,,ii #aagth ,,congress #ast ,session ,s4 #bahb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bb1 #bjba,mr4 ,bennet 7for himself1 ,mr4 ,portman1 ,mr4 ,young1 and ,mr4 ,brown7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,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 ,eviction ,crisis ,act of #bjba4 #b4 ,findings ,congress finds that-- 7#a7 based on the best available data1 more than #c1jjj1jjj evictions are filed in an average year in the ,united ,states1 affecting individuals and families in urban1 suburban1 and rural areas alike2 7#b7 evictions impose significant costs on tenants1 landlords1 and communities as a whole2 7#c7 evictions disproportionately affect certain populations and communities1 including families with children and renters of color who face a particularly high risk of eviction2 7#d7 collecting more comprehensive and consistent data through a national eviction database would foster a deeper understanding of the causes and contours of the eviction crisis as well as what efforts can be made to prevent or mitigate the consequences of evictions when they are unavoidable2 7#e7 expanding landlord-tenant community courts would benefit both landlords and tenants1 as these courts can offer services that help tenants become current again on their obligations or offer alternatives to eviction that avoid homelessness or housing instability while also providing landlords with less costly alternatives to eviction2 7#f7 emergency assistance programs that provide short-term support to tenants facing a temporary emergency can also help prevent evictions and homelessness for low-income households2 7#g7 past evictions or eviction filings can contribute to the cycle of poverty by appearing on credit reports1 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 home2 7#h7 the ,legal ,services ,corporation1 established in #aigd under the ,legal ,services ,corporation ,act 7#db ,u4,s4,c4 #biif et seq47 and funded by ,congress to provide grants for free civil legal aid1 has documented-- 7,a7 the ongoing justice gap in which #hf percent of the civil legal problems reported by low-income people in the ,united ,states1 including housing-related legal issues1 are handled with inadequate or no assistance from an attorney or other legal professional2 and 7,b7 that more than #ej 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 resources2 7#i7 the ,national ,center for ,access to ,justice determined that in #gi percent of housing cases1 the tenants are not represented by a lawyer2 and 7#aj7 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 counsel4 #c4 ,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 ,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 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 ,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#f7 ,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#g7 ,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 survivors of crime1 including survivors 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#h7 ,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#i7 ,secretary ,the term ,secretary means the ,secretary of ,housing and ,urban ,development4 7#aj7 ,tribally designated housing entity ,the term tribally designated housing entity has the meaning given the term in section #d of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc74 #d4 ,landlord-tenant focused community courts 7a7 ,in general ,the ,attorney ,general1 acting through the ,bureau of ,justice ,assistance1 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 assist tenants4 7b7 ,goals for process ,the process described in subsection 7a7 is-- 7#a7 intended to-- 7,a7 divert landlords and tenants from proceeding with a court-ordered eviction1 which places costly burdens on landlords1 tenants1 the court system1 and taxpayers2 and 7,b7 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 eligible2 and 7#b7 not intended to keep tenants in housing that they will be unable to afford4 7c7 ,diversity requirement ,in making grants under this section1 the ,attorney ,general shall ensure that landlord-tenant focused community courts-- 7#a7 are assisted in jurisdictions that serve urban areas1 suburban areas1 and rural areas2 7#b7 are assisted in serving communities that have high rates of eviction and eviction filings or a large total number of evictions and eviction filings1 based on the best available data2 7#c7 are assisted in serving families with children2 7#d7 provide assistance to individuals with limited ,english proficiency2 7#e7 provide effective communication with individuals with disabilities2 and 7#f7 are located in facilities that are accessible to individuals with disabilities and easily accessible by low-income individuals using public transportation4 7d7 ,application ,a ,state or local jurisdiction desiring a grant under this section shall submit to the ,attorney ,general an application at such time1 in such manner1 and containing-- 7#a7 a demonstrated unmet need in the community for a landlord-tenant community court2 7#b7 evidence of support from representatives of various and diverse stakeholders within the community1 including renters' rights groups1 landlords1 and legal aid nonprofit organizations2 7#c7 a detailed description of how the grant will be spent2 7#d7 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 to1 