I 

116TH CONGRESS 

2D SESSION H. R. 7847 

To create a database of eviction information, establish grant programs for 

eviction prevention and legal aid, and limit use of housing court-related 

records in consumer reports, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 29, 2020 

Ms. PRESSLEY (for herself and Ms. DELAURO) introduced the following bill; 

which was referred to the Committee on Financial Services 

A BILL 

To create a database of eviction information, establish grant 

programs for eviction prevention and legal aid, and limit 

use of housing court-related records in consumer reports, 

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 ‘‘Housing Emergencies 

5 Lifeline Program Act of 2020’’ or the ‘‘HELP Act of 

6 2020’’. 

7 SEC. 2. CONGRESSIONAL FINDINGS. 

8 The Congress finds that— 


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1 (1) housing is fundamentally an issue of eco2 nomic and racial justice and a critical determinant 

3 of health; 

4 (2) the 2008 financial crisis was a Great De5 pression-level event for Black Americans, wiping out 

6 decades of gains in Black homeownership, which has 

7 now fallen to its lowest rate since the passage of the 

8 Fair Housing Act in 1968; 

9 (3) Black borrowers were 76 percent more like10 ly to have lost their home to foreclosure than White 

11 borrowers during the foreclosure crisis; 

12 (4) Black and Hispanic households continue to 

13 be about twice as likely as White households to rent 

14 their homes; 

15 (5) in 2016, 58 percent of Black household 

16 heads and 54 percent of Hispanic household heads 

17 were renting their homes, compared with 28 percent 

18 of White household heads; 

19 (6) while cost burdens affect households of all 

20 races and ethnicities, Black and Brown renters are 

21 much more likely to be burdened, with 55 percent of 

22 Black renters considered to be rent burdened com23 pared to only 43 percent of White renters; 

24 (7) Black households account for 12 percent of 

25 all households in the United States, but 19 percent 


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1 of all renters and 26 of all renter households with 

2 extremely low incomes; 

3 (8) prior to the coronavirus pandemic, it was 

4 estimated that around 3.7 million evictions are filed 

5 every year, a rate of about 7 every minute; 

6 (9) across the United States, one in 20 renters 

7 faces an eviction every year, but for Black renters, 

8 the number is one in 11; 

9 (10) every day families are displaced by the 

10 eviction crisis, a reality that is only further exacer11 bated by the COVID-19 pandemic and that falls dis12 proportionately on Black renters, and particularly 

13 Black women renters; 

14 (11) the Department of Housing and Urban 

15 Development does not require the reporting or col16 lection of eviction data, including among households 

17 in federally assisted housing, and should be required 

18 to do so; 

19 (12) the American Civil Liberties Union’s anal20 ysis of Eviction Lab data found that, on average, 

21 ‘‘Black renters had evictions filed against them at 

22 nearly twice the rate of White renters’’ and that 

23 Black women specifically were filed against for evic24 tion at ‘‘double the rate of White renters or higher 

25 in 17 of 36 [S]tates’’; 


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1 (13) right to counsel is a matter of racial jus2 tice, equity, and ensuring equal protection under the 

3 law; 

4 (14) nationally, it is estimated that more than 

5 90 percent of landlords are represented in housing 

6 court proceedings, compared to less than 10 percent 

7 of tenants in such proceedings; 

8 (15) a Massachusetts study found that tenants 

9 provided full representation were twice as likely to 

10 remain in their homes, saved 4 times as much rent, 

11 and paid $0 to their landlord as compared to those 

12 receiving limited or no legal assistance; and 

13 (16) a California study of the Shriver Civil 

14 Counsel Program found that 91 percent of Shriver 

15 cases ended with the eviction record sealed, 81 per16 cent with the eviction not reported to a credit agen17 cy, and 71 percent with a neutral reference provided 

18 by the landlord, tenants in such cases saved nearly 

19 $800 more in reduced rent and other fees while pay20 ing holdover damages or attorney’s fees only half as 

21 often, and 71 percent of represented clients that had 

22 been required to move had obtained a new rental 

23 unit, compared to 43 percent of unrepresented ten24 ants. 


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1 SEC. 3. DATABASE OF EVICTION INFORMATION. 

2 (a) REPORTS BY HOUSING PROVIDERS.— 

3 (1) IN GENERAL.—The Secretary of Housing 

4 and Urban Development shall require each State 

5 and local entity that receives covered housing assist6 ance to submit to the Secretary annual reports 

7 under this section regarding evictions from assisted 

8 dwelling units of the covered housing occurring dur9 ing the preceding year. 

