,,ii #aafth ,,congress #b;d ,session ,s4 #dcii ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #c1 #bjbj,ms4 ,harris introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to create a database of eviction information1 establish grant programs for eviction prevention and legal aid1 and limit use of housing court-related records in consumer reports1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,housing ,emergencies ,lifeline ,program ,act of #bjbj or the ,,help ,act of #bjbj4 #b4 ,findings ,congress finds that-- 7#a7 housing is fundamentally an issue of economic and racial justice and a critical determinant of health2 7#b7 the #bjjh financial crisis was a ,great ,depression-level event for ,black ,americans1 wiping out decades of gains in ,black homeownership1 which has now fallen to its lowest rate since the passage of the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfja et seq47 in #aifh2 7#c7 ,black borrowers were #gf percent more likely to have lost their home to foreclosure than ,white borrowers during the foreclosure crisis2 7#d7 ,black and ,hispanic households continue to be about twice as likely as ,white households to rent their homes2 7#e7 in #bjaf1 #eh percent of ,black household heads and #ed percent of ,hispanic household heads were renting their homes1 compared with #bh percent of ,white household heads2 7#f7 while cost burdens affect households of all races and ethnicities1 ,black and ,brown renters are much more likely to be burdened1 with #ee percent of ,black renters considered to be rent burdened compared to only #dc percent of ,white renters2 7#g7 ,black households account for #ab percent of all households in the ,united ,states1 but #ai percent of all renters and #bf of all renter households with extremely low incomes2 7#h7 prior to the ,,covid-#ai pandemic1 it was estimated that around #c1gjj1jjj evictions are filed every year1 a rate of about #g every minute2 7#i7 across the ,united ,states1 #a in #bj renters faces an eviction every year1 but for ,black renters1 the number is #a in #aa2 7#aj7 every day families are displaced by the eviction crisis1 a reality that is only further exacerbated by the ,,covid-#ai pandemic and that falls disproportionately on ,black renters1 in particular ,black women renters2 7#aa7 the ,department of ,housing and ,urban ,development does not require the reporting or collection of eviction data1 including among households in federally assisted housing1 and should be required to do so2 7#ab7 the ,american ,civil ,liberties ,union's analysis of ,eviction ,lab data found that1 on average1 ,black renters had evictions filed against them at nearly twice the rate of ,white renters and that ,black women specifically were filed against for eviction at double the rate of ,white renters or higher in #ag of #cf ,states2 7#ac7 right to counsel is a matter of racial justice1 equity1 and ensuring equal protection under the law2 7#ad7 in the ,united ,states1 it is estimated that more than #ij percent of landlords are represented in housing court proceedings1 compared to less than #aj percent of tenants in those proceedings2 7#ae7 a ,massachusetts study found that tenants who were provided full representation were twice as likely to remain in their homes1 saved #d times as much rent1 and paid #j to their landlord as compared to those receiving limited or no legal assistance2 and 7#af7 a ,california study of the ,shriver ,civil ,counsel ,program found that #ia percent of ,shriver cases ended with the eviction record sealed1 #ha percent with the eviction not reported to a credit agency1 and #ga percent with a neutral reference provided by the landlord1 tenants in such cases saved nearly #hjj more in reduced rent and other fees while paying holdover damages or attorney's fees only half as often1 and #ga percent of represented clients that had been required to move had obtained a new rental unit1 compared to #dc percent of unrepresented tenants4 #c4 ,definitions ,in this ,act3 7#a7 ,assistance ,the term assistance-- 7,a7 means any grant1 loan1 subsidy1 contract1 cooperative agreement1 or other form of financial assistance2 and 7,b7 does not include the insurance or guarantee of a loan1 mortgage1 or pool of loans or mortgages4 7#b7 ,covered federally assisted rental dwelling unit ,the term covered federally assisted rental dwelling unit means a residential dwelling unit that is made available for rental and for which assistance is provided1 or that is part of a housing project for which assistance is provided1 under any program administered by the ,secretary of ,housing and ,urban ,development1 including-- 7,a7 the public housing program under the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg et seq472 7,b7 the programs for tenant- and project-based rental assistance under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f72 7,c7 the ,,home ,investment ,partnerships program under subtitle ,a of title ,,ii of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abgda et seq472 7,d7 the programs for homeless assistance under title ,,iv of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacfj et seq472 7,e7 the program for supportive housing for the elderly under section #bjb of the ,housing ,act of #aiei 7#ab ,u4,s4,c4 #agjaq72 7,f7 the program for supportive housing for persons with disabilities under section #haa of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #hjac72 7,g7 the program for housing opportunities for persons with ,,aids under subtitle ,d of title ,,viii of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abija et seq472 7,h7 the ,housing ,trust ,fund program under section #acch of the ,housing and ,community ,development ,act of #aiib 7#ab ,u4,s4,c4 #defh72 7,i7 the program for ,native ,american housing under the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #daja et seq472 and 7,j7 the program for housing assistance for ,native ,hawaiians under title ,,viii of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dbba et seq474 7#c7 ,covered housing ,the term covered housing means a dwelling unit assisted with amounts made available1 or a loan or mortgage made1 insured1 or guaranteed1 under-- 7,a7 any of the programs described in subparagraphs 7,a7 through 7,g7 of paragraph 7#b72 or 7,b7 the community development block grant program under title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq474 7#d7 ,covered housing assistance ,the term covered housing assistance means assistance provided under