II 

117TH CONGRESS 

1ST SESSION S. 2182 

To require the Secretary of Housing and Urban Development to establish 

a national evictions database, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 22, 2021 

Mr. BENNET (for himself, Mr. PORTMAN, Mr. YOUNG, and Mr. BROWN) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To require the Secretary of Housing and Urban Development 

to establish a national evictions database, 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 Crisis Act 

5 of 2021’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) based on the best available data, more than 

9 3,000,000 evictions are filed in an average year in 


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1 the United States, affecting individuals and families 

2 in urban, suburban, and rural areas alike; 

3 (2) evictions impose significant costs on ten4 ants, landlords, and communities as a whole; 

5 (3) evictions disproportionately affect certain 

6 populations and communities, including families with 

7 children and renters of color who face a particularly 

8 high risk of eviction; 

9 (4) collecting more comprehensive and con10 sistent data through a national eviction database 

11 would foster a deeper understanding of the causes 

12 and contours of the eviction crisis as well as what 

13 efforts can be made to prevent or mitigate the con14 sequences of evictions when they are unavoidable; 

15 (5) expanding landlord-tenant community 

16 courts would benefit both landlords and tenants, as 

17 these courts can offer services that help tenants be18 come current again on their obligations or offer al19 ternatives to eviction that avoid homelessness or 

20 housing instability while also providing landlords 

21 with less costly alternatives to eviction; 

22 (6) emergency assistance programs that provide 

23 short-term support to tenants facing a temporary 

24 emergency can also help prevent evictions and home25 lessness for low-income households; 


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1 (7) past evictions or eviction filings can con2 tribute to the cycle of poverty by appearing on credit 

3 reports, and tenants have a right to know whether 

4 a tenant screening report contains inaccurate data 

5 that may impede their ability to pass a background 

6 check and secure a stable home; 

7 (8) the Legal Services Corporation, established 

8 in 1974 under the Legal Services Corporation Act 

9 (42 U.S.C. 2996 et seq.) and funded by Congress to 

10 provide grants for free civil legal aid, has docu11 mented— 

12 (A) the ongoing justice gap in which 86 

13 percent of the civil legal problems reported by 

14 low-income people in the United States, includ15 ing housing-related legal issues, are handled 

16 with inadequate or no assistance from an attor17 ney or other legal professional; and 

18 (B) that more than 50 percent of the legal 

19 problems presented to legal aid organizations 

20 funded by the Legal Services Corporation re21 ceive only limited or no legal assistance due to 

22 lack of resources; 

23 (9) the National Center for Access to Justice 

24 determined that in 79 percent of housing cases, the 

25 tenants are not represented by a lawyer; and 


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1 (10) funding for the Legal Services Corporation 

2 must be substantially increased to enable grantees of 

3 the Legal Services Corporation to provide legal as4 sistance to all people facing residential eviction who 

5 cannot afford adequate counsel. 

6 SEC. 3. DEFINITIONS. 

7 In this Act: 

8 (1) ADMINISTRATIVE EVICTION.—The term 

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

10 the landlord in an administrative forum within a 

11 public housing agency, such as grievance procedures, 

12 to recover possession of residential property from a 

13 tenant, including a tenant residing in a public hous14 ing dwelling unit or receiving tenant-based assist15 ance or project-based assistance under section 8 of 

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

17 1437f). 

18 (2) COURT-ORDERED EVICTION.—The term 

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

20 favor of the landlord in a legal action to recover pos21 session of residential property from a tenant, includ22 ing a tenant residing in a public housing dwelling 

23 unit or receiving tenant-based assistance or project24 based assistance under section 8 of the United 

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


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1 (3) DEPARTMENT.—The term ‘‘Department’’ 

2 means the Department of Housing and Urban De3 velopment. 

4 (4) EVICTION FILING.—The term ‘‘eviction fil5 ing’’ means a filing by a landlord with the court of 

6 jurisdiction to initiate a legal action to recover pos7 session of residential property from a tenant, includ8 ing a tenant residing in a public housing dwelling 

9 unit or receiving tenant-based assistance or project10 based assistance under section 8 of the United 

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

12 (5) EXECUTED EVICTION.—The term ‘‘executed 

13 eviction’’ means a court order carried out by a sher14 iff’s office or other law enforcement agency that re15 sulted in the landlord recovering possession of resi16 dential property from a tenant, including a tenant 

17 residing in a public housing dwelling unit or receiv18 ing tenant-based assistance or project-based assist19 ance under section 8 of the United States Housing 

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

21 (6) ILLEGAL EVICTION.—The term ‘‘illegal evic22 tion’’ means self-help measures taken outside of the 

23 legal process for eviction to recover possession of 

24 residential property from a tenant, including a ten25 ant residing in a public housing dwelling unit or reVerDate Sep 11 2014 00:30 Jul 01, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2182.IS S2182

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1 ceiving tenant-based assistance or project-based as2 sistance under section 8 of the United States Hous3 ing Act of 1937 (42 U.S.C. 1437f), such as— 

4 (A) willfully interrupting or permitting the 

5 interruption of essential items of services re6 quired by the rental agreement; 

7 (B) blocking or attempting to block the 

8 entry of a tenant upon the premises; 

9 (C) changing the locks or removing the 

10 front door of the premises; 

11 (D) removing the belongings of a tenant; 

12 and 

13 (E) any other action defined as a self-help 

14 eviction under State landlord-tenant law. 

