,i #aafth ,,congress #b;d ,session ,h4 ,r4 #ggdc ,,in ,,the ,,house ,,of ,,representatives ,july #bc1 #bjbj,ms4 ,de,lauro 7for herself1 ,mr4 ,kennedy1 ,ms4 ,norton1 ,ms4 ,haaland1 ,ms4 ,omar1 ,ms4 ,wilson of ,florida1 ,mr4 ,san ,nicolas1 ,mr4 ,lowenthal1 ,ms4 ,garcia of ,texas1 ,mr4 ,garca of ,illinois1 ,mrs4 ,watson ,coleman1 ,mr4 ,evans1 ,ms4 ,jackson ,lee1 ,mr4 ,cooper1 ,mrs4 ,hayes1 ,ms4 ,lee of ,california1 ,ms4 ,bonamici1 ,mr4 ,crdenas1 and ,ms4 ,spanberger7 introduced the following bill2 which was referred to the ,committee on ,financial ,services ,a ,,bill ,to require the ,secretary of ,housing and ,urban ,development to establish a national evictions database1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,we ,need ,eviction ,data ,now ,act of #bjbj4 #b4 ,definitions ,in this ,act3 7#a7 ,administrative eviction ,the term administrative eviction means a ruling in favor of the landlord in an administrative forum within a public housing agency1 such as grievance procedures1 to recover possession of residential property from a tenant1 including a tenant residing in a public housing dwelling unit or receiving tenant-based assistance or project-based assistance under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f74 7#b7 ,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 tenant1 including a tenant residing in a public housing dwelling unit or receiving tenant-based assistance or project-based assistance under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f74 7#c7 ,department ,the term ,department means the ,department of ,housing and ,urban ,development4 7#d7 ,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 tenant1 including a tenant residing in a public housing dwelling unit or receiving tenant-based assistance or project-based assistance under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f74 7#e7 ,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 tenant1 including a tenant residing in a public housing dwelling unit or receiving tenant-based assistance or project-based assistance under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f71 such as-- 7,a7 willfully interrupting or permitting the interruption of essential items of services required by the rental agreement2 7,b7 blocking or attempting to block the entry of a tenant upon the premises2 7,c7 changing the locks or removing the front door of the premises2 7,d7 removing the belongings of a tenant2 and 7,e7 any other action defined as a self-help eviction under ,state landlord-tenant law4 7#f7 ,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 assault1 sexual harassment1 stalking1 disorderly conduct1 or another type of behavior1 situation1 or condition that results in the need for emergency services1 that results in loss of housing or limit the housing opportunities for victims of crime1 including victims of domestic violence1 or individuals with disabilities who may require emergency services1 abnegating local landlord-tenant law by-- 7,a7 requiring1 encouraging1 or permitting the eviction of a tenant or resident because of a certain number of calls for emergency services2 7,b7 requiring1 encouraging1 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 resident2 or 7,c7 requiring1 encouraging1 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 convicted4 7#g7 ,public housing2 public housing agency ,the terms public housing and public housing agency have the meanings given those terms in section #c7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b774 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,housing and ,urban ,development4 #c4 ,national database of evictions 7a7 ,establishment of database ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall establish and maintain a database that-- 7#a7 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 ,secretary2 7#b7 includes the data described in subsection 7b7 with respect to court-ordered evictions1 administrative evictions1 and illegal evictions in the ,united ,states2 and 7#c7 ensures appropriate security to prevent improper disclosure of that data4 7b7 ,contents ,the database established under subsection 7a7 shall contain the following data3 7#a7 ,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 established3 7,a7 ,information on the tenant who is the defendant1 including-- 7i7 the name of the tenant2 7ii7 the address of the residential property and the type of housing2 7iii7 the number of household members residing in the property1 including the number of children2 and 7iv7 whether the tenant is a recipient of tenant-based or project-based assistance under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f74 7,b7 ,information on the landlord