Eviction Prevention Act of 2023
This bill authorizes the Department of Justice to provide grants to state and local governments to make legal counsel available to eligible tenants undergoing eviction proceedings. An eligible tenant is an individual whose income is less than 125% of the federal poverty level.
The bill also requires the Department of Housing and Urban Development to establish a national database of evictions.
The Government Accountability Office must report on the national status of legal representation of tenants in eviction proceedings, including the effects of access to representation on case outcomes.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3463 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 3463
To authorize the Attorney General to make grants to States and
localities to provide the right to counsel in civil actions related to
eviction, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 11, 2023
Mr. Casey introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To authorize the Attorney General to make grants to States and
localities to provide the right to counsel in civil actions related to
eviction, 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 Prevention Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Access to counsel.--The term ``access to counsel''
means full representation by an attorney.
(2) 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).
(3) 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).
(4) Department.--The term ``Department'' means the
Department of Housing and Urban Development.
(5) Eligible individual.--The term ``eligible individual''
means an individual whose income is less than 125 percent of
the Federal poverty level.
(6) 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).
(7) 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) giving a tenant an eviction notice that does
not comply with applicable Federal, State, or local
law;
(E) removing the belongings of a tenant; and
(F) any other action defined as a self-help
eviction under State landlord-tenant law.
(8) 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.
(9) 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)).
(10) Rate of eviction.--The term ``rate of eviction'' means
the number of judgments of eviction, including illegal
evictions, entered or occurring in a jurisdiction per capita
during the previous fiscal year.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(12) State.--The term ``State'' means the States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands,
Guam, the Virgin Islands, American Samoa, and any other
territory or possession of the United States.
(13) Unit of general local government.--The term ``unit of
general local government'' means any city, town, township,
county, parish, village, or other general purpose political
subdivision of a State.
SEC. 3. GRANTS FOR STATES AND UNITS OF GENERAL LOCAL GOVERNMENT TO
PROVIDE ACCESS TO COUNSEL IN CIVIL ACTIONS RELATED TO
EVICTION.
(a) Authorization.--The Attorney General is authorized to make
grants to States and units of general local government to provide
eligible individuals access to counsel in civil actions related to
eviction.
(b) Use of Funds.--A State or unit of general local government that
receives a grant under this section shall use such funds to hire
attorneys in positions that are dedicated solely to providing counsel
described in subsection (a).
(c) Application.--A State or unit of general local government
seeking a grant under this section shall submit an application to the
Attorney General at such time, in such manner, and containing such
information as the Attorney General may reasonably require, including--
(1) the rate of eviction for that State or unit of general
local government;
(2) during the previous year, the number of individuals
subject to eviction in that State or unit of general local
government who were not represented by an attorney in eviction
proceedings;
(3) a plan for how the State or unit of general local
government will use amounts from a grant under this section to
increase access to counsel; and
(4) the status with respect of the right to counsel in
civil actions related to eviction in the State or unit of
general local government and, if the State or unit of general
local government does not have in effect laws providing a right
to counsel, such evidence as the Attorney General may require
that is sufficient to demonstrate that substantial progress has
been made to enact laws providing such a right.
(d) Amount of Grant.--Subject to the availability of
appropriations, a grant under this section shall be in an amount that
is not less than $1,000,000, and which amount is determined based on--
(1) the rate of eviction in the applicant State or unit of
general local government, compared to the national average rate
of eviction, as determined by the rates of eviction included
with each application under subsection (c);
(2) the plan submitted by the applicant State or unit of
general local government in accordance with subsection (c)(3);
(3) the status of right to counsel in applicant State or
unit of general local government; and
(4) during the previous year, the number of individuals
subject to eviction in the applicant State or unit of general
local government who were not represented by an attorney in
eviction proceedings.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $125,000,000 for each of fiscal
years 2024 through 2028.
SEC. 4. 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 number of household members
residing in the property, including the number
of children; and
(v) 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 residential property,
including--
(i) the address and type of housing; and
(ii) whether the property is subject to a
federally backed mortgage.
(C) Information on the landlord who filed the
court-ordered or administrative eviction case,
including--
(i) the name of the landlord;
(ii) the mailing address of the landlord;
(iii) any additional names, limited
liability corporations, or entities associated
with the mailing address of the landlord;
(iv) the number of rental units owned by
the landlord;
(v) the name of the attorney or legally
permitted representative of the landlord, or an
indication that the landlord was self-
represented;
(vi) the rent charged for the unit in
question;
(vii) additional fees charged for the unit
in question, whether one-time or recurring;
(viii) any amount that the landlord alleges
that the tenant owes, including--
(I) rent;
(II) additional fees other than
rent, whether one-time or recurring;
(III) late fees and penalties; and
(IV) court fees and attorney's
fees;
(ix) 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;
and
(x) the amount of emergency rental
assistance received on behalf of the tenant.
(D) Information about the location where the court-
ordered or administrative eviction case took place,
including the name of the judge or adjudicator.
(E) 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) any affirmative defenses presented by
the tenant, if permitted under State law;
(v) whether the eviction was as a result of
the enforcement of a local ordinance impacting
eviction;
(vi) the date of the initial hearing;
(vii) if the tenant moved out of the rental
unit, the date on which the tenant moved out;
and
(viii) 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,
including affirmative defenses;
(V) whether the tenant paid any
amounts to the landlord; 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,
and whether the legal representation
was supported by grant funding under
section 3;
(ix) the total court fees incurred by the
tenant, separated into categories of fees;
(x) the total court fees incurred by the
landlord;
(xi) 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 the number of
such appearances involving the same tenant; and
(xii) 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 the number of
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 criminal activity, code violation,
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 tenants in
each such type of case were represented by counsel
described in paragraph (1)(E)(viii)(VI);
(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, including affirmative defenses;
(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 broken down by race and
ethnicity;
(J) the number and percentage of court-ordered or
administrative eviction cases broken down by gender;
(K) the number and percentage of court-ordered or
administrative eviction cases broken down by disability
status;
(L) the number and percentage of court-ordered or
administrative eviction cases with a tenant or
household with children;
(M) the number of tenants evicted from public
housing, broken down by each public housing agency;
(N) 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
(O) 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 shall require landlords
to report 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:
(A) The data described in paragraph (1)(A).
(B) Information on the landlord, including--
(i) the name of the landlord;
(ii) the mailing address of the landlord;
(iii) any additional names, limited
liability corporations, or entities associated
with the mailing address of the landlord;
(iv) the number of rental units owned by
the landlord;
(v) the rent charged for the unit in
question; and
(vi) additional fees charged for the unit
in question, whether one-time or recurring;
(C) The reason the tenant was evicted.
(D) If the tenant was evicted for nonpayment, the
amount owed, including--
(i) rent;
(ii) additional fees other than rent,
whether one-time or recurring; and
(iii) late fees and penalties.
(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, 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 Chief Court Administrator 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 Chief Court Administrator 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 Chief Court
Administrator 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, judges, and
legal services providers 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 to carry out this section $100,000,000
for each of fiscal years 2024 through 2028.
SEC. 5. GAO STUDY.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall conduct a study and
submit to Congress a report on evictions in the United States,
including an analysis of ways in which the legal system fails to
provide sufficient protections from eviction for tenants, the rate of
representation of tenants and landlords, the effect of full
representation on default rates, case outcomes, and eviction dockets as
compared to cases where the tenant lacks representation or has pro se
assistance, and the potential cost savings from providing
representation.
<all>
Introduced in Senate
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
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