15 (7) LOCAL ORDINANCE IMPACTING EVICTION.— 

16 The term ‘‘local ordinance impacting eviction’’ 

17 means a local ordinance that is designed to address 

18 the number of emergency services calls resulting 

19 from assault, sexual harassment, stalking, disorderly 

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

21 condition that results in the need for emergency 

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

23 housing opportunities for survivors of crime, includ24 ing survivors of domestic violence, or individuals 


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1 with disabilities who may require emergency services, 

2 abnegating local landlord-tenant law by— 

3 (A) requiring, encouraging, or permitting 

4 the eviction of a tenant or resident because of 

5 a certain number of calls for emergency serv6 ices; 

7 (B) requiring, encouraging, or permitting 

8 the eviction of a tenant or resident because of 

9 an arrest even though the arrest has not re10 sulted in the conviction of that tenant or resi11 dent; or 

12 (C) requiring, encouraging, or permitting 

13 the eviction of a tenant or resident because of 

14 criminal activity occurring at or near the place 

15 of residence of the tenant or resident for which 

16 that tenant or resident has not been convicted. 

17 (8) PUBLIC HOUSING; PUBLIC HOUSING AGEN18 CY.—The terms ‘‘public housing’’ and ‘‘public hous19 ing agency’’ have the meanings given those terms in 

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

21 1937 (42 U.S.C. 1437a(b)). 

22 (9) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Housing and Urban Development. 

24 (10) TRIBALLY DESIGNATED HOUSING ENTI25 TY.—The term ‘‘tribally designated housing entity’’ 


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1 has the meaning given the term in section 4 of the 

2 Native American Housing Assistance and Self-De3 termination Act of 1996 (25 U.S.C. 4103). 

4 SEC. 4. LANDLORD-TENANT FOCUSED COMMUNITY 

5 COURTS. 

6 (a) IN GENERAL.—The Attorney General, acting 

7 through the Bureau of Justice Assistance, shall award 

8 grants to States and local jurisdictions to support land9 lord-tenant focused community courts that offer a process 

10 with social service representatives who are available to as11 sist tenants. 

12 (b) GOALS FOR PROCESS.—The process described in 

13 subsection (a) is— 

14 (1) intended to— 

15 (A) divert landlords and tenants from pro16 ceeding with a court-ordered eviction, which 

17 places costly burdens on landlords, tenants, the 

18 court system, and taxpayers; and 

19 (B) help tenants who have fallen behind 

20 become current again on their obligations or 

21 transition tenants to a new stable home envi22 ronment without losing access to benefits and 

23 other support for which they are eligible; and 

24 (2) not intended to keep tenants in housing 

25 that they will be unable to afford. 


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1 (c) DIVERSITY REQUIREMENT.—In making grants 

2 under this section, the Attorney General shall ensure that 

3 landlord-tenant focused community courts— 

4 (1) are assisted in jurisdictions that serve 

5 urban areas, suburban areas, and rural areas; 

6 (2) are assisted in serving communities that 

7 have high rates of eviction and eviction filings or a 

8 large total number of evictions and eviction filings, 

9 based on the best available data; 

10 (3) are assisted in serving families with chil11 dren; 

12 (4) provide assistance to individuals with lim13 ited English proficiency; 

14 (5) provide effective communication with indi15 viduals with disabilities; and 

16 (6) are located in facilities that are accessible to 

17 individuals with disabilities and easily accessible by 

18 low-income individuals using public transportation. 

19 (d) APPLICATION.—A State or local jurisdiction de20 siring a grant under this section shall submit to the Attor21 ney General an application at such time, in such manner, 

22 and containing— 

23 (1) a demonstrated unmet need in the commu24 nity for a landlord-tenant community court; 


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1 (2) evidence of support from representatives of 

2 various and diverse stakeholders within the commu3 nity, including renters’ rights groups, landlords, and 

4 legal aid nonprofit organizations; 

5 (3) a detailed description of how the grant will 

6 be spent; 

7 (4) a detailed description of how the landlord8 tenant community court will interact with the exist9 ing landlord-tenant justice system of the State or 

10 local jurisdiction to, as applicable, to alleviate the 

11 eviction crisis, including a description of which cases 

12 will be diverted to the landlord-tenant community 

13 court; 

14 (5) a description of any local ordinance impact15 ing eviction; 

16 (6) a description of how the landlord-tenant 

17 community court will not be designed to lengthen 

18 the process of pursuing a legitimate eviction, limit 

19 the access of landlords to the traditional justice sys20 tem, curtail the right of landlords to evict, or limit 

21 or curtail the due process or civil rights of any ten22 ant or housing resident; and 

23 (7) any other information as the Attorney Gen24 eral may require, including information sought in 

25 consultation with the Secretary. 


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1 (e) DATA.—Beginning 1 year after the date on which 

2 a State or local jurisdiction receives a grant under this 

3 section, and not later than 2 years after that date, the 

4 State or local jurisdiction, as applicable, shall submit to 

5 the Attorney General and the Secretary a report con6 taining— 

7 (1) any aggregate data on landlord-tenant cases 

8 filed in that State or local jurisdiction as the Attor9 ney General or the Secretary may require; 

10 (2) the data described in subparagraphs (A) 

11 and (B) of section 5(b)(1) and section 5(b)(2), as 

12 applicable; and 

13 (3) any other information as the Attorney Gen14 eral or the Secretary may require. 