as applicable1 to alleviate the eviction crisis1 including a description of which cases will be diverted to the landlord-tenant community court2 7#e7 a description of any local ordinance impacting eviction2 7#f7 a description of how the landlord-tenant community court will not be designed to lengthen the process of pursuing a legitimate eviction1 limit the access of landlords to the traditional justice system1 curtail the right of landlords to evict1 or limit or curtail the due process or civil rights of any tenant or housing resident2 and 7#g7 any other information as the ,attorney ,general may require1 including information sought in consultation with the ,secretary4 7e7 ,data ,beginning #a year after the date on which a ,state or local jurisdiction receives a grant under this section1 and not later than #b years after that date1 the ,state or local jurisdiction1 as applicable1 shall submit to the ,attorney ,general and the ,secretary a report containing-- 7#a7 any aggregate data on landlord-tenant cases filed in that ,state or local jurisdiction as the ,attorney ,general or the ,secretary may require2 7#b7 the data described in subparagraphs 7,a7 and 7,b7 of section #e7;b77#a7 and section #e7;b77#b71 as applicable2 and 7#c7 any other information as the ,attorney ,general or the ,secretary may require4 7f7 ,awarding grants ,the ,attorney ,general may award grants under this section in #c rounds1 with not fewer than #e grants awarded in the first round4 7g7 ,matching requirement 7#a7 ,in general ,as a condition of a grant provided under this section1 the ,attorney ,general shall require the recipient of the grant to contribute an amount equal to or more than the amount of the grant1 obtained solely from non-,federal sources4 7#b7 ,form ,in addition to cash or other direct funding1 the contribution required by the ,attorney ,general under paragraph 7#a7 may include indirect costs or in-kind contributions paid for under non-,federal programs4 7h7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section4 #e4 ,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 age of the tenant2 7iii7 the race1 ethnicity1 gender1 and disability status of the tenant2 7iv7 the address of the residential property and the type of housing2 7v7 the number of household members residing in the property1 including the number of children2 and 7vi7 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 number of rental units owned by the landlord2 7iii7 the name of the attorney or legally permitted representative of the landlord1 or an indication that the landlord was self-represented2 7iv7 the rent charged for the unit in question2 7v7 any amount that the landlord alleges that the tenant owes1 including-- 7,i7 rent2 7,,ii7 late fees and penalties2 and 7,,iii7 court fees and attorney's fees2 and 7vi7 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 asserted by the landlord for filing 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 whether the tenant moved out before the initial hearing2 and 7vi7 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 landlord1 whether the tenant stayed in the housing or was evicted from the housing1 and whether the judge ordered that the tenant's future wages be garnished to pay the judgment2 and 7,,vi7 whether the tenant was present when the judgment was rendered and 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 7vii7 the total court fees incurred by the tenant1 separated into categories of fees2 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 case1 and how many were such appearances involving the same tenant2 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 case1 and how many were such appearances involving the same landlord4 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 case2 7,c7 the number and share of tenants and landlords who were represented by counsel1 and the number and share of landlords who were represented by counsel when not legally required to be so represented2 7,d7 the average duration of a court-ordered or an administrative eviction case1 including the average time from filing to first hearing2 7,e7 the average amount allegedly owed by a tenant1 per landlord2 7,f7 the average months of rent allegedly owed by a tenant2 7,g7 the average amount paid by a tenant to resolve the case and stay in the housing2 7,h7 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,i7 the number and percentage of court-ordered or administrative eviction cases broken down by age bracket2 7,j7 the number and percentage of court-ordered or administrative eviction cases broken down by race and ethnicity2 7,k7 the number and percentage of court-ordered or administrative eviction cases broken down by gender2 7,l7 the number and percentage of court-ordered or administrative eviction cases broken down by disability status2 7,m7 the number and percentage of court-ordered or administrative eviction cases with a tenant or household with children2 7,n7 the number of tenants evicted from public housing1 broken down by each public housing agency2 7,o7 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;f71 the supplemental nutrition assistance program under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq471 or the temporary assistance for needy families under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq472 and 7,p7 