who filed the court-ordered or administrative eviction case1 including-- 7i7 the name of the landlord2 7ii7 the name of the attorney or legally permitted representative of the landlord1 or an indication that the landlord was self-represented2 7iii7 any amount that the landlord alleges that the tenant owes1 including any penalties and attorney's fees2 and 7iv7 any costs incurred by the landlord for engaging in the eviction process1 including-- 7,i7 court costs1 such as filing fees2 7,,ii7 the cost of legal representation2 and 7,,iii7 the cost to set out a tenant4 7,c7 ,procedural data on the court-ordered or administrative eviction case1 including-- 7i7 the date1 if applicable1 on which the tenant was served with a notice to quit2 7ii7 the date of the initial court filing by the landlord2 7iii7 the reason why the landlord filed for eviction1 such as nonpayment or breach of lease2 7iv7 whether the eviction was as a result of the enforcement of a local ordinance impacting eviction2 7v7 the final outcome of the court-ordered or administrative eviction case1 including-- 7,i7 the disposition of the case1 including whether the initial hearing resulted in a default judgment1 dismissal1 consent agreement1 settlement1 or trial2 7,,ii7 the date of final disposition2 7,,iii7 any amount owed to the landlord or tenant1 if any1 and over what time period2 7,,iv7 whether a judgment was made in favor of the tenant for code violations or warranty of habitability claims2 7,v7 the overall outcome of the case1 including whether the tenant paid any amounts to the landlord and whether the tenant stayed in the housing or was evicted from the housing2 and 7,,vi7 whether the tenant had legal representation and the nature of that representation1 including a lawyer1 a law student participating in a clinic1 or another non-lawyer trained to represent clients in landlord-tenant court1 or whether the tenant was a lawyer representing himself or herself2 7vi7 the total court fees incurred by the tenant1 separated into categories of fees2 7vii7 the total court fees incurred by the landlord2 7viii7 whether the landlord had appeared in landlord-tenant court for a court-ordered or administrative eviction matter involving the landlord in the #f-month1 #a-year1 or #b-year period preceding the court-ordered or administrative eviction case2 and 7ix7 whether the tenant had appeared in landlord-tenant court for a court-ordered or administrative eviction matter involving the landlord in the #f-month1 #a-year1 or #b-year period preceding the court-ordered or administrative eviction case4 7#b7 ,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 established1 including-- 7,a7 the total number of cases filed1 including a breakdown by-- 7i7 the number of cases filed for nonpayment1 other breach of lease1 both nonpayment and breach of lease1 and any other reason2 7ii7 the number of cases filed because of the enforcement of a local ordinance impacting eviction2 and 7iii7 the outcome of the dispositive hearing1 including default judgment1 dismissal1 a consent agreement1 a trial1 and a settlement with or without mediation2 7,b7 the number of tenants and landlords who showed up for the dispositive hearing of a court-ordered or an administrative eviction case1 and how many were represented by counsel2 7,c7 the average duration of a court-ordered or an administrative eviction case1 including the average time from filing to first hearing2 7,d7 the average amount allegedly owed by a tenant1 per landlord2 7,e7 the average months of rent allegedly owed by a tenant2 7,f7 the average amount paid by a tenant to resolve the case and stay in the housing2 7,g7 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 claims2 7,h7 the number and percentage of court-ordered or administrative eviction cases broken down by age bracket2 7,i7 the number and percentage of court-ordered or administrative eviction cases with a tenant or household with children2 7,j7 the number of tenants evicted from public housing1 broken down by each public housing agency2 7,k7 the number of tenants evicted from dwelling units who were receiving tenant-based assistance or project-based assistance under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f72 and 7,l7 the number of court-ordered or administrative eviction or cases where late fees were collected from tenants by landlords1 and the average amount of late fees in those cases4 7#c7 ,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 eviction1 such that the court may determine which court-ordered or administrative evictions resulted in a law enforcement officer or other local official removing the tenant4 7#d7 ,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 #ij days after the court-ordered or administrative eviction4 7#e7 ,data on each illegal eviction ,with respect to each illegal eviction occurring on or after the date on which the database is established1 as reported by local governments and nonprofit organizations receiving grants under section #f3 7,a7 ,the data described in paragraph 7#a77;,a74 7,b7 ,information on the landlord1 including-- 7i7 the name of the landlord2 and 7ii7 any amount that the landlord alleges that the tenant owes1 including any penalties4 7,c7 ,the reason the tenant was evicted4 7,d7 ,if the tenant was evicted for nonpayment1 the amount owed4 7,e7 ,if the tenant was evicted for nonpayment1 the total number of months owed4 7,f7 ,whether the tenant was evicted because of the enforcement of a local ordinance impacting eviction4 7#f7 ,aggregate data on illegal evictions ,aggregate data on illegal eviction cases occurring on or after the date on which the database is established1 as reported by local governments and nonprofit organizations receiving grants under section #f1 including-- 7,a7 the average amount owed by a tenant1 per landlord2 7,b7 the average months of rent owed by a tenant2 7,c7 the number and percentage of illegal eviction cases broken down by age bracket2 7,d7 the number and percentage of illegal eviction cases with a tenant or household with children2 7,e7 the number and percentage of illegal eviction cases broken down by race and ethnicity2 7,f7 the number and percentage of illegal eviction cases broken down by gender2 7,g7 the number and percentage of illegal eviction cases broken down by disability status2 and 7,h7 the number and percentage of illegal eviction cases based on the enforcement of a local ordinance impacting eviction4 7c7 ,submission of data 7#a7 ,submission by courts ,not later than ,march #a of each year1 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 section4 7#b7 ,submission to ,secretary 7,a7 ,in general ,the ,attorney ,general of the ,state shall-- 7i7 ensure the accuracy and consistency of the data submitted under paragraph 7#a72 and 7ii7 upon receipt of the data1 aggregate the data and report the individual and aggregate data to the ,secretary in a timely manner4 7,b7 ,submission by courts ,if the ,attorney general of the ,state fails to submit the data described in paragraph 7#a7 to the ,secretary in a timely manner under subparagraph 7,a71 the clerk of each ,state or local court that handles landlord-tenant cases may submit the data directly to the ,secretary4 7d7 ,guidelines ,the ,secretary shall promulgate rules and establish guidelines for the submission of data under subsection 7c7 and publication of data in the database established under this section1 which shall include-- 7#a7 a technological solution that provides a single point of entry for data submissions to reduce the burden on clerks of the courts2 7#b7 in consultation with local governments and judges1 appropriate safeguards for protecting the privacy of personally identifiable information of vulnerable populations1 which shall incorporate confidentiality measures to ensure that any personally identifiable information regarding a tenant who is a victim of domestic violence1 dating violence1 sexual assault1 or stalking is not disclosed during the process of data submission and publication2 7#c7 standards for-- 7,a7 external researchers to be granted permission to access data in the database1 including both aggregate data and1 if necessary for the conduct of their research1 personally identifiable information1 with appropriate safeguards to ensure identities are protected in any publicly released analysis2 7,b7 the establishment of a research data center to support analysis of that data2 and 7,c7 using generally accepted statistical principles to validate the data1 in consultation with outside participants2 7#d7 methods for collecting data required under subsection 7b7 that are not currently collected2 7#e7 establishing definitions for terms related to the eviction process based on how they are legally defined by courts of jurisdiction handling eviction cases2 and 7#f7 standards for local officials to identify and designate social services agencies that may access the database to provide targeted social services to those tenants4 7e7 ,annual reports ,not later than #a year after the date of enactment of this ,act1 and each year thereafter1 the ,secretary shall make publicly available a report on the contents of the database established under this section4 7f7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary such sums as may be necessary to carry out this section4 #d4 ,grant program to collect data on illegal evictions 7a7 ,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 ,states4 7b7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary such sums as may be necessary for each of fiscal years #bjba through #bjbe to provide grants under this section4 #e4 ,advisory ,committee 7a7 ,in ,general ,the ,secretary shall establish an advisory committee to be known as the ,committee on ,eviction ,research 7in this section referred to as the ,committee7 to advise the ,secretary on matters relating to-- 7#a7 the creation1 operation1 maintenance1 methodology1 and privacy matters of the statistical efforts relating to the database established under section #e2 7#b7 developing a research agenda to determine the causes and consequences of evictions2 and 7#c7 illuminating policies or practices that reduce the number of evictions or mitigate the consequences of evictions4 7b7 ,membership 7#a7 ,in general ,the ,committee shall be composed of #ad members who shall be appointed by the ,secretary1 in consultation with the chair and ranking member of the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate and the chair and ranking member of the ,committee on ,financial ,services of the ,house of ,representatives1 of whom-- 7,a7 #b members shall be employees of the ,department with expertise in housing data and an interest in issues relating to evictions and housing instability2 7,b7 #b members shall be representatives of landlords2 7,c7 #e members shall be from the academic or research community2 7,d7 #c members shall be from civil society1 of whom not less than #b shall be from entities that advocate for civil rights related to housing or eviction2 and 7,e7 #b members shall be from private industry1 civil society1 or the academic community with backgrounds in data science and privacy4 7#b7 ,chair ,the ,secretary shall appoint a chair of the ,committee from among the members of the ,committee4 7#c7 ,period of appointment2 vacancies 7,a7 ,in general ,a member of the ,committee shall be appointed for a period of #b years4 7,b7 ,vacancies ,a vacancy in the ,committee-- 7i7 shall not affect the powers of the ,committee2 and 7ii7 shall be filled in the same manner as the original appointment4 7c7 ,meetings ,the ,committee shall meet-- 7#a7 in person not less frequently than twice each year2 and 7#b7 via teleconference not less frequently than once every #b months4 7d7 ,powers ,in carrying out the duties of the ,committee1 the ,committee may-- 7#a7 hold such hearings1 sit1 and act at such times and places1 take such testimony1 and receive such evidence as the ,committee determines to be appropriate2 7#b7 issue reports1 guidelines1 and memoranda2 7#c7 hold or host conferences and symposia2 7#d7 enter into cooperative agreements with third-party experts to obtain relevant advice or expertise1 and oversee staff2 7#e7 establish subcommittees2 and 7#f7 establish rules of procedure4 7e7 ,gifts ,the ,committee may accept1 use1 and dispose of gifts or donations of services or property4 7f7 ,travel expenses ,the members of the ,committee shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of service for the ,committee4 7g7 ,staff 7#a7 ,in general ,the chair of the ,committee may1 without regard to the civil service laws 7including regulations71 appoint and terminate an executive director and such other additional personnel as may be necessary to enable the ,commission to perform its duties1 except that the employment of an executive director shall be subject to confirmation by the ,commission4 7#b7 ,compensation ,the chair of the ,committee may fix the compensation of the executive director and other personnel without regard to chapter #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 relating to classification of positions and ,general ,schedule pay rates1 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 #ecaf of that title4 7h7 ,report ,not later than #ij days after the date on which the ,committee terminates1 the ,committee shall submit to the ,secretary a report containing-- 7#a7 recommendations for statistical efforts relating to the database established under section #e1 including how additional data may potentially be collected1 consistent with civil rights protections1 to understand eviction trends by race1 gender1 disability status1 ethnicity1 age1 and immigration status2 and 7#b7 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 evictions1 including an assessment of the housing challenges resulting from the prohibition on public housing participation due to the prior eviction of an individual4 7i7 ,no additional funds ,the amounts necessary to carry out this section shall be derived from amounts appropriated or otherwise made available to the ,secretary4