15 (f) AWARDING GRANTS.—The Attorney General may 

16 award grants under this section in 3 rounds, with not 

17 fewer than 5 grants awarded in the first round. 

18 (g) MATCHING REQUIREMENT.— 

19 (1) IN GENERAL.—As a condition of a grant 

20 provided under this section, the Attorney General 

21 shall require the recipient of the grant to contribute 

22 an amount equal to or more than the amount of the 

23 grant, obtained solely from non-Federal sources. 

24 (2) FORM.—In addition to cash or other direct 

25 funding, the contribution required by the Attorney 


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1 General under paragraph (1) may include indirect 

2 costs or in-kind contributions paid for under non3 Federal programs. 

4 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated such sums as may be 

6 necessary to carry out this section. 

7 SEC. 5. NATIONAL DATABASE OF EVICTIONS. 

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

9 1 year after the date of enactment of this Act, the Sec10 retary shall establish and maintain a database that— 

11 (1) is accessible to the Office of Policy Develop12 ment and Research and the Office of Fair Housing 

13 and Equal Opportunity of the Department and other 

14 employees of the Department as determined nec15 essary by the Secretary; 

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

17 with respect to court-ordered evictions, administra18 tive evictions, and illegal evictions in the United 

19 States; and 

20 (3) ensures appropriate security to prevent im21 proper disclosure of that data. 

22 (b) CONTENTS.—The database established under 

23 subsection (a) shall contain the following data: 

24 (1) DATA ON EACH COURT-ORDERED OR AD25 MINISTRATIVE EVICTION.—With respect to each 


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1 court-ordered or administrative eviction case filed on 

2 or after the date on which the database is estab3 lished: 

4 (A) Information on the tenant who is the 

5 defendant, including— 

6 (i) the name of the tenant; 

7 (ii) the age of the tenant; 

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

9 disability status of the tenant; 

10 (iv) the address of the residential 

11 property and the type of housing; 

12 (v) the number of household members 

13 residing in the property, including the 

14 number of children; and 

15 (vi) whether the tenant is a recipient 

16 of tenant-based or project-based assistance 

17 under section 8 of the United States Hous18 ing Act of 1937 (42 U.S.C. 1437f). 

19 (B) Information on the landlord who filed 

20 the court-ordered or administrative eviction 

21 case, including— 

22 (i) the name of the landlord; 

23 (ii) the number of rental units owned 

24 by the landlord; 


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1 (iii) the name of the attorney or le2 gally permitted representative of the land3 lord, or an indication that the landlord was 

4 self-represented; 

5 (iv) the rent charged for the unit in 

6 question; 

7 (v) any amount that the landlord al8 leges that the tenant owes, including— 

9 (I) rent; 

10 (II) late fees and penalties; and 

11 (III) court fees and attorney’s 

12 fees; and 

13 (vi) any costs incurred by the landlord 

14 for engaging in the eviction process, in15 cluding— 

16 (I) court costs, such as filing 

17 fees; 

18 (II) the cost of legal representa19 tion; and 

20 (III) the cost to set out a tenant. 

21 (C) Procedural data on the court-ordered 

22 or administrative eviction case, including— 

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

24 the tenant was served with a notice to quit; 


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1 (ii) the date of the initial court filing 

2 by the landlord; 

3 (iii) the reason asserted by the land4 lord for filing for eviction, such as non5 payment or breach of lease; 

6 (iv) whether the eviction was as a re7 sult of the enforcement of a local ordinance 

8 impacting eviction; 

9 (v) whether the tenant moved out be10 fore the initial hearing; and 

11 (vi) the final outcome of the court-or12 dered or administrative eviction case, in13 cluding— 

14 (I) the disposition of the case, in15 cluding whether the initial hearing re16 sulted in a default judgment, dis17 missal, consent agreement, settlement, 

18 or trial; 

19 (II) the date of final disposition; 

20 (III) any amount owed to the 

21 landlord or tenant, if any, and over 

22 what time period; 

23 (IV) whether a judgment was 

24 made in favor of the tenant for code 


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1 violations or warranty of habitability 

2 claims; 

3 (V) the overall outcome of the 

4 case, including whether the tenant 

5 paid any amounts to the landlord, 

6 whether the tenant stayed in the 

7 housing or was evicted from the hous8 ing, and whether the judge ordered 

9 that the tenant’s future wages be gar10 nished to pay the judgment; and 

11 (VI) whether the tenant was 

12 present when the judgment was ren13 dered and whether the tenant had 

14 legal representation and the nature of 

15 that representation, including a law16 yer, a law student participating in a 

17 clinic, or another non-lawyer trained 

18 to represent clients in landlord-tenant 

19 court, or whether the tenant was a 

20 lawyer representing himself or herself; 

21 (vii) the total court fees incurred by 

22 the tenant, separated into categories of 

23 fees; 

24 (viii) whether the landlord had ap25 peared in landlord-tenant court for a 


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1 court-ordered or administrative eviction 

2 matter involving the landlord in the 6 

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

4 the court-ordered or administrative eviction 

5 case, and how many were such appear6 ances involving the same tenant; and 

7 (ix) whether the tenant had appeared 

8 in landlord-tenant court for a court-or9 dered or administrative eviction matter in10 volving the landlord in the 6 month, 1 

11 year, or 2 year-period preceding the court12 ordered or administrative eviction case, 

13 and how many were such appearances in14 volving the same landlord. 