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 primary reason or reasons 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 sex2 7,h7 the number and percentage of illegal eviction cases broken down by sexual orientation2 7,i7 the number and percentage of illegal eviction cases broken down by disability status2 and 7,j7 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 information1 including of vulnerable populations1 which shall incorporate confidentiality measures to ensure that any personally identifiable information regarding a tenant who is a survivor 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 section which shall not include personally identifiable information4 7f7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary such sums as may be necessary to carry out this section4 #f4 ,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 #bjbj through #bjbd to provide grants under this section4 #g4 ,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 disseminating information with regard to 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 #af 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 #c members shall be landlords or representatives of landlords1 at least #a of whom shall be a small or independent landlord or a representative of small or independent landlords2 7,c7 #d members shall be from the academic or research community2 7,d7 #c members shall be from civil society1 of whom-- 7i7 not less than #b shall be from entities that advocate for civil rights related to housing or eviction2 and 7ii7 not less than #a shall have experienced eviction2 7,e7 #b members shall be from private industry1 civil society1 or the academic community with backgrounds in data science and privacy2 and 7,f7 #b members shall be individuals with specific knowledge of and expertise in eviction law and court procedures4 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 in person or via electronic conference 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 sex1 gender1 sexual orientation1 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 #h4 ,emergency assistance program 7a7 ,in general ,the ,secretary is authorized to make funds available to ,state1 local1 territorial1 and ,tribal governments 7in this section referred to as eligible grantees7 for the purpose of providing financial assistance and housing stabilization services to extremely low-income households to prevent evictions1 homelessness1 and other housing instability4 7b7 ,distribution of funds ,an eligible grantee receiving assistance under this section may distribute all or a portion of such assistance to private nonprofit organizations1 other government entities1 public housing agencies1 ,tribally designated housing entities1 or other entities as determined by the ,secretary to carry out programs in accordance with this section4 7c7 ,designation ,an eligible grantee that receives a grant under this section may designate #a or more entities to carry out programs in accordance with this section4 7d7 ,household eligibility 7#a7 ,in general ,a household that is eligible to receive assistance under a program established under this section 7in this section referred to as an eligible household7 shall be-- 7,a7 extremely low-income1 as defined in section #c7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b772 7,b7 at risk of housing instability and experiencing a short-term crisis1 as attested to in writing by the household1 which may include-- 7i7 a decline in household income2 7ii7 a family or health crisis2 7iii7 unexpected expenses2 7iv7 unsafe or unhealthy living conditions2 or 7v7 any other event as determined by the ,secretary2 and 7,c7 obligated to pay rent on a residential dwelling or experiencing homelessness1 as defined in section #ajc of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacjb74 7#b7 ,housing type ,assistance under a program established under this section shall be provided to eligible households regardless of housing type1 or lack thereof1 including-- 7,a7 rental properties1 hotels1 or motels where the households are covered by ,state1 ,tribal1 or local eviction laws2 7,b7 manufactured housing2 7,c7 mobile homes2 7,d7 single rooms2 and 7,e7 other types of subsidized and unsubsidized housing4 7#c7 ,lease requirements ,assistance under a program established under this section shall be provided to eligible households with written or oral leases1 subleases1 or informal tenancy arrangements1 allowing households to self-certify lease agreements4 7e7 ,limitation 7#a7 ,in general ,assistance under a program established under this section shall be provided to an eligible household for arrears and a period not to exceed #d months during any period of #c years1 except that grantees may provide assistance for an additional #c months only if necessary to ensure housing stability for the eligible household1 subject to the availability of funds4 7#b7 ,exception for periods of high unemployment1 emergency1 or major disaster ,assistance under a program established under this section shall be provided to an eligible household for a period not to exceed #ab months1 except that grantees may provide assistance for an additional #c months only if necessary to ensure housing stability for the eligible household1 subject to the availability of funds-- 7,a7 if for any month during the fiscal year the average rate of