II 

118TH CONGRESS 

1ST SESSION S. 3463 

To authorize the Attorney General to make grants to States and localities 

to provide the right to counsel in civil actions related to eviction, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 11, 2023 

Mr. CASEY introduced the following bill; which was read twice and referred 

to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To authorize the Attorney General to make grants to States 

and localities to provide the right to counsel in civil 

actions related to eviction, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Eviction Prevention 

5 Act of 2023’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ACCESS TO COUNSEL.—The term ‘‘access to 

9 counsel’’ means full representation by an attorney. 


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1 (2) ADMINISTRATIVE EVICTION.—The term 

2 ‘‘administrative eviction’’ means a ruling in favor of 

3 the landlord in an administrative forum within a 

4 public housing agency, such as grievance procedures, 

5 to recover possession of residential property from a 

6 tenant, including a tenant residing in a public hous7 ing dwelling unit or receiving tenant-based assist8 ance or project-based assistance under section 8 of 

9 the United States Housing Act of 1937 (42 U.S.C. 

10 1437f). 

11 (3) COURT-ORDERED EVICTION.—The term 

12 ‘‘court-ordered eviction’’ means a court ruling in 

13 favor of the landlord in a legal action to recover pos14 session of residential property from a tenant, includ15 ing a tenant residing in a public housing dwelling 

16 unit or receiving tenant-based assistance or project17 based assistance under section 8 of the United 

18 States Housing Act of 1937 (42 U.S.C. 1437f). 

19 (4) DEPARTMENT.—The term ‘‘Department’’ 

20 means the Department of Housing and Urban De21 velopment. 

22 (5) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 

23 individual’’ means an individual whose income is less 

24 than 125 percent of the Federal poverty level. 


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1 (6) EXECUTED EVICTION.—The term ‘‘executed 

2 eviction’’ means a court order carried out by a sher3 iff’s office or other law enforcement agency that re4 sulted in the landlord recovering possession of resi5 dential property from a tenant, including a tenant 

6 residing in a public housing dwelling unit or receiv7 ing tenant-based assistance or project-based assist8 ance under section 8 of the United States Housing 

9 Act of 1937 (42 U.S.C. 1437f). 

10 (7) ILLEGAL EVICTION.—The term ‘‘illegal evic11 tion’’ means self-help measures taken outside of the 

12 legal process for eviction to recover possession of 

13 residential property from a tenant, including a ten14 ant residing in a public housing dwelling unit or re15 ceiving tenant-based assistance or project-based as16 sistance under section 8 of the United States Hous17 ing Act of 1937 (42 U.S.C. 1437f), such as— 

18 (A) willfully interrupting or permitting the 

19 interruption of essential items of services re20 quired by the rental agreement; 

21 (B) blocking or attempting to block the 

22 entry of a tenant upon the premises; 

23 (C) changing the locks or removing the 

24 front door of the premises; 


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1 (D) giving a tenant an eviction notice that 

2 does not comply with applicable Federal, State, 

3 or local law; 

4 (E) removing the belongings of a tenant; 

5 and 

6 (F) any other action defined as a self-help 

7 eviction under State landlord-tenant law. 

8 (8) LOCAL ORDINANCE IMPACTING EVICTION.— 

9 The term ‘‘local ordinance impacting eviction’’ 

10 means a local ordinance that is designed to address 

11 the number of emergency services calls resulting 

12 from assault, sexual harassment, stalking, disorderly 

13 conduct, or another type of behavior, situation, or 

14 condition that results in the need for emergency 

15 services, that results in loss of housing or limit the 

16 housing opportunities for victims of crime, including 

17 victims of domestic violence, or individuals with dis18 abilities who may require emergency services, abne19 gating local landlord-tenant law by— 

20 (A) requiring, encouraging, or permitting 

21 the eviction of a tenant or resident because of 

22 a certain number of calls for emergency serv23 ices; 

24 (B) requiring, encouraging, or permitting 

25 the eviction of a tenant or resident because of 


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1 an arrest even though the arrest has not re2 sulted in the conviction of that tenant or resi3 dent; or 

4 (C) requiring, encouraging, or permitting 

5 the eviction of a tenant or resident because of 

6 criminal activity occurring at or near the place 

7 of residence of the tenant or resident for which 

8 that tenant or resident has not been convicted. 

9 (9) PUBLIC HOUSING; PUBLIC HOUSING AGEN10 CY.—The terms ‘‘public housing’’ and ‘‘public hous11 ing agency’’ have the meanings given those terms in 

12 section 3(b) of the United States Housing Act of 

13 1937 (42 U.S.C. 1437a(b)). 