15 (2) AGGREGATE DATA ON COURT-ORDERED OR

16 ADMINISTRATIVE EVICTION CASES.—Aggregate data 

17 on court-ordered or administrative eviction cases 

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

19 established, including— 

20 (A) the total number of cases filed, includ21 ing a breakdown by— 

22 (i) the number of cases filed for non23 payment, other breach of lease, both non24 payment and breach of lease, and any 

25 other reason; 


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1 (ii) the number of cases filed because 

2 of the enforcement of a local ordinance im3 pacting eviction; and 

4 (iii) the outcome of the dispositive 

5 hearing, including default judgment, dis6 missal, a consent agreement, a trial, and a 

7 settlement with or without mediation; 

8 (B) the number of tenants and landlords 

9 who showed up for the dispositive hearing of a 

10 court-ordered or an administrative eviction case; 

11 (C) the number and share of tenants and 

12 landlords who were represented by counsel, and 

13 the number and share of landlords who were 

14 represented by counsel when not legally re15 quired to be so represented; 

16 (D) the average duration of a court-or17 dered or an administrative eviction case, includ18 ing the average time from filing to first hear19 ing; 

20 (E) the average amount allegedly owed by 

21 a tenant, per landlord; 

22 (F) the average months of rent allegedly 

23 owed by a tenant; 

24 (G) the average amount paid by a tenant 

25 to resolve the case and stay in the housing; 


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1 (H) the number of court-ordered or admin2 istrative eviction cases resulting in a judgment 

3 in favor of the tenant due to code violations or 

4 warranty of habitability claims; 

5 (I) the number and percentage of court-or6 dered or administrative eviction cases broken 

7 down by age bracket; 

8 (J) the number and percentage of court-or9 dered or administrative eviction cases broken 

10 down by race and ethnicity; 

11 (K) the number and percentage of court12 ordered or administrative eviction cases broken 

13 down by gender; 

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

16 down by disability status; 

17 (M) the number and percentage of court18 ordered or administrative eviction cases with a 

19 tenant or household with children; 

20 (N) the number of tenants evicted from 

21 public housing, broken down by each public 

22 housing agency; 

23 (O) the number of tenants evicted from 

24 dwelling units who were receiving tenant-based 

25 assistance or project-based assistance under 


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1 section 8 of the United States Housing Act of 

2 1937 (42 U.S.C. 1437f), the supplemental nu3 trition assistance program under the Food and 

4 Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), 

5 or the temporary assistance for needy families 

6 under part A of title IV of the Social Security 

7 Act (42 U.S.C. 601 et seq.); and 

8 (P) the number of court-ordered or admin9 istrative eviction or cases where late fees were 

10 collected from tenants by landlords, and the av11 erage amount of late fees in those cases. 

12 (3) DATA ON EXECUTED EVICTIONS.—Local 

13 law enforcement or any other official who executes 

14 an eviction shall report to the adjudicating court or 

15 administrative forum sufficient data on each exe16 cuted eviction, such that the court may determine 

17 which court-ordered or administrative evictions re18 sulted in a law enforcement officer or other local of19 ficial removing the tenant. 

20 (4) DATA ON TENANT STATUS FOLLOWING A

21 COURT-ORDERED OR ADMINISTRATIVE EVICTION.— 

22 Each court or administrative forum responsible for 

23 adjudicating evictions should contact landlords to de24 termine whether tenants who were the subject of a 

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1 moved or remained in the property 90 days after the 

2 court-ordered or administrative eviction. 

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

4 respect to each illegal eviction occurring on or after 

5 the date on which the database is established, as re6 ported by local governments and nonprofit organiza7 tions receiving grants under section 6: 

8 (A) The data described in paragraph 

9 (1)(A). 

10 (B) Information on the landlord, includ11 ing— 

12 (i) the name of the landlord; and 

13 (ii) any amount that the landlord al14 leges that the tenant owes, including any 

15 penalties. 

16 (C) The primary reason or reasons the ten17 ant was evicted. 

18 (D) If the tenant was evicted for non19 payment, the amount owed. 

20 (E) If the tenant was evicted for non21 payment, the total number of months owed. 

22 (F) Whether the tenant was evicted be23 cause of the enforcement of a local ordinance 

24 impacting eviction. 


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1 (6) AGGREGATE DATA ON ILLEGAL EVIC2 TIONS.—Aggregate data on illegal eviction cases oc3 curring on or after the date on which the database 

4 is established, as reported by local governments and 

5 nonprofit organizations receiving grants under sec6 tion 6, including— 

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

8 per landlord; 

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

10 tenant; 

11 (C) the number and percentage of illegal 

12 eviction cases broken down by age bracket; 

13 (D) the number and percentage of illegal 

14 eviction cases with a tenant or household with 

15 children; 

16 (E) the number and percentage of illegal 

17 eviction cases broken down by race and eth18 nicity; 

19 (F) the number and percentage of illegal 

20 eviction cases broken down by gender; 

21 (G) the number and percentage of illegal 

22 eviction cases broken down by sex; 

23 (H) the number and percentage of illegal 

24 eviction cases broken down by sexual orienta25 tion; 


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1 (I) the number and percentage of illegal 

2 eviction cases broken down by disability status; 

3 and 

4 (J) the number and percentage of illegal 

5 eviction cases based on the enforcement of a 

6 local ordinance impacting eviction. 