unemployment 7seasonally adjusted7 for the ,united ,states or for the ,state in which the eligible grantee is located1 for the period consisting of the most recent #c months for which data for all ,states are published1 equals or exceeds #e4e percent2 or 7,b7 in any fiscal year in which a declaration of a major disaster or emergency under section #dja or #eja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj1 #eaia7 is in effect with respect to the jurisdiction covered by an eligible grantee4 7f7 ,use of funds 7#a7 ,in general ,an eligible grantee shall-- 7,a7 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 households2 and 7,b7 evaluate the eligibility of households in a manner consistent with ,federal nondiscrimination requirements4 7#b7 ,financial assistance ,a recipient of a grant under this section shall use the grant funds to provide housing-related financial assistance to eligible households in the form of payments1 including-- 7,a7 direct payments to the eligible households2 and 7,b7 the payment of-- 7i7 rent and rent arrears2 7ii7 utilities and home energy costs and utilities and home energy costs arrears2 7iii7 relocation costs2 and 7iv7 other housing-related expenses1 as defined by the ,secretary4 7#c7 ,housing stability-related services ,not more than #be percent of amounts received by a recipient of a grant under this section shall be used to provide housing stability- related services to eligible households1 including-- 7,a7 services for case management1 including community resources to negotiate and resolve issues to keep eligible households housed2 7,b7 rehousing and relocation services2 7,c7 services provided by housing counseling agencies approved by the ,department to negotiate and resolve financial issues2 7,d7 legal services2 7,e7 services to connect those eligible households to other public supports1 including long-term housing assistance2 7,f7 referrals to other services for behavioral1 emotional1 and mental health issues1 domestic violence1 child welfare issues1 employment1 substance abuse treatment1 or other services2 and 7,g7 other services to promote housing stability as determined by the ,secretary4 7#d7 ,evaluation ,of amounts made available under subsection 7n7 for fiscal year #bjbb1 not more than #aj1jjj1jjj shall be used by the ,secretary to conduct a rigorous program evaluation under subsection 7k74 7#e7 ,administrative costs ,a recipient of a grant under this section may not use more than #aj percent of the total amount received under this section for administrative costs4 7g7 ,allocation of resources 7#a7 ,initial eligibility ,the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services1 the ,secretary of the ,treasury1 and the ,secretary of ,agriculture1 shall develop a formula for determining the initial funding eligibility for eligible grantees based on-- 7,a7 the number of extremely low-income renter households with severe cost burdens1 the number of extremely low-income households experiencing severe overcrowding1 and the unemployment rate in each jurisdiction2 7,b7 the prior performance of the grantee1 including whether the eligible grantee has any unresolved1 systemic housing-related civil rights violations2 and 7,c7 other factors as determined by the ,secretary4 7#b7 ,notification of initial eligibility ,the ,secretary shall notify eligible grantees of their initial eligibility for funding within #cj days of the date of enactment of the appropriate ,act making appropriations for the ,department for the fiscal year4 7#c7 ,statement of grantee interest and commitment ,within #ij days of receiving the notification described in paragraph 7#b71 each eligible grantee shall-- 7,a7 notify the ,secretary of its intent to participate in the program authorized by this section during the fiscal year for which the ,secretary is making funds available2 and 7,b7 if the eligible grantee notifies the ,secretary of its intent to participate in the program1 the eligible grantee shall concurrently submit-- 7i7 a detailed plan describing how the eligible grantee will-- 7,i7 use the funds to prevent evictions1 homelessness1 and other housing instability1 consistent with the requirements of this section1 including any plans to distribute the funds to private nonprofit organizations1 other government entities1 public housing agencies1 or other entities as determined by the ,secretary2 7,,ii7 implement and administer a program to distribute funds quickly and efficiently to eligible households1 including through the use of appropriate technology2 7,,iii7 make the plan publicly accessible2 and 7,,iv7 raise awareness of the availability of assistance under the plan1 including among renters and rental property owners2 and 7ii7 a statement that the eligible grantee will participate in a rigorous evaluation of the effectiveness of the program1 if requested to do so by the ,secretary4 7#d7 ,plan submission and public availability ,an eligible grantee shall-- 7,a7 make the plan submitted under paragraph 7#c77;,b77i7 publicly available on a website of the eligible grantee1 including in a format that is accessible to individuals with disabilities2 and 7,b7 conduct public hearings and solicit comment on the plan submitted under paragraph 7#c77;,b77i7 using the procedure described in paragraph 7#e74 7#e7 ,public hearing and solicitation of comments 7,a7 ,in general ,in conducting public hearings and soliciting comments on a plan submitted under paragraph 7#c77;,b77i71 each eligible grantee shall follow the requirements of the citizen participation plan adopted pursuant to section #ia4aje of title #bd1 ,code of ,federal ,regulations1 or any successor regulation1 except as provided in this paragraph4 7,b7 ,initial hearing ,before submitting the plan to the ,secretary required under paragraph 7#c77;,b77i71 an eligible grantee shall-- 7i7 hold a public hearing on the plan2 and 7ii7 provide the public with a reasonable opportunity to view and comment on the plan1 which shall be for a period of not less than #aj days4 7,c7 ,subsequent hearings ,not later than #fj days after the initial hearing under subparagraph 7,b71 an eligible grantee shall conduct a public hearing to solicit feedback on grants provided under this section4 7,d7 ,consultation ,in addition to any other citizen participation and consultation requirements1 in developing and implementing a plan to carry out this section1 each eligible grantee shall consult with-- 7i7 the applicable ,continuum or ,continuums of ,care for the area served by the eligible grantee2 7ii7 organizations representing underserved communities and populations2 and 7iii7 organizations with expertise in affordable housing1 fair housing1 and services for individuals with disabilities4 7#f7 ,allocation of prorated funds ,not later than #abj days after the enactment of appropriations ,act making appropriations for the program authorized under this section1 the ,secretary shall allocate to each eligible grantee that notified the ,secretary of its intent to participate in the program1 consistent with the requirements in paragraph 7#c71 the amount of funding for which the eligible grantee is eligible under the formula described in paragraph 7#a71 plus any additional prorated amounts made available as a result of ,state1 local1 and ,tribal governments having notified the ,secretary of their intent to decline to participate or has indicated its intent not to participate under the terms of paragraph 7#c71 in accordance with the payment schedule described in paragraph 7#h74 7#g7 ,distribution of declined funds 7,a7 ,in general ,if the ,secretary determines as of #abj days after the enactment of appropriations for the program authorized under this section that an eligible grantee has declined to receive its full allocation or has not indicated its intent to participate1 not later than #ae days after such date1 the ,secretary-- 7i7 except as provided in clause 7ii7 and subparagraph 7,b71 shall redistribute1 on a pro rata basis1 such allocation among the other eligible grantees in the ,state 7or ,states1 if the eligible grantee is a ,tribal government with jurisdiction in more than #a ,state7 that have not declined to receive their allocations2 or 7ii7 if no other eligible grantees exist in a relevant ,state1 may contract with units of local government within the ,state to administer funds within the ,state4 7,b7 ,exception ,if a redistribution under subparagraph 7,a77i7 would result in eligible grantees in a ,state receiving an increase of not less than #bj percent in funds received under the grant program1 any amount above the #bj percent increase in funds shall be returned to the ,secretary and distributed across all eligible grantees that did not decline their full allocation4 7h7 ,continuous improvement ,the ,secretary shall establish a process that incorporates findings from rigorous evaluation of the grant program authorized under this section into subsequent guidance and best practices for eligible grantees4 7i7 ,evaluation of grantees ,the ,secretary shall-- 7#a7 using data provided by eligible grantees1 conduct a rigorous evaluation of the grant program authorized under this section that includes an assessment of-- 7,a7 the ease with which eligible households are able to access assistance2 7,b7 the effectiveness of the intervention models of the program in preventing housing instability in general and for eligible households of different types and income levels2 7,c7 the cost-effectiveness of the program2 and 7,d7 other indicators as determined by the ,secretary2 7#b7 publicly disseminate1 through internet websites and other means1 interim findings as soon as they become available relating to programs established by recipients of a grant under this section2 and 7#c7 make the evaluations described in paragraph 7#a7 publicly available4 7j7 ,reporting requirements 7#a7 ,in general ,the ,secretary shall publish public reports not less frequently than annually regarding the use of funds made available under this section1 which shall include1 with respect to each eligible grantee under this section-- 7,a7 the number of eligible households that receive assistance2 7,b7 the acceptance rate of applicants for assistance2 7,c7 the type or types of assistance provided to each eligible household2 7,d7 the average amount of funding provided per eligible household receiving assistance2 7,e7 the average number of monthly rental or utility payments that were covered by the funding amount that an eligible household received1 as applicable2 7,f7 the rate of evictions in the jurisdiction2 and 7,g7 the rate of evictions of households that received assistance under this program in the jurisdiction4 7#b7 ,data ,each report under this