rate of unemployment (seasonally adjusted) for
the United States or for the State in which the
eligible grantee is located, for the period consisting
of the most recent 3 months for which data for all
States are published, equals or exceeds 5.5 percent; or
(B) in any fiscal year in which a declaration of a
major disaster or emergency under section 401 or 501 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170, 5191) is in effect with
respect to the jurisdiction covered by an eligible
grantee.
(f) Use of Funds.--
(1) In general.--An eligible grantee shall--
(A) use grant amounts to help eligible households
overcome a short-term crisis impacting housing
stability and provide financial assistance and housing
stability-related services to those eligible
households; and
(B) evaluate the eligibility of households in a
manner consistent with Federal nondiscrimination
requirements.
(2) Financial assistance.--A recipient of a grant under
this section shall use the grant funds to provide housing-
related financial assistance to eligible households in the form
of payments, including--
(A) direct payments to the eligible households; and
(B) the payment of--
(i) rent and rent arrears;
(ii) utilities and home energy costs and
utilities and home energy costs arrears;
(iii) relocation costs; and
(iv) other housing-related expenses, as
defined by the Secretary.
(3) Housing stability-related services.--Not more than 25
percent of amounts received by a recipient of a grant under
this section shall be used to provide housing stability-
related services to eligible households, including--
(A) services for case management, including
community resources to negotiate and resolve issues to
keep eligible households housed;
(B) rehousing and relocation services;
(C) services provided by housing counseling
agencies approved by the Department to negotiate and
resolve financial issues;
(D) legal services;
(E) services to connect those eligible households
to other public supports, including long-term housing
assistance;
(F) referrals to other services for behavioral,
emotional, and mental health issues, domestic violence,
child welfare issues, employment, substance abuse
treatment, or other services; and
(G) other services to promote housing stability as
determined by the Secretary.
(4) Evaluation.--Of amounts made available under subsection
(n) for fiscal year 2022, not more than $10,000,000 shall be
used by the Secretary to conduct a rigorous program evaluation
under subsection (k).
(5) Administrative costs.--A recipient of a grant under
this section may not use more than 10 percent of the total
amount received under this section for administrative costs.
(g) Allocation of Resources.--
(1) Initial eligibility.--The Secretary, in consultation
with the Secretary of Health and Human Services, the Secretary
of the Treasury, and the Secretary of Agriculture, shall
develop a formula for determining the initial funding
eligibility for eligible grantees based on--
(A) the number of extremely low-income renter
households with severe cost burdens, the number of
extremely low-income households experiencing severe
overcrowding, and the unemployment rate in each
jurisdiction;
(B) the prior performance of the grantee, including
whether the eligible grantee has any unresolved,
systemic housing-related civil rights violations; and
(C) other factors as determined by the Secretary.
(2) Notification of initial eligibility.--The Secretary
shall notify eligible grantees of their initial eligibility for
funding within 30 days of the date of enactment of the
appropriate Act making appropriations for the Department for
the fiscal year.
(3) Statement of grantee interest and commitment.--Within
90 days of receiving the notification described in paragraph
(2), each eligible grantee shall--
(A) notify the Secretary of its intent to
participate in the program authorized by this section
during the fiscal year for which the Secretary is
making funds available; and
(B) if the eligible grantee notifies the Secretary
of its intent to participate in the program, the
eligible grantee shall concurrently submit--
(i) a detailed plan describing how the
eligible grantee will--
(I) use the funds to prevent
evictions, homelessness, and other
housing instability, consistent with
the requirements of this section,
including any plans to distribute the
funds to private nonprofit
organizations, other government
entities, public housing agencies, or
other entities as determined by the
Secretary;
(II) implement and administer a
program to distribute funds quickly and
efficiently to eligible households,
including through the use of
appropriate technology;
(III) make the plan publicly
accessible; and
(IV) raise awareness of the
availability of assistance under the
plan, including among renters and
rental property owners; and
(ii) a statement that the eligible grantee
will participate in a rigorous evaluation of
the effectiveness of the program, if requested
to do so by the Secretary.
(4) Plan submission and public availability.--An eligible
grantee shall--
(A) make the plan submitted under paragraph
(3)(B)(i) publicly available on a website of the
eligible grantee, including in a format that is
accessible to individuals with disabilities; and
(B) conduct public hearings and solicit comment on
the plan submitted under paragraph (3)(B)(i) using the
procedure described in paragraph (5).