7 (c) SUBMISSION OF DATA.— 

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

9 March 1 of each year, the Attorney General of each 

10 State shall submit to the Secretary data on court11 ordered eviction cases that occurred in that State 

12 during the preceding calendar year for inclusion in 

13 the database established under this section. 

14 (2) SUBMISSION TO SECRETARY.— 

15 (A) IN GENERAL.—The Attorney General 

16 of the State shall— 

17 (i) ensure the accuracy and consist18 ency of the data submitted under para19 graph (1); and 

20 (ii) upon receipt of the data, aggre21 gate the data and report the individual and 

22 aggregate data to the Secretary in a timely 

23 manner. 

24 (B) SUBMISSION BY COURTS.—If the At25 torney general of the State fails to submit the 


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1 data described in paragraph (1) to the Sec2 retary in a timely manner under subparagraph 

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

4 handles landlord-tenant cases may submit the 

5 data directly to the Secretary. 

6 (d) GUIDELINES.—The Secretary shall promulgate 

7 rules and establish guidelines for the submission of data 

8 under subsection (c) and publication of data in the data9 base established under this section, which shall include— 

10 (1) a technological solution that provides a sin11 gle point of entry for data submissions to reduce the 

12 burden on clerks of the courts; 

13 (2) in consultation with local governments and 

14 judges, appropriate safeguards for protecting the 

15 privacy of personally identifiable information, includ16 ing of vulnerable populations, which shall incor17 porate confidentiality measures to ensure that any 

18 personally identifiable information regarding a ten19 ant who is a survivor of domestic violence, dating vi20 olence, sexual assault, or stalking is not disclosed 

21 during the process of data submission and publica22 tion; 

23 (3) standards for— 

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1 ing both aggregate data and, if necessary for 

2 the conduct of their research, personally identi3 fiable information, with appropriate safeguards 

4 to ensure identities are protected in any pub5 licly released analysis; 

6 (B) the establishment of a research data 

7 center to support analysis of that data; and 

8 (C) using generally accepted statistical 

9 principles to validate the data, in consultation 

10 with outside participants; 

11 (4) methods for collecting data required under 

12 subsection (b) that are not currently collected; 

13 (5) establishing definitions for terms related to 

14 the eviction process based on how they are legally 

15 defined by courts of jurisdiction handling eviction 

16 cases; and 

17 (6) standards for local officials to identify and 

18 designate social services agencies that may access 

19 the database to provide targeted social services to 

20 those tenants. 

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

22 the date of enactment of this Act, and each year there23 after, the Secretary shall make publicly available a report 

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1 tion which shall not include personally identifiable infor2 mation. 

3 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Secretary such 

5 sums as may be necessary to carry out this section. 

6 SEC. 6. GRANT PROGRAM TO COLLECT DATA ON ILLEGAL 

7 EVICTIONS. 

8 (a) IN GENERAL.—The Secretary shall award grants 

9 to local governments and nonprofit organizations to set 

10 up programs to collect data from landlords on illegal evic11 tions in the United States. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to the Secretary such 

14 sums as may be necessary for each of fiscal years 2020 

15 through 2024 to provide grants under this section. 

16 SEC. 7. ADVISORY COMMITTEE. 

17 (a) IN GENERAL.—The Secretary shall establish an 

18 advisory committee to be known as the Committee on 

19 Eviction Research (in this section referred to as the ‘‘Com20 mittee’’) to advise the Secretary on matters relating to— 

21 (1) the creation, operation, maintenance, meth22 odology, and privacy matters of the statistical efforts 

23 relating to the database established under section 5; 

24 (2) developing a research agenda to determine 

25 the causes and consequences of evictions; and 


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1 (3) disseminating information with regard to 

2 policies or practices that reduce the number of evic3 tions or mitigate the consequences of evictions. 

4 (b) MEMBERSHIP.— 

5 (1) IN GENERAL.—The Committee shall be 

6 composed of 16 members who shall be appointed by 

7 the Secretary, in consultation with the chair and 

8 ranking member of the Committee on Banking, 

9 Housing, and Urban Affairs of the Senate and the 

10 chair and ranking member of the Committee on Fi11 nancial Services of the House of Representatives, of 

12 whom— 

13 (A) 2 members shall be employees of the 

14 Department with expertise in housing data and 

15 an interest in issues relating to evictions and 

16 housing instability; 

17 (B) 3 members shall be landlords or rep18 resentatives of landlords, at least 1 of whom 

19 shall be a small or independent landlord or a 

20 representative of small or independent land21 lords; 

22 (C) 4 members shall be from the academic 

23 or research community; 

24 (D) 3 members shall be from civil society, 

25 of whom— 


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1 (i) not less than 2 shall be from enti2 ties that advocate for civil rights related to 

3 housing or eviction; and 

4 (ii) not less than 1 shall have experi5 enced eviction; 

6 (E) 2 members shall be from private in7 dustry, civil society, or the academic community 

8 with backgrounds in data science and privacy; 

9 and 

10 (F) 2 members shall be individuals with 

11 specific knowledge of and expertise in eviction 

12 law and court procedures. 

13 (2) CHAIR.—The Secretary shall appoint a 

14 chair of the Committee from among the members of 

15 the Committee. 

16 (3) PERIOD OF APPOINTMENT; VACANCIES.— 

17 (A) IN GENERAL.—A member of the Com18 mittee shall be appointed for a period of 2 

19 years. 