14 (10) RATE OF EVICTION.—The term ‘‘rate of 

15 eviction’’ means the number of judgments of evic16 tion, including illegal evictions, entered or occurring 

17 in a jurisdiction per capita during the previous fiscal 

18 year. 

19 (11) SECRETARY.—The term ‘‘Secretary’’ 

20 means the Secretary of Housing and Urban Develop21 ment. 

22 (12) STATE.—The term ‘‘State’’ means the 

23 States of the United States, the District of Colum24 bia, the Commonwealth of Puerto Rico, the Com25 monwealth of the Northern Mariana Islands, Guam, 


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1 the Virgin Islands, American Samoa, and any other 

2 territory or possession of the United States. 

3 (13) UNIT OF GENERAL LOCAL GOVERN4 MENT.—The term ‘‘unit of general local govern5 ment’’ means any city, town, township, county, par6 ish, village, or other general purpose political sub7 division of a State. 

8 SEC. 3. GRANTS FOR STATES AND UNITS OF GENERAL 

9 LOCAL GOVERNMENT TO PROVIDE ACCESS 

10 TO COUNSEL IN CIVIL ACTIONS RELATED TO 

11 EVICTION. 

12 (a) AUTHORIZATION.—The Attorney General is au13 thorized to make grants to States and units of general 

14 local government to provide eligible individuals access to 

15 counsel in civil actions related to eviction. 

16 (b) USE OF FUNDS.—A State or unit of general local 

17 government that receives a grant under this section shall 

18 use such funds to hire attorneys in positions that are dedi19 cated solely to providing counsel described in subsection 

20 (a). 

21 (c) APPLICATION.—A State or unit of general local 

22 government seeking a grant under this section shall sub23 mit an application to the Attorney General at such time, 

24 in such manner, and containing such information as the 

25 Attorney General may reasonably require, including— 


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1 (1) the rate of eviction for that State or unit 

2 of general local government; 

3 (2) during the previous year, the number of in4 dividuals subject to eviction in that State or unit of 

5 general local government who were not represented 

6 by an attorney in eviction proceedings; 

7 (3) a plan for how the State or unit of general 

8 local government will use amounts from a grant 

9 under this section to increase access to counsel; and 

10 (4) the status with respect of the right to coun11 sel in civil actions related to eviction in the State or 

12 unit of general local government and, if the State or 

13 unit of general local government does not have in ef14 fect laws providing a right to counsel, such evidence 

15 as the Attorney General may require that is suffi16 cient to demonstrate that substantial progress has 

17 been made to enact laws providing such a right. 

18 (d) AMOUNT OF GRANT.—Subject to the availability 

19 of appropriations, a grant under this section shall be in 

20 an amount that is not less than $1,000,000, and which 

21 amount is determined based on— 

22 (1) the rate of eviction in the applicant State 

23 or unit of general local government, compared to the 

24 national average rate of eviction, as determined by 


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1 the rates of eviction included with each application 

2 under subsection (c); 

3 (2) the plan submitted by the applicant State or 

4 unit of general local government in accordance with 

5 subsection (c)(3); 

6 (3) the status of right to counsel in applicant 

7 State or unit of general local government; and 

8 (4) during the previous year, the number of in9 dividuals subject to eviction in the applicant State or 

10 unit of general local government who were not rep11 resented by an attorney in eviction proceedings. 

12 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to carry out this section 

14 $125,000,000 for each of fiscal years 2024 through 2028. 

15 SEC. 4. NATIONAL DATABASE OF EVICTIONS. 

16 (a) ESTABLISHMENT OF DATABASE.—Not later than 

17 1 year after the date of enactment of this Act, the Sec18 retary shall establish and maintain a database that— 

19 (1) is accessible to the Office of Policy Develop20 ment and Research and the Office of Fair Housing 

21 and Equal Opportunity of the Department and other 

22 employees of the Department as determined nec23 essary by the Secretary; 

24 (2) includes the data described in subsection (b) 

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1 tive evictions, and illegal evictions in the United 

2 States; and 

3 (3) ensures appropriate security to prevent im4 proper disclosure of that data. 

5 (b) CONTENTS.—The database established under 

6 subsection (a) shall contain the following data: 

7 (1) DATA ON EACH COURT-ORDERED OR AD8 MINISTRATIVE EVICTION.—With respect to each 

9 court-ordered or administrative eviction case filed on 

10 or after the date on which the database is estab11 lished: 

12 (A) Information on the tenant who is the 

13 defendant, including— 

14 (i) the name of the tenant; 

15 (ii) the age of the tenant; 

16 (iii) the race, ethnicity, gender, and 

17 disability status of the tenant; 

18 (iv) the number of household members 

19 residing in the property, including the 

20 number of children; and 

21 (v) whether the tenant is a recipient 

22 of tenant-based or project-based assistance 

23 under section 8 of the United States Hous24 ing Act of 1937 (42 U.S.C. 1437f). 