subsection shall disaggregate the information relating to eligible households by the gender1 race1 and ethnicity of the primary applicant for assistance in those eligible households4 7#c7 ,alternative requirements ,the ,secretary may establish alternative reporting requirements for ,tribal and territorial eligible grantees and ,tribally designated housing entities in carrying out activities under this section1 including exempting ,tribal eligible grantees and ,tribally designated housing entities from-- 7,a7 the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfja et seq472 and 7,b7 the citizen participation and consultation requirements under subpart ,b of part #ia of title #bd1 ,code of ,federal ,regulations1 or any successor regulation4 7#d7 ,privacy requirements 7,a7 ,in general ,each eligible grantee that receives a grant under this section shall establish data privacy and security requirements for the information described in paragraph 7#a7 that-- 7i7 include appropriate measures to ensure that the privacy of individuals is protected2 7ii7 provide that the information1 including any personally identifiable information1 is collected and used only for the purpose of submitting reports under paragraph 7#a72 and 7iii7 provide confidentiality protections for data collected about any individuals who are survivors of intimate partner violence1 sexual assault1 or stalking4 7,b7 ,statistical research 7i7 ,in general ,the ,secretary-- 7,i7 may provide full and unredacted information provided under subparagraphs 7,a7 through 7,f7 of paragraph 7#a71 including personally identifiable information1 for statistical research purposes in accordance with existing law2 and 7,,ii7 may collect and make available for statistical research1 at the census block group level1 information collected under subparagraph 7,a74 7ii7 ,application of privacy requirements ,a recipient of information under clause 7i7 shall establish for such information the data privacy and security requirements described in subparagraph 7,a74 7#e7 ,provision of data ,each eligible grantee shall provide to the ,secretary such data as may be necessary for the ,secretary to complete the reporting requirements under this subsection4 7k7 ,report on program ,not later than #e years after the establishment of the program under this section1 the ,secretary shall submit to the ,committee on ,banking1 ,housing1 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-- 7#a7 evaluating the effectiveness of the strategies pursued under the grant program2 and 7#b7 that includes recommendations for any necessary changes to law4 7l7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated #c1jjj1jjj1jjj for each of fiscal years #bjbb through #bjbf1 and such sums as may be necessary for each fiscal year thereafter1 to carry out this section4 7#b7 ,reservation of funds for ,tribal communities ,of the amount appropriated under paragraph 7#a71 the ,secretary shall reserve #i1fjj1jjj for activities and assistance authorized under titles ,i and ,,viii of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #daaa et seq47 and title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq47 with respect to ,indian ,tribes1 which shall be made available for entities that are eligible for payments under clauses 7i7 and 7ii7 of section #eja7;b77#b77;,a7 of subtitle ,a of title ,v of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj74 7#c7 ,allocation for ,states1 territories1 and units of local government ,the amount appropriated under paragraph 7#a7 for a fiscal year that remains after the application of paragraph 7#b7 shall be allocated to eligible grantees that are eligible under subtitle ,a of title ,,ii of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abgda et seq471 to be used in a manner that conforms to the formula authorized under section 7f74 7#d7 ,pro rata availability ,the ,secretary shall only distribute a pro rata amount of the total appropriated under paragraph 7#a7 in a fiscal year based on the number of eligible grantees that are eligible to receive a grant due to the limitation described in subsection 7m77#d74 7m7 ,availability 7#a7 ,in ,general ,each eligible grantee shall-- 7,a7 with respect to the first #b fiscal years in which grants are awarded under this section-- 7i7 obligate not less than #fj percent of such grant amounts within #b years of the date that such funds become available to the eligible grantee for obligation2 and 7ii7 obligate #ajj percent of such grant amounts within #c years of such date2 and 7,b7 for each subsequent fiscal year-- 7i7 obligate not less than #fj percent of such grant amounts within #a year of the date that such funds become available to the eligible grantee for obligation2 and 7ii7 obligate #ajj percent of such grant amounts within #b years of such date4 7#b7 ,reallocation after #b years 7,a7 ,in general ,the ,secretary may recapture any amounts not obligated in compliance with paragraph 7#a77;,a7 and reallocate and repay such amounts to eligible grantees in compliance that1 at the time of reallocation1 have obligated not less than #fe percent of the amount originally allocated and paid to the eligible grantee4 7,b7 ,amount ,the amount of a reallocation described in subparagraph 7,a7 shall be determined based on demonstrated need within the jurisdiction covered by the eligible grantee1 as determined