20 (B) VACANCIES.—A vacancy in the Com21 mittee— 

22 (i) shall not affect the powers of the 

23 Committee; and 

24 (ii) shall be filled in the same manner 

25 as the original appointment. 


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1 (c) MEETINGS.—The Committee shall meet in person 

2 or via electronic conference not less frequently than once 

3 every 2 months. 

4 (d) POWERS.—In carrying out the duties of the Com5 mittee, the Committee may— 

6 (1) hold such hearings, sit, and act at such 

7 times and places, take such testimony, and receive 

8 such evidence as the Committee determines to be ap9 propriate; 

10 (2) issue reports, guidelines, and memoranda; 

11 (3) hold or host conferences and symposia; 

12 (4) enter into cooperative agreements with 

13 third-party experts to obtain relevant advice or ex14 pertise, and oversee staff; 

15 (5) establish subcommittees; and 

16 (6) establish rules of procedure. 

17 (e) GIFTS.—The Committee may accept, use, and 

18 dispose of gifts or donations of services or property. 

19 (f) TRAVEL EXPENSES.—The members of the Com20 mittee shall be allowed travel expenses, including per diem 

21 in lieu of subsistence, at rates authorized for employees 

22 of agencies under subchapter I of chapter 57 of title 5, 

23 United States Code, while away from their homes or reg24 ular places of business in the performance of service for 

25 the Committee. 


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1 (g) STAFF.— 

2 (1) IN GENERAL.—The chair of the Committee 

3 may, without regard to the civil service laws (includ4 ing regulations), appoint and terminate an executive 

5 director and such other additional personnel as may 

6 be necessary to enable the Commission to perform 

7 its duties, except that the employment of an execu8 tive director shall be subject to confirmation by the 

9 Commission. 

10 (2) COMPENSATION.—The chair of the Com11 mittee may fix the compensation of the executive di12 rector and other personnel without regard to chapter 

13 51 and subchapter III of chapter 53 of title 5, 

14 United States Code, relating to classification of posi15 tions and General Schedule pay rates, except that 

16 the rate of pay for the executive director and other 

17 personnel may not exceed the rate payable for level 

18 V of the Executive Schedule under section 5316 of 

19 that title. 

20 (h) REPORT.—Not later than 90 days after the date 

21 on which the Committee terminates, the Committee shall 

22 submit to the Secretary a report containing— 

23 (1) recommendations for statistical efforts re24 lating to the database established under section 5, 

25 including how additional data may potentially be colVerDate Sep 11 2014 00:30 Jul 01, 2021 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S2182.IS S2182

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1 lected, consistent with civil rights protections, to un2 derstand eviction trends by race, sex, gender, sexual 

3 orientation, disability status, ethnicity, age, and im4 migration status; and 

5 (2) a research agenda to determine the causes 

6 and consequences of evictions and to illuminate poli7 cies or practices that reduce the number of evictions 

8 or mitigate the consequences of evictions, including 

9 an assessment of the housing challenges resulting 

10 from the prohibition on public housing participation 

11 due to the prior eviction of an individual. 

12 (i) NO ADDITIONAL FUNDS.—The amounts nec13 essary to carry out this section shall be derived from 

14 amounts appropriated or otherwise made available to the 

15 Secretary. 

16 SEC. 8. EMERGENCY ASSISTANCE PROGRAM. 

17 (a) IN GENERAL.—The Secretary is authorized to 

18 make funds available to State, local, territorial, and Tribal 

19 governments (in this section referred to as ‘‘eligible grant20 ees’’) for the purpose of providing financial assistance and 

21 housing stabilization services to extremely low-income 

22 households to prevent evictions, homelessness, and other 

23 housing instability. 

24 (b) DISTRIBUTION OF FUNDS.—An eligible grantee 

25 receiving assistance under this section may distribute all 


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1 or a portion of such assistance to private nonprofit organi2 zations, other government entities, public housing agen3 cies, Tribally designated housing entities, or other entities 

4 as determined by the Secretary to carry out programs in 

5 accordance with this section. 

6 (c) DESIGNATION.—An eligible grantee that receives 

7 a grant under this section may designate 1 or more enti8 ties to carry out programs in accordance with this section. 

9 (d) HOUSEHOLD ELIGIBILITY.— 

10 (1) IN GENERAL.—A household that is eligible 

11 to receive assistance under a program established 

12 under this section (in this section referred to as an 

13 ‘‘eligible household’’) shall be— 

14 (A) extremely low-income, as defined in 

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

16 of 1937 (42 U.S.C. 1437a(b)); 

17 (B) at risk of housing instability and expe18 riencing a short-term crisis, as attested to in 

19 writing by the household, which may include— 

20 (i) a decline in household income; 

21 (ii) a family or health crisis; 

22 (iii) unexpected expenses; 

23 (iv) unsafe or unhealthy living condi24 tions; or 


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1 (v) any other event as determined by 

2 the Secretary; and 

3 (C) obligated to pay rent on a residential 

4 dwelling or experiencing homelessness, as de5 fined in section 103 of the McKinney-Vento 

6 Homeless Assistance Act (42 U.S.C. 11302). 

7 (2) HOUSING TYPE.—Assistance under a pro8 gram established under this section shall be provided 

9 to eligible households regardless of housing type, or 

10 lack thereof, including— 

11 (A) rental properties, hotels, or motels 

12 where the households are covered by State, 

13 Tribal, or local eviction laws; 

14 (B) manufactured housing; 

15 (C) mobile homes; 

16 (D) single rooms; and 

17 (E) other types of subsidized and unsub18 sidized housing. 