any program described in paragraph 7#c74 7#e7 ,legal counsel ,the term legal counsel means full representation by an attorney throughout proceedings in issue4 7#f7 ,owner ,the term owner means any private person or entity1 including a cooperative1 an agency of the ,federal ,government1 or a public housing agency1 having the legal right to lease or sublease dwelling units4 7#g7 ,secretary ,the term ,secretary means ,secretary of ,housing and ,urban ,development4 #d4 ,database of eviction information 7a7 ,reports by housing providers 7#a7 ,in general ,the ,secretary shall require each ,state and local entity that receives covered housing assistance to submit to the ,secretary annual reports under this section regarding evictions from assisted dwelling units of the covered housing occurring during the preceding year4 7#b7 ,contents ,each report submitted under paragraph 7#a7 shall include-- 7,a7 for each household subject to an eviction proceeding during the year covered by the report-- 7i7 the reason or reasons that the eviction proceeding was undertaken and1 in the case of any eviction proceeding undertaken in whole or in part based on an arrearage in rent owed1 the amount of the arrearage and the amount of the required contribution of the tenant toward rent2 7ii7 the date on which the household was ordered to be evicted2 7iii7 the address of the dwelling unit from which the household was evicted2 7iv7 whether the household was represented by legal counsel in any eviction proceeding1 if that information is available2 7v7 the number of days the household was given to vacate the dwelling unit1 if that information is available2 and 7vi7 whether a writ of execution was issued in regards to the eviction2 and 7,b7 for each individual in any household subject to an eviction proceeding during the year covered by the report-- 7i7 the name of the individual2 7ii7 the annual income of the individual in the fiscal year prior to the year during which the individual was evicted1 if that information is available2 7iii7 the disability status of the individual evicted2 7iv7 any available demographic information about the individual1 including race1 ethnicity1 age1 and gender2 7v7 any foster care history for the individual2 7vi7 any serious physical health problems or serious mental illness of the individual1 if that information is available2 7vii7 any history of prior homelessness of the individual1 if that information is available2 and 7viii7 whether the individual has a criminal record1 if that information is available4 7#c7 ,data requirements ,the ,secretary shall develop requirements for ,states and local entities that receive covered housing assistance that-- 7,a7 provide that the provision of the information being collected under this subsection shall be voluntary on the part of any individual or household who is or was a tenant in an assisted dwelling unit of covered housing2 7,b7 provide limitations on how long the information described in paragraph 7#b7 shall be retained2 7,c7 establish data privacy and security requirements for the information described in paragraph 7#b7 that include appropriate measures to ensure that the privacy of the individuals and households is protected and that the information1 including any personally identifiable information1 is collected and used only for the purpose of submitting reports under paragraph 7#a72 and 7,d7 provide confidentiality protections for data collected about any individuals who are survivors of intimate partner violence1 sexual assault1 or stalking4 7b7 ,database 7#a7 ,in general ,the ,secretary shall establish a database for collecting and maintaining information contained in reports submitted under subsection 7a74 7#b7 ,privacy protections ,the ,secretary shall establish appropriate measures regarding information in the database established under paragraph 7#a7 to ensure that the privacy of the individuals and households is protected and that any personally identifiable information is not disclosed4 7#c7 ,disaggregation ,to the extent possible1 the database established under paragraph 7#a7 shall be disaggregated by race1 gender1 income1 and disability4 #e4 ,assistance for eviction-related legal aid ,there is authorized to be appropriated to the ,secretary #aj1jjj1jjj1jjj for fiscal year #bjba1 to remain available until expended1 for assistance under the ,emergency ,solutions ,grants program under subtitle ,b of title ,,iv of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacga et seq471 to be used only for-- 7#a7 providing legal counsel for tenants subject to or at risk of eviction with regard to any eviction-related legal proceeding2 and 7#b7 costs of any court fees associated with an eviction-related legal proceeding for a tenant1 excluding any attorney's fees for the attorney of the landlord of the tenant4 #f4 ,consumer reports ,the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afja et seq47 is amended-- 7#a7 by inserting after section #fje;,b 7#ae ,u4,s4,c4 #afha;c-#b7 the following3 #fje;,c4 ,adverse information relating to housing court records 7a7 ,in general ,a consumer reporting agency may only furnish a consumer report containing an adverse item of information relating to a landlord-tenant action if-- 7#a7 the landlord in the action prevailed in a final judgment2 and 7#b7 the tenant in that action was not a minor on the date that the court claim was filed4 7b7 #a-,year limitation ,a consumer reporting agency shall remove from a consumer report any adverse item of information relating to a landlord-tenant action not later than #a year after the date of the landlord-tenant action4 2 and 7#b7 in the table of contents1 by inserting after the item relating to section #fje;,b the following3 #fje;,c4 ,adverse information relating to housing court records4 4 #g4 ,eviction information 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall issue regulations that require each owner of a covered federally assisted rental dwelling unit to ensure that each tenant of the dwelling unit owned by the owner receives information not less than once each year about-- 7#a7 the rights and responsibilities of the owner with regard to eviction2 and 7#b7 local organizations and resources that can provide assistance in eviction-related matters4 7b7 ,hotline ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall establish a hotline to provide assistance with regard to eviction-related matters to tenants of covered federally assisted rental dwelling units4