(5) Public hearing and solicitation of comments.--
(A) In general.--In conducting public hearings and
soliciting comments on a plan submitted under paragraph
(3)(B)(i), each eligible grantee shall follow the
requirements of the citizen participation plan adopted
pursuant to section 91.105 of title 24, Code of Federal
Regulations, or any successor regulation, except as
provided in this paragraph.
(B) Initial hearing.--Before submitting the plan to
the Secretary required under paragraph (3)(B)(i), an
eligible grantee shall--
(i) hold a public hearing on the plan; and
(ii) provide the public with a reasonable
opportunity to view and comment on the plan,
which shall be for a period of not less than 10
days.
(C) Subsequent hearings.--Not later than 60 days
after the initial hearing under subparagraph (B), an
eligible grantee shall conduct a public hearing to
solicit feedback on grants provided under this section.
(D) Consultation.--In addition to any other citizen
participation and consultation requirements, in
developing and implementing a plan to carry out this
section, each eligible grantee shall consult with--
(i) the applicable Continuum or Continuums
of Care for the area served by the eligible
grantee;
(ii) organizations representing underserved
communities and populations; and
(iii) organizations with expertise in
affordable housing, fair housing, and services
for individuals with disabilities.
(6) Allocation of prorated funds.--Not later than 120 days
after the enactment of appropriations Act making appropriations
for the program authorized under this section, the Secretary
shall allocate to each eligible grantee that notified the
Secretary of its intent to participate in the program,
consistent with the requirements in paragraph (3), the amount
of funding for which the eligible grantee is eligible under the
formula described in paragraph (1), plus any additional
prorated amounts made available as a result of State, local,
and Tribal governments having notified the Secretary of their
intent to decline to participate or has indicated its intent
not to participate under the terms of paragraph (3), in
accordance with the payment schedule described in paragraph
(8).
(7) Distribution of declined funds.--
(A) In general.--If the Secretary determines as of
120 days after the enactment of appropriations for the
program authorized under this section that an eligible
grantee has declined to receive its full allocation or
has not indicated its intent to participate, not later
than 15 days after such date, the Secretary--
(i) except as provided in clause (ii) and
subparagraph (B), shall redistribute, on a pro
rata basis, such allocation among the other
eligible grantees in the State (or States, if
the eligible grantee is a Tribal government
with jurisdiction in more than 1 State) that
have not declined to receive their allocations;
or
(ii) if no other eligible grantees exist in
a relevant State, may contract with units of
local government within the State to administer
funds within the State.
(B) Exception.--If a redistribution under
subparagraph (A)(i) would result in eligible grantees
in a State receiving an increase of not less than 20
percent in funds received under the grant program, any
amount above the 20 percent increase in funds shall be
returned to the Secretary and distributed across all
eligible grantees that did not decline their full
allocation.
(h) Continuous Improvement.--The Secretary shall establish a
process that incorporates findings from rigorous evaluation of the
grant program authorized under this section into subsequent guidance
and best practices for eligible grantees.
(i) Evaluation of Grantees.--The Secretary shall--
(1) using data provided by eligible grantees, conduct a
rigorous evaluation of the grant program authorized under this
section that includes an assessment of--
(A) the ease with which eligible households are
able to access assistance;
(B) the effectiveness of the intervention models of
the program in preventing housing instability in
general and for eligible households of different types
and income levels;
(C) the cost-effectiveness of the program; and
(D) other indicators as determined by the
Secretary;
(2) publicly disseminate, through internet websites and
other means, interim findings as soon as they become available
relating to programs established by recipients of a grant under
this section; and
(3) make the evaluations described in paragraph (1)
publicly available.
(j) Reporting Requirements.--
(1) In general.--The Secretary shall publish public reports
not less frequently than annually regarding the use of funds
made available under this section, which shall include, with
respect to each eligible grantee under this section--
(A) the number of eligible households that receive
assistance;
(B) the acceptance rate of applicants for
assistance;
(C) the type or types of assistance provided to
each eligible household;
(D) the average amount of funding provided per
eligible household receiving assistance;
(E) the average number of monthly rental or utility
payments that were covered by the funding amount that
an eligible household received, as applicable;
(F) the rate of evictions in the jurisdiction; and
(G) the rate of evictions of households that
received assistance under this program in the
jurisdiction.
(2) Data.--Each report under this subsection shall
disaggregate the information relating to eligible households by
the gender, race, and ethnicity of the primary applicant for
assistance in those eligible households.