by the ,secretary4 7#c7 ,rescission and reallocation of funds ,an eligible grantee may use any funds from grants made under this section that are unobligated within #c years for purposes in addition to those specified in this section1 provided that such other purposes are affordable housing purposes1 as defined by the ,secretary1 serving very low-income families 7as such term is defined in section #c7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b774 7#d7 ,limitation on availability of funds ,an eligible grantee may only receive a grant under this section after the earlier of-- 7,a7 the date on which the eligible grantee has expended all funds provided under the emergency rental assistance programs under section #eja of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj7 and section #cbja of the ,american ,rescue ,plan ,act 7,public ,law #aag-b72 or 7,b7 the date on which funds provided under the emergency rental assistance programs under section #eja of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj7 and section #cbja of the ,american ,rescue ,plan ,act 7,public ,law #aag-b7 are no longer available for obligation4 7n7 ,prohibition on prerequisites ,none of the funds made available pursuant to this section may be used to require any eligible household receiving assistance under the program under this section to receive treatment or perform any other prerequisite activities as a condition for receiving shelter1 housing1 or other services4 7o7 ,use of self-,certification or self-,attestation ,the ,secretary shall require eligible grantees to allow eligible households to use self-certification or self-attestation to meet statutory or regulatory requirements1 to the greatest extent possible4 7p7 ,treatment of assistance ,assistance provided to an eligible household from a payment made under this section shall not be regarded as income and shall not be regarded as a resource for purposes of determining the eligibility of the eligible household or any member of the eligible household for benefits or assistance1 or the amount or extent of benefits or assistance1 under any ,federal program or under any ,state1 local1 or ,tribal program financed in whole or in part with ,federal funds4 7q7 ,written notice of denial of assistance ,an eligible household that is denied assistance by an eligible grantee under the grant program under this section shall receive written notice of the denial of assistance within #e days of the denial1 which shall describe the basis for the denial and provide the eligible household with not less than #aj days to correct or amend the application4 7r7 ,non-,supplantation requirement ,an eligible grantee under this section shall expend1 from other ,federal funding sources available to the eligible grantee1 an amount equal to the average fiscal year amount of total expenditures the eligible grantee made for eviction prevention1 housing stabilization1 and homelessness assistance for fiscal years #bjag1 #bjah1 and #bjai for those same activities during the fiscal year for which funds are paid to an eligible grantee under this section4 #i4 ,tenant screening reports ,the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afja et seq47 is amended-- 7#a7 in section #fjd 7#ae ,u4,s4,c4 #afha;b71 by adding at the end the following3 7h7 ,additional requirement relating to use of consumer report for rental housing ,if a person procures a consumer report1 or causes a consumer report to be procured1 from a consumer reporting agency in connection with evaluating a consumer applying for tenancy in rental housing1 the consumer reporting agency shall provide to the consumer a copy of the consumer report4 2 and 7#b7 in section #fje7;a7 7#ae ,u4,s4,c4 #afha;c7a771 by adding at the end the following3 7#i7 ,eviction judgments and related suits in instances of an eviction judgment that is in the favor of the tenant4 4 #aj4 ,,gao study and report 7a7 ,study ,the ,comptroller ,general of the ,united ,states shall conduct a comprehensive qualitative and quantitative study to-- 7#a7 track evictions during the period for which appropriate data is available or the #cj-year period preceding the date of enactment of this ,act1 whichever is shorter2 7#b7 analyze local eviction laws1 regulations1 and judicial process2 and 7#c7 assess the factors that contribute to evictions and whether those factors differ in urban areas versus suburban and rural areas1 as well as across different protected class groups1 including race1 color1 national origin1 religion1 sex1 familial status1 disability status1 and age4 7b7 ,report ,not earlier than #e years but not later than #f years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on the grants awarded pursuant to sections #d1 #f1 and #h of this ,act1 including best estimates of the amount saved1 if any1 at all levels of government on housing1 medical1 or social welfare programs1 as well as any additional revenues generated by participants being more likely to remain employed or for other reasons4 7c7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section4 #aa4 ,rule of construction ,nothing in this ,act may be construed to-- 7#a7 deny a landlord the ability to file and execute an eviction for a lawful reason2 or 7#b7 change the standards for determining a violation of the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfja et seq474