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1 (B) Information on the residential prop2 erty, including— 

3 (i) the address and type of housing; 

4 and 

5 (ii) whether the property is subject to 

6 a federally backed mortgage. 

7 (C) Information on the landlord who filed 

8 the court-ordered or administrative eviction 

9 case, including— 

10 (i) the name of the landlord; 

11 (ii) the mailing address of the land12 lord; 

13 (iii) any additional names, limited li14 ability corporations, or entities associated 

15 with the mailing address of the landlord; 

16 (iv) the number of rental units owned 

17 by the landlord; 

18 (v) the name of the attorney or legally 

19 permitted representative of the landlord, or 

20 an indication that the landlord was self21 represented; 

22 (vi) the rent charged for the unit in 

23 question; 


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1 (vii) additional fees charged for the 

2 unit in question, whether one-time or re3 curring; 

4 (viii) any amount that the landlord al5 leges that the tenant owes, including— 

6 (I) rent; 

7 (II) additional fees other than 

8 rent, whether one-time or recurring; 

9 (III) late fees and penalties; and 

10 (IV) court fees and attorney’s 

11 fees; 

12 (ix) any costs incurred by the landlord 

13 for engaging in the eviction process, in14 cluding— 

15 (I) court costs, such as filing 

16 fees; 

17 (II) the cost of legal representa18 tion; and 

19 (III) the cost to set out a tenant; 

20 and 

21 (x) the amount of emergency rental 

22 assistance received on behalf of the tenant. 

23 (D) Information about the location where 

24 the court-ordered or administrative eviction 


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1 case took place, including the name of the judge 

2 or adjudicator. 

3 (E) Procedural data on the court-ordered 

4 or administrative eviction case, including— 

5 (i) the date, if applicable, on which 

6 the tenant was served with a notice to quit; 

7 (ii) the date of the initial court filing 

8 by the landlord; 

9 (iii) the reason why the landlord filed 

10 for eviction, such as nonpayment or breach 

11 of lease; 

12 (iv) any affirmative defenses pre13 sented by the tenant, if permitted under 

14 State law; 

15 (v) whether the eviction was as a re16 sult of the enforcement of a local ordinance 

17 impacting eviction; 

18 (vi) the date of the initial hearing; 

19 (vii) if the tenant moved out of the 

20 rental unit, the date on which the tenant 

21 moved out; and 

22 (viii) the final outcome of the court23 ordered or administrative eviction case, in24 cluding— 


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1 (I) the disposition of the case, in2 cluding whether the initial hearing re3 sulted in a default judgment, dis4 missal, consent agreement, settlement, 

5 or trial; 

6 (II) the date of final disposition; 

7 (III) any amount owed to the 

8 landlord or tenant, if any, and over 

9 what time period; 

10 (IV) whether a judgment was 

11 made in favor of the tenant for code 

12 violations or warranty of habitability 

13 claims, including affirmative defenses; 

14 (V) whether the tenant paid any 

15 amounts to the landlord; and 

16 (VI) whether the tenant had legal 

17 representation and the nature of that 

18 representation, including a lawyer, a 

19 law student participating in a clinic, 

20 or another non-lawyer trained to rep21 resent clients in landlord-tenant court, 

22 or whether the tenant was a lawyer 

23 representing himself or herself, and 

24 whether the legal representation was 


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1 supported by grant funding under sec2 tion 3; 

3 (ix) the total court fees incurred by 

4 the tenant, separated into categories of 

5 fees; 

6 (x) the total court fees incurred by the 

7 landlord; 

8 (xi) whether the landlord had ap9 peared in landlord-tenant court for a 

10 court-ordered or administrative eviction 

11 matter involving the landlord in the 6- 

12 month, 1-year, or 2-year period preceding 

13 the court-ordered or administrative eviction 

14 case, and the number of such appearances 

15 involving the same tenant; and 

16 (xii) whether the tenant had appeared 

17 in landlord-tenant court for a court-or18 dered or administrative eviction matter in19 volving the landlord in the 6-month, 1- 

20 year, or 2-year period preceding the court21 ordered or administrative eviction case, 

22 and the number of such appearances in23 volving the same landlord. 