(3) Alternative requirements.--The Secretary may establish
alternative reporting requirements for Tribal and territorial
eligible grantees and Tribally designated housing entities in
carrying out activities under this section, including exempting
Tribal eligible grantees and Tribally designated housing
entities from--
(A) the Fair Housing Act (42 U.S.C. 3601 et seq.);
and
(B) the citizen participation and consultation
requirements under subpart B of part 91 of title 24,
Code of Federal Regulations, or any successor
regulation.
(4) Privacy requirements.--
(A) In general.--Each eligible grantee that
receives a grant under this section shall establish
data privacy and security requirements for the
information described in paragraph (1) that--
(i) include appropriate measures to ensure
that the privacy of individuals is protected;
(ii) provide that the information,
including any personally identifiable
information, is collected and used only for the
purpose of submitting reports under paragraph
(1); and
(iii) provide confidentiality protections
for data collected about any individuals who
are survivors of intimate partner violence,
sexual assault, or stalking.
(B) Statistical research.--
(i) In general.--The Secretary--
(I) may provide full and unredacted
information provided under
subparagraphs (A) through (F) of
paragraph (1), including personally
identifiable information, for
statistical research purposes in
accordance with existing law; and
(II) may collect and make available
for statistical research, at the census
block group level, information
collected under subparagraph (A).
(ii) Application of privacy requirements.--
A recipient of information under clause (i)
shall establish for such information the data
privacy and security requirements described in
subparagraph (A).
(5) Provision of data.--Each eligible grantee shall provide
to the Secretary such data as may be necessary for the
Secretary to complete the reporting requirements under this
subsection.
(k) Report on Program.--Not later than 5 years after the
establishment of the program under this section, the Secretary shall
submit to the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House of
Representatives and publish in the Federal Register a report--
(1) evaluating the effectiveness of the strategies pursued
under the grant program; and
(2) that includes recommendations for any necessary changes
to law.
(l) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$3,000,000,000 for each of fiscal years 2022 through 2026, and
such sums as may be necessary for each fiscal year thereafter,
to carry out this section.
(2) Reservation of funds for tribal communities.--Of the
amount appropriated under paragraph (1), the Secretary shall
reserve $9,600,000 for activities and assistance authorized
under titles I and VIII of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111
et seq.) and title I of the Housing and Community Development
Act of 1974 (42 U.S.C. 5301 et seq.) with respect to Indian
Tribes, which shall be made available for entities that are
eligible for payments under clauses (i) and (ii) of section
501(b)(2)(A) of subtitle A of title V of division N of the
Consolidated Appropriations Act, 2021 (Public Law 116-260).
(3) Allocation for states, territories, and units of local
government.--The amount appropriated under paragraph (1) for a
fiscal year that remains after the application of paragraph (2)
shall be allocated to eligible grantees that are eligible under
subtitle A of title II of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12741 et seq.), to be used in
a manner that conforms to the formula authorized under section
(f).
(4) Pro rata availability.--The Secretary shall only
distribute a pro rata amount of the total appropriated under
paragraph (1) in a fiscal year based on the number of eligible
grantees that are eligible to receive a grant due to the
limitation described in subsection (m)(4).
(m) Availability.--
(1) In general.--Each eligible grantee shall--
(A) with respect to the first 2 fiscal years in
which grants are awarded under this section--
(i) obligate not less than 60 percent of
such grant amounts within 2 years of the date
that such funds become available to the
eligible grantee for obligation; and
(ii) obligate 100 percent of such grant
amounts within 3 years of such date; and
(B) for each subsequent fiscal year--
(i) obligate not less than 60 percent of
such grant amounts within 1 year of the date
that such funds become available to the
eligible grantee for obligation; and
(ii) obligate 100 percent of such grant
amounts within 2 years of such date.
(2) Reallocation after 2 years.--
(A) In general.--The Secretary may recapture any
amounts not obligated in compliance with paragraph
(1)(A) and reallocate and repay such amounts to
eligible grantees in compliance that, at the time of
reallocation, have obligated not less than 65 percent
of the amount originally allocated and paid to the
eligible grantee.
(B) Amount.--The amount of a reallocation described
in subparagraph (A) shall be determined based on
demonstrated need within the jurisdiction covered by
the eligible grantee, as determined by the Secretary.
