,i #aafth ,,congress #b;d ,session ,h4 ,r4 #ehhd ,,in ,,the ,,house ,,of ,,representatives ,february #ac1 #bjbj,mr4 ,clyburn 7for himself1 ,mr4 ,price of ,north ,carolina1 ,ms4 ,clarke of ,new ,york1 ,mr4 ,khanna1 and ,mrs4 ,hayes7 introduced the following bill2 which was referred to the ,committee on ,financial ,services ,a ,,bill ,to establish a grant program to provide legal assistance to eligible tenants at risk of or subject to eviction1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,legal ,assistance to ,prevent ,evictions ,act of #bjbj4 #b4 ,evictions assistance grant program 7a7 ,in general ,the ,secretary of ,housing and ,urban ,development shall establish a competitive grant program to provide grants to eligible recipients to provide legal assistance 7including assistance related to pretrial activities1 trial activities1 post-trial activities1 and alternative dispute resolution7 at no cost to eligible tenants at risk of or subject to eviction4 7b7 ,application ,to be eligible to receive a grant under this section1 an applicant shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may reasonably require1 including evidence of the experience of the applicant providing legal assistance in residential eviction matters4 7c7 ,point system for preference factors ,in awarding grants under this section1 the ,secretary shall-- 7#a7 establish a system that awards points to applicants in accordance with the preference factors described in subsection 7d72 and 7#b7 give priority to applicants with the greatest number of points under the system4 7d7 ,preference factors ,the preference factors for which an applicant shall be awarded points under the system established pursuant to subsection 7c77#a7 are as follows3 7#a7 ,eviction rate preference ,if the applicant will use grant funds awarded under this section to provide services in census tracts with high rates of eviction4 ,in making such determinations1 the ,secretary shall use data determined by the ,secretary to be the best available1 or if no appropriate data is available1 shall make reasonable inferences to determine the rate of eviction in a census tract4 ,the ,secretary may not require applicants to provide data on the rates of eviction in the census tract in which the applicant intends to provide services or award more points to applicants who provide such data than to applicants who do not4 7#b7 ,capacity preference ,if the ,secretary determines that the applicant has a greater capacity to produce more favorable outcomes regarding eviction for eligible tenants4 ,in making such determinations1 the ,secretary may consider the applicant's-- 7,a7 past experience in producing favorable outcomes for households facing eviction2 7,b7 proposed use of grant funds to increase staff resources to provide legal assistance2 7,c7 demonstrated past effective use of resources to provide legal assistance2 7,d7 ability to provide services to eligible tenants with limited ,english proficiency2 and 7,e7 ability to effectively communicate with eligible tenants with disabilities4 7#c7 ,preference for government entities that promote tenant rights ,with respect to any applicant that is a governmental entity1 if the applicant has in effect laws or regulations that promote tenant rights4 ,in making such determinations1 the ,secretary-- 7,a7 shall consider laws or regulations establishing a tenant's right to-- 7i7 counsel in evictions cases2 7ii7 withhold rent if a landlord fails to provide essential services to ensure habitability of the premises2 7iii7 deduct appliance repair costs from rent owed2 7iv7 notice of failure to pay rent or other lease violation with the right to cure2 7v7 a maximum security deposit equal to one month's rent2 and 7vi7 the expeditious return of any security deposit after terminating a lease2 and 7,b7 may consider1 with lesser weight given than the weight given to those rights described in subsection 7,a71 laws or regulations establishing a tenant's right to-- 7i7 advance notice of rent increases2 7ii7 advance notice of landlord entry to the property2 or 7iii7 adequate time to recover abandoned property after eviction4 ,points awarded under this paragraph shall not result in an applicant governmental entity being awarded a grant that1 in the absence of this paragraph1 would have been awarded to either an applicant nonprofit entity or an applicant governmental entity lacking the legal authority to enact laws or regulations described in this paragraph because such entity is subject to legal restrictions enacted by another governmental entity4 7e7 ,rural equity ,in awarding grants under this section1 the ,secretary-- 7#a7 shall1 to the extent practicable1 ensure that the proportion of eligible tenants living in rural areas who will receive legal assistance with grant funds awarded under this section is not less than the overall proportion of eligible tenants who live in rural areas2 and 7#b7 may consider geographic diversity and an applicant's capacity to serve eligible tenants living in rural areas4 7f7 ,supplement1 not supplant ,grant funds received under this ,act shall be used to supplement and not supplant other funds used by the grantee to provide the legal assistance described in subsection 7a74 7g7 ,report ,for each year that an eligible recipient receives grant funds under this section1 such eligible recipient shall submit to the ,secretary a report which maintains attorney-client confidentiality and which excludes personally identifiable information about eligible tenants4 ,such report shall contain-- 7#a7 the total number of eligible tenants that were provided legal assistance using such funds2 7#b7 the estimated number of evictions avoided1 delayed1 or resolved with other outcomes 7such as negotiated settlements7 that are more favorable to the eligible tenant than the outcomes that would have been expected in the absence of counsel1 and a brief description of the circumstances of each case2 7#c7 the number of eligible tenants that received legal assistance that reside in a dwelling unit for which any subsidy or assistance for occupancy in the dwelling unit is provided under a program administered by ,federal1 ,state1 or local authorities2 and 7#d7 demographic information about eligible tenants that received legal assistance1 including race1 national origin1 sex1 disability status1 household income1 household size1 household familial status1 age of the head of household1 and whether tenants live in an urban area1 suburban area1 or rural area4 7h7 ,definitions 7#a7 ,eligible recipient ,the term eligible recipient means any nonprofit or governmental entity that has experience providing no-cost legal assistance to low-income individuals4 7#b7 ,eligible tenant ,the term eligible tenant means an individual who has an annual household income of-- 7,a7 not more than #ace percent of the ,federal poverty guidelines issued by the ,secretary of ,health and ,human ,services2 or 7,b7 less than #ccc percent of average fair market rent in the county of the individual-- 7i7 in the case of a household comprised of one individual1 for an efficiency2 and 7ii7 in the case of a household comprised of more than one individual1 for a residence in which the number of bedrooms would not require-- 7,i7 more than two members of the household to share a bedroom2 7,,ii7 children of different genders to share a bedroom with one another2 or 7,,iii7 a household member with a disability requiring medical equipment to share a bedroom4 7#c7 ,rural area ,the term rural area means a census tract that is-- 7,a7 outside of a metropolitan statistical area1 as designated by the ,office of ,management and ,budget2 or 7,b7 within a metropolitan statistical area1 as designated by the ,office of ,management and ,budget1 that is outside of the metropolitan statistical area's urbanized areas as designated by the rural-urban commuting area code #a 7as determined by the ,secretary of ,agriculture71 and outside of tracts with a housing density of over #fd housing units per square mile located in the rural-urban commuting area code #b 7as determined by the ,secretary of ,agriculture74 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,housing and ,urban ,development4 7#e7 ,suburban area ,the term suburban area means a census tract with a population density of less than #b1ejj inhabitants per square mile that is not a rural area4 7#f7 ,urban area ,the term urban area means a census tract with a population density of at least #b1ejj inhabitants per square mile4