24 (2) AGGREGATE DATA ON COURT-ORDERED OR

25 ADMINISTRATIVE EVICTION CASES.—Aggregate data 


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1 on court-ordered or administrative eviction cases 

2 filed on or after the date on which the database is 

3 established, including— 

4 (A) the total number of cases filed, includ5 ing a breakdown by— 

6 (i) the number of cases filed for non7 payment criminal activity, code violation, 

8 other breach of lease, both nonpayment 

9 and breach of lease, and any other reason; 

10 (ii) the number of cases filed because 

11 of the enforcement of a local ordinance im12 pacting eviction; and 

13 (iii) the outcome of the dispositive 

14 hearing, including default judgment, dis15 missal, a consent agreement, a trial, and a 

16 settlement with or without mediation; 

17 (B) the number of tenants and landlords 

18 who showed up for the dispositive hearing of a 

19 court-ordered or an administrative eviction case, 

20 and how many tenants in each such type of 

21 case were represented by counsel described in 

22 paragraph (1)(E)(viii)(VI); 

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1 ing the average time from filing to first hear2 ing; 

3 (D) the average amount allegedly owed by 

4 a tenant, per landlord; 

5 (E) the average months of rent allegedly 

6 owed by a tenant; 

7 (F) the average amount paid by a tenant 

8 to resolve the case and stay in the housing; 

9 (G) the number of court-ordered or admin10 istrative eviction cases resulting in a judgment 

11 in favor of the tenant due to code violations or 

12 warranty of habitability claims, including af13 firmative defenses; 

14 (H) the number and percentage of court15 ordered or administrative eviction cases broken 

16 down by age bracket; 

17 (I) the number and percentage of court-or18 dered or administrative eviction cases broken 

19 down by race and ethnicity; 

20 (J) the number and percentage of court-or21 dered or administrative eviction cases broken 

22 down by gender; 

23 (K) the number and percentage of court24 ordered or administrative eviction cases broken 

25 down by disability status; 


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1 (L) the number and percentage of court2 ordered or administrative eviction cases with a 

3 tenant or household with children; 

4 (M) the number of tenants evicted from 

5 public housing, broken down by each public 

6 housing agency; 

7 (N) the number of tenants evicted from 

8 dwelling units who were receiving tenant-based 

9 assistance or project-based assistance under 

10 section 8 of the United States Housing Act of 

11 1937 (42 U.S.C. 1437f); and 

12 (O) the number of court-ordered or admin13 istrative eviction or cases where late fees were 

14 collected from tenants by landlords, and the av15 erage amount of late fees in those cases. 

16 (3) DATA ON EXECUTED EVICTIONS.—Local 

17 law enforcement or any other official who executes 

18 an eviction shall report to the adjudicating court or 

19 administrative forum sufficient data on each exe20 cuted eviction, such that the court may determine 

21 which court-ordered or administrative evictions re22 sulted in a law enforcement officer or other local of23 ficial removing the tenant. 

24 (4) DATA ON TENANT STATUS FOLLOWING A

25 COURT-ORDERED OR ADMINISTRATIVE EVICTION.— 


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1 Each court or administrative forum responsible for 

2 adjudicating evictions shall require landlords to re3 port whether tenants who were the subject of a 

4 court-ordered or administrative eviction were re5 moved or remained in the property 90 days after the 

6 court-ordered or administrative eviction. 

7 (5) DATA ON EACH ILLEGAL EVICTION.—With 

8 respect to each illegal eviction occurring on or after 

9 the date on which the database is established: 

10 (A) The data described in paragraph 

11 (1)(A). 

12 (B) Information on the landlord, includ13 ing— 

14 (i) the name of the landlord; 

15 (ii) the mailing address of the land16 lord; 

17 (iii) any additional names, limited li18 ability corporations, or entities associated 

19 with the mailing address of the landlord; 

20 (iv) the number of rental units owned 

21 by the landlord; 

22 (v) the rent charged for the unit in 

23 question; and 


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1 (vi) additional fees charged for the 

2 unit in question, whether one-time or re3 curring; 

4 (C) The reason the tenant was evicted. 

5 (D) If the tenant was evicted for non6 payment, the amount owed, including— 

7 (i) rent; 

8 (ii) additional fees other than rent, 

9 whether one-time or recurring; and 

10 (iii) late fees and penalties. 

11 (E) If the tenant was evicted for non12 payment, the total number of months owed. 

13 (F) Whether the tenant was evicted be14 cause of the enforcement of a local ordinance 

15 impacting eviction. 