10 (2) CONTENTS.—Each report submitted pursu11 ant to subsection (a) shall include— 

12 (A) for each household subject to an evic13 tion proceeding during the year which the re14 port covers— 

15 (i) the reason or reasons that the evic16 tion proceeding was undertaken and, in the 

17 case of any eviction proceeding undertaken 

18 in whole or in part based on an arrearage 

19 in rent owed, the amount of such arrear20 age and the amount of the tenant’s re21 quired contribution toward rent; 

22 (ii) the date on which the household 

23 was ordered to be evicted; 

24 (iii) the address of the dwelling unit 

25 from which the household was evicted; 


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1 (iv) whether the household was rep2 resented by legal counsel in any eviction 

3 proceeding, if such information is available; 

4 (v) the number of days the household 

5 was given to vacate the dwelling unit, if 

6 such information is available; and 

7 (vi) whether a writ of execution was 

8 issued in regards to the eviction; and 

9 (B) for each individual in any household 

10 subject to an eviction proceeding during the 

11 year which the report covers— 

12 (i) the name of the individual; 

13 (ii) the annual income of the indi14 vidual in the fiscal year prior to the year 

15 during which the individual was evicted, if 

16 available; 

17 (iii) the disability status of the indi18 vidual evicted, if available; 

19 (iv) any available demographic infor20 mation about the individual including race, 

21 ethnicity, age, and gender; 

22 (v) any foster care history for the in23 dividual, if available; 


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1 (vi) any serious physical health prob2 lems or serious mental illness of the indi3 vidual, if such information is available; 

4 (vii) any history of prior homelessness 

5 of the individual, if such information is 

6 available; and 

7 (viii) whether the individual has a 

8 criminal record, if such information is 

9 available. 

10 (3) DATA REQUIREMENTS.—The Secretary of 

11 Housing and Urban Development shall develop re12 quirements for States and local entities that receive 

13 covered housing assistance that— 

14 (A) provide that the provision of the infor15 mation being collected under this subsection 

16 shall be voluntary on the part of any individual 

17 or household who is or was a tenant in an as18 sisted dwelling unit of covered housing; 

19 (B) provide limitations on how long the in20 formation described in paragraph (2) shall be 

21 retained; 

22 (C) establish data privacy and security re23 quirements for the information described in 

24 paragraph (2) that include appropriate meas25 ures to ensure that the privacy of the individVerDate Sep 11 2014 00:04 Aug 23, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7847.IH H7847

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1 uals and households is protected and that the 

2 information, including any personally identifi3 able information, is collected and used only for 

4 the purpose of submitting reports under para5 graph (1); and 

6 (D) confidentiality protections for data col7 lected about any individuals who are survivors 

8 of intimate partner violence, sexual assault, or 

9 stalking. 

10 (b) DATABASE.— 

11 (1) IN GENERAL.—The Secretary shall establish 

12 a database for collecting and maintaining informa13 tion submitted in reports pursuant to subsection (a). 

14 (2) PRIVACY PROTECTIONS.—The Secretary 

15 shall establish appropriate measures regarding infor16 mation in the database to ensure that the privacy of 

17 the individuals and households is protected and that 

18 any personally identifiable information is not dis19 closed. 

20 (3) DISAGGREGATION.—To the extent possible, 

21 such database shall be disaggregated by race, gen22 der, income, and disability. 

23 SEC. 4. ASSISTANCE FOR EVICTION RELATED LEGAL AID. 

24 There is authorized to be appropriated to the Sec25 retary $10,000,000,000 for fiscal year 2021, to remain 


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1 available until expended, for assistance under the Emer2 gency Solutions Grants program under subtitle B of title 

3 IV of the McKinney-Vento Homeless Assistance Act (42 

4 U.S.C. 11371 et seq.), to be used only for— 

5 (1) providing legal counsel for tenants subject 

6 to or at risk of eviction with regard to any eviction7 related legal proceeding; and 

8 (2) costs of any court fees associated with an 

9 eviction-related legal proceeding for a tenant (ex10 cluding any attorneys fees for the attorney of the 

11 landlord of the tenant). 

12 SEC. 5. CONSUMER REPORTS. 

13 The Fair Credit Reporting Act (15 U.S.C. 1681 et 

14 seq.) is amended— 

15 (1) by inserting after section 605B the fol16 lowing: 

17 ‘‘SEC. 605C. ADVERSE INFORMATION RELATING TO HOUS18 ING COURT RECORDS. 

19 ‘‘(a) IN GENERAL.—A consumer reporting agency 

20 may only furnish a consumer report containing an adverse 

21 item of information relating to a landlord tenant action 

22 if— 

23 ‘‘(1) the landlord in the action prevailed in a 

24 final judgment; and 


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1 ‘‘(2) the tenant in such action was not a minor 

2 on the date that such court claim was filed. 

3 ‘‘(b) 1 YEAR LIMITATION.—A consumer reporting 

4 agency shall remove from a consumer report any adverse 

5 item of information relating to a landlord tenant action 

6 not later than one year after the date of such landlord 

7 tenant action.’’; and 

8 (2) in the table of contents, by inserting after 

9 the item relating to section 605B the following new 

10 item: 

‘‘605C. Adverse information relating to housing court records.’’. 

11 SEC. 6. EVICTION INFORMATION. 

12 (a) IN GENERAL.—The Secretary shall, not later 

13 than 1 year after the date of the enactment of this Act, 

14 issue rules that require each owner of a covered federally 

15 assisted rental dwelling unit to ensure that each tenant 

16 of such dwelling unit owned by such owner receives infor17 mation not less than once each year about— 

18 (1) the rights and responsibilities of such owner 

19 with regard to eviction; and 

20 (2) local organizations and resources that can 

21 provide assistance in eviction-related matters. 

