[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3030 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 3030
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
December 12, 2019
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 2019''.
SEC. 2. FINDINGS.
Congress finds that--
(1) based on the best available data, hundreds of
thousands, and potentially millions, of individuals and
families in the United States face eviction each year;
(2) collecting more comprehensive and consistent data
through a national eviction database would foster a better
understanding of the causes and contours of the eviction crisis
as well as what efforts should be made to prevent evictions
that are costly to tenants, landlords, and communities or to
mitigate the consequences of evictions when they are
unavoidable;
(3) expanded landlord-tenant community courts can offer
services that help tenants become current again on their
obligations or offer alternatives to eviction that avoid
homelessness or housing instability;
(4) 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;
(5) 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;
(6) 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;
(7) the National Center for Access to Justice determined
that in 79 percent of housing cases, the tenants are not
represented by a lawyer; and
(8) 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
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.
(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.
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 provide assistance to 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) provide assistance to individuals with limited English
proficiency;
(4) provide effective communication with individuals with
disabilities; and
(5) are located in facilities that are accessible to
individuals with disabilities.
(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, as
applicable, 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, or curtail the right of landlords
to evict; 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 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. 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) 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 member 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.
SEC. 8. EMERGENCY ASSISTANCE FUND GRANT PROGRAM.
(a) In General.--The Secretary shall establish a competitive grant
program under which the Secretary shall award grants to States, local,
and Tribal governments to establish crisis assistance programs to
prevent extremely low-income households from experiencing housing
instability, including an imminent risk of eviction or homelessness, by
providing short-term financial assistance and housing stabilization
services.
(b) Designation.--A State, local, or Tribal government that
receives a grant under this section may designate 1 or more entities to
carry out programs in accordance with this section.
(c) Household Eligibility.--A household that is eligible to receive
assistance under a program established by a recipient of a grant under
this section (in this section referred to as an ``eligible household'')
shall--
(1) be extremely low-income, with an income at or below the
Federal poverty limit or 30 percent of the area median income,
whichever is higher; and
(2) demonstrate to the grant recipient that the household
is at risk of experiencing homelessness or housing instability
and is experiencing a short-term crisis, which may include--
(A) a past due utility or rent notice or eviction
notice;
(B) a decline in household income;
(C) a family or health crisis;
(D) unexpected expenses;
(E) unsafe or unhealthy living conditions; and
(F) any other event as determined by the Secretary.
(d) Limitation.--An eligible household may not receive assistance
under this section for more than one 90-day period during each calendar
year.
(e) Use of Funds.--
(1) In general.--A recipient of a grant under this section
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.--Not less than 75 percent of
amounts received by a recipient of a grant under this section
shall be used to provide financial assistance to eligible
households, including the payment of rent, utilities, and other
housing-related expenses.
(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 non-
financial, non-legal issues to keep individuals and
families housed;
(B) rehousing services;
(C) services to connect those eligible households
to other public supports, including long-term housing
assistance; and
(D) referrals to other services for behavioral,
emotional, and mental health issues, domestic violence,
child welfare issues, employment, substance abuse
treatment, or other services.
(4) Evaluation.--Not more than 5 percent of amounts
received by a recipient of a grant under this section may be
used to conduct rigorous evaluations of the effectiveness of
the activities of the recipient in preventing housing
instability.
(5) Administrative costs.--Grant amounts shall not be used
by a recipient of a grant under this section to cover
administrative costs that are not incurred in carrying out
paragraph (2), (3), or (4).
(f) Criteria.--The Secretary, in consultation with the Secretary of
Health and Human Services and the Secretary of Agriculture, shall
develop criteria to evaluate each application for a grant under this
section, which shall--
(1) include consideration of--
(A) the need within the community to be served by
the applicant for a program described in subsection
(a);
(B) the capacity and interest of the applicant in
delivering housing stability interventions and
connecting eligible households to other public
benefits;
(C) the prior performance of the applicant in
providing similar forms of assistance, including
whether the applicant, in providing those similar forms
of assistance, has any unresolved, systemic civil
rights violations;
(D) a demonstration of collaboration with other
entities that provide resources to help eligible
households eligible under a program established using
grant amounts;
(E) a demonstration of support from local elected
officials, community leaders, residents, and other key
stakeholders, including as civil rights organizations;
(F) a comprehensive plan to improve housing
stability among not less than 1 at-risk population;
(G) the interest in and willingness of the
applicant to conduct a rigorous evaluation of the
effectiveness of the programs to be established using
grant amounts;
(H) the estimated impact of the programs to be
established by the applicant;
(I) a commitment to provide new matching funds from
non-Federal sources as required under subsection (g);
and
(J) such other factors as the Secretary may
require; and
(2) ensure geographic diversity among the grantees.
(g) Matching Amounts.--
(1) In general.--The Secretary shall establish a sliding
scale for matching funding requirements under this section,
based on the size and resources of the jurisdiction, except
that each grantee shall provide new matching funds of not less
than 25 percent of the grant amount from non-Federal sources.
(2) Form.--Subject to paragraph (3), a grantee shall
provide matching funds in the form of cash or an in-kind
contribution.
(3) Limitations on in-kind contributions.--A grantee may
provide matching funds under paragraph (1) in the form of an
in-kind contribution for the cash value of services provided a
community served by a grantee by an entity other than the
grantee only if there is a memorandum of understanding between
the grantee and the other entity that those services will be
provided.
(h) Continuous Improvement.--The Secretary shall establish a
process that incorporates findings from rigorous evaluations of
programs established by grant recipients under this section into the
design of subsequent grant competitions.
(i) Evaluation of Grantees.--
(1) In general.--The Secretary shall--
(A) evaluate each recipient of a grant under this
section using information requested by the Secretary,
including an evaluation of--
(i) the ease with which eligible households
are able to access assistance;
(ii) the effectiveness of the programs'
intervention models in preventing housing
instability in general and for eligible
households of different types and income
levels;
(iii) the cost-effectiveness of the
programs; and
(iv) other indicators as determined by the
Secretary;
(B) 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
(C) make the evaluations described in subparagraph
(A) publicly available.
(j) Report.--Not later than 5 years after the establishment of the
competitive grant 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 and a plan to expand the grant program to the scale
necessary to address housing instability.
(k) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each of fiscal years
2020 through 2024 to carry out this section.
SEC. 9. TENANT SCREENING REPORTS.
The Fair Credit Reporting Act (15 U.S.C. 1601 et seq.) is amended--
(1) in section 603(k)(1)(B) (15 U.S.C. 1681a(k)(1)(B))--
(A) by redesignating clause (iv) as clause (v);
(B) in clause (iii), by striking ``and'' at the
end; and
(C) by inserting after clause (iii) the following:
``(iv) a denial of rental housing or any
other decision in connection with evaluating a
consumer applying for tenancy in rental
housing; and'';
(2) 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
(3) 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 30-year period preceding the
date of enactment of this Act;
(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.).
<all>
Eviction Crisis Act of 2019
#3030 | S Congress #116
Policy Area: Housing and Community Development
Subjects: Administrative law and regulatory proceduresAdvisory bodiesCensus and government statisticsCommunity life and organizationCongressional oversightConsumer creditDepartment of Housing and Urban DevelopmentDisability and paralysisForeign language and bilingual programsGovernment information and archivesGovernment studies and investigationsHealth care coverage and accessHomelessness and emergency shelterHousing and community development fundingHousing supply and affordabilityJudicial procedure and administrationLandlord and tenantLegal fees and court costsLow- and moderate-income housing
Last Action: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs. (12/12/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text