16 (6) AGGREGATE DATA ON ILLEGAL EVIC17 TIONS.—Aggregate data on illegal eviction cases oc18 curring on or after the date on which the database 

19 is established, including— 

20 (A) the average amount owed by a tenant, 

21 per landlord; 

22 (B) the average months of rent owed by a 

23 tenant; 

24 (C) the number and percentage of illegal 

25 eviction cases broken down by age bracket; 


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1 (D) the number and percentage of illegal 

2 eviction cases with a tenant or household with 

3 children; 

4 (E) the number and percentage of illegal 

5 eviction cases broken down by race and eth6 nicity; 

7 (F) the number and percentage of illegal 

8 eviction cases broken down by gender; 

9 (G) the number and percentage of illegal 

10 eviction cases broken down by disability status; 

11 and 

12 (H) the number and percentage of illegal 

13 eviction cases based on the enforcement of a 

14 local ordinance impacting eviction. 

15 (c) SUBMISSION OF DATA.— 

16 (1) SUBMISSION BY COURTS.—Not later than 

17 March 1 of each year, the Chief Court Administrator 

18 of each State shall submit to the Secretary data on 

19 court-ordered eviction cases that occurred in that 

20 State during the preceding calendar year for inclu21 sion in the database established under this section. 

22 (2) SUBMISSION TO SECRETARY.— 

23 (A) IN GENERAL.—The Chief Court Ad24 ministrator of the State shall— 


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1 (i) ensure the accuracy and consist2 ency of the data submitted under para3 graph (1); and 

4 (ii) upon receipt of the data, aggre5 gate the data and report the individual and 

6 aggregate data to the Secretary in a timely 

7 manner. 

8 (B) SUBMISSION BY COURTS.—If the Chief 

9 Court Administrator of the State fails to submit 

10 the data described in paragraph (1) to the Sec11 retary in a timely manner under subparagraph 

12 (A), the clerk of each State or local court that 

13 handles landlord-tenant cases may submit the 

14 data directly to the Secretary. 

15 (d) GUIDELINES.—The Secretary shall promulgate 

16 rules and establish guidelines for the submission of data 

17 under subsection (c) and publication of data in the data18 base established under this section, which shall include— 

19 (1) a technological solution that provides a sin20 gle point of entry for data submissions to reduce the 

21 burden on clerks of the courts; 

22 (2) in consultation with local governments, 

23 judges, and legal services providers appropriate safe24 guards for protecting the privacy of personally iden25 tifiable information of vulnerable populations, which 


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1 shall incorporate confidentiality measures to ensure 

2 that any personally identifiable information regard3 ing a tenant who is a victim of domestic violence, 

4 dating violence, sexual assault, or stalking is not dis5 closed during the process of data submission and 

6 publication; 

7 (3) standards for— 

8 (A) external researchers to be granted per9 mission to access data in the database, includ10 ing both aggregate data and, if necessary for 

11 the conduct of their research, personally identi12 fiable information, with appropriate safeguards 

13 to ensure identities are protected in any pub14 licly released analysis; 

15 (B) the establishment of a research data 

16 center to support analysis of that data; and 

17 (C) using generally accepted statistical 

18 principles to validate the data, in consultation 

19 with outside participants; 

20 (4) methods for collecting data required under 

21 subsection (b) that are not currently collected; 

22 (5) establishing definitions for terms related to 

23 the eviction process based on how they are legally 

24 defined by courts of jurisdiction handling eviction 

25 cases; and 


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1 (6) standards for local officials to identify and 

2 designate social services agencies that may access 

3 the database to provide targeted social services to 

4 those tenants. 

5 (e) ANNUAL REPORTS.—Not later than 1 year after 

6 the date of enactment of this Act, and each year there7 after, the Secretary shall make publicly available a report 

8 on the contents of the database established under this sec9 tion. 

10 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to the Secretary to carry 

12 out this section $100,000,000 for each of fiscal years 2024 

13 through 2028. 

14 SEC. 5. GAO STUDY. 

15 Not later than 1 year after the date of enactment 

16 of this Act, the Comptroller General of the United States 

17 shall conduct a study and submit to Congress a report 

18 on evictions in the United States, including an analysis 

19 of ways in which the legal system fails to provide sufficient 

20 protections from eviction for tenants, the rate of represen21 tation of tenants and landlords, the effect of full represen22 tation on default rates, case outcomes, and eviction dock23 ets as compared to cases where the tenant lacks represenVerDate Sep 11 2014 02:54 Dec 29, 2023 Jkt 049200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S3463.IS S3463

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1 tation or has pro se assistance, and the potential cost sav2 ings from providing representation. 

Æ 


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