(3) Rescission and reallocation of funds.--An eligible
grantee may use any funds from grants made under this section
that are unobligated within 3 years for purposes in addition to
those specified in this section, provided that such other
purposes are affordable housing purposes, as defined by the
Secretary, serving very low-income families (as such term is
defined in section 3(b) of the United States Housing Act of
1937 (42 U.S.C. 1437a(b)).
(4) Limitation on availability of funds.--An eligible
grantee may only receive a grant under this section after the
earlier of--
(A) the date on which the eligible grantee has
expended all funds provided under the emergency rental
assistance programs under section 501 of division N of
the Consolidated Appropriations Act, 2021 (Public Law
116-260) and section 3201 of the American Rescue Plan
Act (Public Law 117-2); or
(B) the date on which funds provided under the
emergency rental assistance programs under section 501
of division N of the Consolidated Appropriations Act,
2021 (Public Law 116-260) and section 3201 of the
American Rescue Plan Act (Public Law 117-2) are no
longer available for obligation.
(n) Prohibition on Prerequisites.--None of the funds made available
pursuant to this section may be used to require any eligible household
receiving assistance under the program under this section to receive
treatment or perform any other prerequisite activities as a condition
for receiving shelter, housing, or other services.
(o) Use of Self-Certification or Self-Attestation.--The Secretary
shall require eligible grantees to allow eligible households to use
self-certification or self-attestation to meet statutory or regulatory
requirements, to the greatest extent possible.
(p) Treatment of Assistance.-- Assistance provided to an eligible
household from a payment made under this section shall not be regarded
as income and shall not be regarded as a resource for purposes of
determining the eligibility of the eligible household or any member of
the eligible household for benefits or assistance, or the amount or
extent of benefits or assistance, under any Federal program or under
any State, local, or Tribal program financed in whole or in part with
Federal funds.
(q) Written Notice of Denial of Assistance.--An eligible household
that is denied assistance by an eligible grantee under the grant
program under this section shall receive written notice of the denial
of assistance within 5 days of the denial, which shall describe the
basis for the denial and provide the eligible household with not less
than 10 days to correct or amend the application.
(r) Non-Supplantation Requirement.--An eligible grantee under this
section shall expend, from other Federal funding sources available to
the eligible grantee, an amount equal to the average fiscal year amount
of total expenditures the eligible grantee made for eviction
prevention, housing stabilization, and homelessness assistance for
fiscal years 2017, 2018, and 2019 for those same activities during the
fiscal year for which funds are paid to an eligible grantee under this
section.
SEC. 9. TENANT SCREENING REPORTS.
The Fair Credit Reporting Act (15 U.S.C. 1601 et seq.) is amended--
(1) in section 604 (15 U.S.C. 1681b), by adding at the end
the following:
``(h) Additional Requirement Relating to Use of Consumer Report for
Rental Housing.--If a person procures a consumer report, or causes a
consumer report to be procured, from a consumer reporting agency in
connection with evaluating a consumer applying for tenancy in rental
housing, the consumer reporting agency shall provide to the consumer a
copy of the consumer report.''; and
(2) in section 605(a) (15 U.S.C. 1681c(a)), by adding at
the end the following:
``(9) Eviction judgments and related suits in instances of
an eviction judgment that is in the favor of the tenant.''.
SEC. 10. GAO STUDY AND REPORT.
(a) Study.--The Comptroller General of the United States shall
conduct a comprehensive qualitative and quantitative study to--
(1) track evictions during the period for which appropriate
data is available or the 30-year period preceding the date of
enactment of this Act, whichever is shorter;
(2) analyze local eviction laws, regulations, and judicial
process; and
(3) assess the factors that contribute to evictions and
whether those factors differ in urban areas versus suburban and
rural areas, as well as across different protected class
groups, including race, color, national origin, religion, sex,
familial status, disability status, and age.
(b) Report.--Not earlier than 5 years but not later than 6 years
after the date of enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on the grants awarded
pursuant to sections 4, 6, and 8 of this Act, including best estimates
of the amount saved, if any, at all levels of government on housing,
medical, or social welfare programs, as well as any additional revenues
generated by participants being more likely to remain employed or for
other reasons.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 11. RULE OF CONSTRUCTION.
Nothing in this Act may be construed to--
(1) deny a landlord the ability to file and execute an
eviction for a lawful reason; or
(2) change the standards for determining a violation of the
Fair Housing Act (42 U.S.C. 3601 et seq.).
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