22 (b) HOTLINE.—The Secretary shall, not later than 

23 1 year after the date of the enactment of this Act, estab24 lish a hotline to provide assistance with regard to evictionVerDate Sep 11 2014 00:04 Aug 23, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7847.IH H7847

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1 related matters to tenants of covered federally assisted 

2 rental dwelling units. 

3 SEC. 7. DEFINITIONS. 

4 (a) For purposes of this Act: 

5 (1) ASSISTANCE.—The term ‘‘assistance’’ 

6 means any grant, loan, subsidy, contract, cooperative 

7 agreement, or other form of financial assistance, but 

8 such term does not include the insurance or guar9 antee of a loan, mortgage, or pool of loans or mort10 gages. 

11 (2) COVERED FEDERALLY ASSISTED RENTAL

12 DWELLING UNIT.—The term ‘‘covered federally as13 sisted rental dwelling unit’’ means a residential 

14 dwelling unit that is made available for rental and 

15 for which assistance is provided, or that is part of 

16 a housing project for which assistance is provided, 

17 under any program administered by the Secretary of 

18 Housing and Urban Development, including— 

19 (A) the public housing program under the 

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

21 1437 et seq.); 

22 (B) the program for rental assistance 

23 under section 8 of the United States Housing 

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


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1 (C) the HOME Investment Partnerships 

2 program under title II of the Cranston-Gon3 zalez National Affordable Housing Act (42 

4 U.S.C. 12721 et seq.); 

5 (D) title IV of the McKinney-Vento Home6 less Assistance Act (42 U.S.C. 11360 et seq.); 

7 (E) the Housing Trust Fund program 

8 under section 1338 of the Housing and Com9 munity Development Act of 1992 (12 U.S.C. 

10 4568); 

11 (F) the program for supportive housing for 

12 the elderly under section 202 of the Housing 

13 Act of 1959 (12 U.S.C. 1701q); 

14 (G) the program for supportive housing for 

15 persons with disabilities under section 811 of 

16 the Cranston-Gonzalez National Affordable 

17 Housing Act (42 U.S.C. 8013); 

18 (H) the AIDS Housing Opportunities pro19 gram under subtitle D of title VIII of the Cran20 ston-Gonzalez National Affordable Housing Act 

21 (42 U.S.C. 12901 et seq.); 

22 (I) the program for Native American hous23 ing under the Native American Housing Assist24 ance and Self-Determination Act of 1996 (25 

25 U.S.C. 4101 et seq.); and 


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1 (J) the program for housing assistance for 

2 Native Hawaiians under title VIII of the Native 

3 American Housing Assistance and Self-Deter4 mination Act of 1996 (25 U.S.C. 4221 et seq.). 

5 (3) COVERED HOUSING.—The term ‘‘covered 

6 housing’’ means a dwelling unit assisted with 

7 amounts made available, or a loan or mortgage 

8 made, insured, or guaranteed, under any of the fol9 lowing programs: 

10 (A) The programs for tenant- and project11 based rental assistance under section 8 of the 

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

13 1437f). 

14 (B) The program for public housing under 

15 the United States Housing Act of 1937 (42 

16 U.S.C. 1437 et seq.). 

17 (C) The program for supportive housing 

18 for the elderly under section 202 of the Hous19 ing Act of 1959 (12 U.S.C. 1701q). 

20 (D) The program for supportive housing 

21 for persons with disabilities under section 811 

22 of the Cranston-Gonzalez National Affordable 

23 Housing Act (42 U.S.C. 8013). 

24 (E) The community development block 

25 grant program under title I of the Housing and 


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1 Community Development Act of 1974 (42 

2 U.S.C. 5301 et seq.). 

3 (F) The HOME Investment Partnerships 

4 program under titles I and II of the Cranston5 Gonzalez National Affordable Housing Act (42 

6 U.S.C. 12704 et seq.). 

7 (G) The program for housing opportunities 

8 for persons with AIDS under subtitle D of title 

9 VIII of the Cranston-Gonzalez National Afford10 able Housing Act (42 U.S.C. 12901 et seq.). 

11 (H) The programs for homeless assistance 

12 under title IV of the McKinney-Vento Homeless 

13 Assistance Act (42 U.S.C. 11361 et seq.). 

14 (4) COVERED HOUSING ASSISTANCE.—The term 

15 ‘‘covered housing assistance’’ means assistance 

16 under any program specified in paragraph (3). 

17 (5) LEGAL COUNSEL.—The term ‘‘legal coun18 sel’’ means full representation by an attorney 

19 throughout proceedings in issue. 

20 (6) OWNER.—For the purposes of this Act, the 

21 term ‘‘owner’’ means any private person or entity, 

22 including a cooperative, an agency of the Federal 

23 Government, or a public housing agency, having the 

24 legal right to lease or sublease dwelling units. 


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1 (7) SECRETARY.—The term ‘‘Secretary’’ means 

2 Secretary of Housing and Urban Development. 

Æ 


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