19 (3) LEASE REQUIREMENTS.—Assistance under 

20 a program established under this section shall be 

21 provided to eligible households with written or oral 

22 leases, subleases, or informal tenancy arrangements, 

23 allowing households to self-certify lease agreements. 

24 (e) LIMITATION.— 


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1 (1) IN GENERAL.—Assistance under a program 

2 established under this section shall be provided to an 

3 eligible household for arrears and a period not to ex4 ceed 4 months during any period of 3 years, except 

5 that grantees may provide assistance for an addi6 tional 3 months only if necessary to ensure housing 

7 stability for the eligible household, subject to the 

8 availability of funds. 

9 (2) EXCEPTION FOR PERIODS OF HIGH UNEM10 PLOYMENT, EMERGENCY, OR MAJOR DISASTER.—As11 sistance under a program established under this sec12 tion shall be provided to an eligible household for a 

13 period not to exceed 12 months, except that grantees 

14 may provide assistance for an additional 3 months 

15 only if necessary to ensure housing stability for the 

16 eligible household, subject to the availability of 

17 funds— 

18 (A) if for any month during the fiscal year 

19 the average rate of unemployment (seasonally 

20 adjusted) for the United States or for the State 

21 in which the eligible grantee is located, for the 

22 period consisting of the most recent 3 months 

23 for which data for all States are published, 

24 equals or exceeds 5.5 percent; or 


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1 (B) in any fiscal year in which a declara2 tion of a major disaster or emergency under 

3 section 401 or 501 of the Robert T. Stafford 

4 Disaster Relief and Emergency Assistance Act 

5 (42 U.S.C. 5170, 5191) is in effect with respect 

6 to the jurisdiction covered by an eligible grant7 ee. 

8 (f) USE OF FUNDS.— 

9 (1) IN GENERAL.—An eligible grantee shall— 

10 (A) use grant amounts to help eligible 

11 households overcome a short-term crisis impact12 ing housing stability and provide financial as13 sistance and housing stability-related services to 

14 those eligible households; and 

15 (B) evaluate the eligibility of households in 

16 a manner consistent with Federal non17 discrimination requirements. 

18 (2) FINANCIAL ASSISTANCE.—A recipient of a 

19 grant under this section shall use the grant funds to 

20 provide housing-related financial assistance to eligi21 ble households in the form of payments, including— 

22 (A) direct payments to the eligible house23 holds; and 

24 (B) the payment of— 

25 (i) rent and rent arrears; 


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1 (ii) utilities and home energy costs 

2 and utilities and home energy costs ar3 rears; 

4 (iii) relocation costs; and 

5 (iv) other housing-related expenses, as 

6 defined by the Secretary. 

7 (3) HOUSING STABILITY-RELATED SERVICES.— 

8 Not more than 25 percent of amounts received by a 

9 recipient of a grant under this section shall be used 

10 to provide housing stability- related services to eligi11 ble households, including— 

12 (A) services for case management, includ13 ing community resources to negotiate and re14 solve issues to keep eligible households housed; 

15 (B) rehousing and relocation services; 

16 (C) services provided by housing counseling 

17 agencies approved by the Department to nego18 tiate and resolve financial issues; 

19 (D) legal services; 

20 (E) services to connect those eligible 

21 households to other public supports, including 

22 long-term housing assistance; 

23 (F) referrals to other services for behav24 ioral, emotional, and mental health issues, do25 mestic violence, child welfare issues, employVerDate Sep 11 2014 00:30 Jul 01, 2021 Jkt 019200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S2182.IS S2182

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1 ment, substance abuse treatment, or other serv2 ices; and 

3 (G) other services to promote housing sta4 bility as determined by the Secretary. 

5 (4) EVALUATION.—Of amounts made available 

6 under subsection (n) for fiscal year 2022, not more 

7 than $10,000,000 shall be used by the Secretary to 

8 conduct a rigorous program evaluation under sub9 section (k). 

10 (5) ADMINISTRATIVE COSTS.—A recipient of a 

11 grant under this section may not use more than 10 

12 percent of the total amount received under this sec13 tion for administrative costs. 

14 (g) ALLOCATION OF RESOURCES.— 

15 (1) INITIAL ELIGIBILITY.—The Secretary, in 

16 consultation with the Secretary of Health and 

17 Human Services, the Secretary of the Treasury, and 

18 the Secretary of Agriculture, shall develop a formula 

19 for determining the initial funding eligibility for eli20 gible grantees based on— 

21 (A) the number of extremely low-income 

22 renter households with severe cost burdens, the 

23 number of extremely low-income households ex24 periencing severe overcrowding, and the unem25 ployment rate in each jurisdiction; 


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1 (B) the prior performance of the grantee, 

2 including whether the eligible grantee has any 

3 unresolved, systemic housing-related civil rights 

4 violations; and 

5 (C) other factors as determined by the Sec6 retary. 

7 (2) NOTIFICATION OF INITIAL ELIGIBILITY.— 

8 The Secretary shall notify eligible grantees of their 

9 initial eligibility for funding within 30 days of the 

10 date of enactment of the appropriate Act making ap11 propriations for the Department for the fiscal year. 

12 (3) STATEMENT OF GRANTEE INTEREST AND

13 COMMITMENT.—Within 90 days of receiving the no14 tification described in paragraph (2), each eligible 

15 grantee shall— 

16 (A) notify the Secretary of its intent to 

17 participate in the program authorized by this 

18 section during the fiscal year for which the Sec19 retary is making funds available; and 

20 (B) if the eligible grantee notifies the Sec21 retary of its intent to participate in the pro22 gram, the eligible grantee shall concurrently 

23 submit— 

24 (i) a detailed plan describing how the 

25 eligible grantee will— 


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1 (I) use the funds to prevent evic2 tions, homelessness, and other hous3 ing instability, consistent with the re4 quirements of this section, including 

5 any plans to distribute the funds to 

6 private nonprofit organizations, other 

7 government entities, public housing 

8 agencies, or other entities as deter9 mined by the Secretary; 

10 (II) implement and administer a 

11 program to distribute funds quickly 

12 and efficiently to eligible households, 

13 including through the use of appro14 priate technology; 

15 (III) make the plan publicly ac16 cessible; and 

17 (IV) raise awareness of the avail18 ability of assistance under the plan, 

19 including among renters and rental 

20 property owners; and 

21 (ii) a statement that the eligible 

22 grantee will participate in a rigorous eval23 uation of the effectiveness of the program, 

24 if requested to do so by the Secretary. 


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1 (4) PLAN SUBMISSION AND PUBLIC AVAIL2 ABILITY.—An eligible grantee shall— 

3 (A) make the plan submitted under para4 graph (3)(B)(i) publicly available on a website 

5 of the eligible grantee, including in a format 

6 that is accessible to individuals with disabilities; 

7 and 

8 (B) conduct public hearings and solicit 

9 comment on the plan submitted under para10 graph (3)(B)(i) using the procedure described 

11 in paragraph (5). 

12 (5) PUBLIC HEARING AND SOLICITATION OF

13 COMMENTS.— 

14 (A) IN GENERAL.—In conducting public 

15 hearings and soliciting comments on a plan sub16 mitted under paragraph (3)(B)(i), each eligible 

17 grantee shall follow the requirements of the cit18 izen participation plan adopted pursuant to sec19 tion 91.105 of title 24, Code of Federal Regula20 tions, or any successor regulation, except as 

21 provided in this paragraph. 

22 (B) INITIAL HEARING.—Before submitting 

23 the plan to the Secretary required under para24 graph (3)(B)(i), an eligible grantee shall— 


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1 (i) hold a public hearing on the plan; 

2 and 

3 (ii) provide the public with a reason4 able opportunity to view and comment on 

5 the plan, which shall be for a period of not 

6 less than 10 days. 

7 (C) SUBSEQUENT HEARINGS.—Not later 

8 than 60 days after the initial hearing under 

9 subparagraph (B), an eligible grantee shall con10 duct a public hearing to solicit feedback on 

11 grants provided under this section. 

12 (D) CONSULTATION.—In addition to any 

13 other citizen participation and consultation re14 quirements, in developing and implementing a 

15 plan to carry out this section, each eligible 

16 grantee shall consult with— 

17 (i) the applicable Continuum or Con18 tinuums of Care for the area served by the 

19 eligible grantee; 

20 (ii) organizations representing under21 served communities and populations; and 

22 (iii) organizations with expertise in af23 fordable housing, fair housing, and services 

24 for individuals with disabilities. 


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1 (6) ALLOCATION OF PRORATED FUNDS.—Not 

2 later than 120 days after the enactment of appro3 priations Act making appropriations for the program 

4 authorized under this section, the Secretary shall al5 locate to each eligible grantee that notified the Sec6 retary of its intent to participate in the program, 

7 consistent with the requirements in paragraph (3), 

8 the amount of funding for which the eligible grantee 

9 is eligible under the formula described in paragraph 

10 (1), plus any additional prorated amounts made 

11 available as a result of State, local, and Tribal gov12 ernments having notified the Secretary of their in13 tent to decline to participate or has indicated its in14 tent not to participate under the terms of paragraph 

15 (3), in accordance with the payment schedule de16 scribed in paragraph (8). 

17 (7) DISTRIBUTION OF DECLINED FUNDS.— 

18 (A) IN GENERAL.—If the Secretary deter19 mines as of 120 days after the enactment of ap20 propriations for the program authorized under 

21 this section that an eligible grantee has declined 

22 to receive its full allocation or has not indicated 

23 its intent to participate, not later than 15 days 

24 after such date, the Secretary— 


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1 (i) except as provided in clause (ii) 

2 and subparagraph (B), shall redistribute, 

3 on a pro rata basis, such allocation among 

4 the other eligible grantees in the State (or 

5 States, if the eligible grantee is a Tribal 

6 government with jurisdiction in more than 

7 1 State) that have not declined to receive 

8 their allocations; or 

9 (ii) if no other eligible grantees exist 

10 in a relevant State, may contract with 

11 units of local government within the State 

12 to administer funds within the State. 

13 (B) EXCEPTION.—If a redistribution under 

14 subparagraph (A)(i) would result in eligible 

15 grantees in a State receiving an increase of not 

16 less than 20 percent in funds received under 

17 the grant program, any amount above the 20 

18 percent increase in funds shall be returned to 

19 the Secretary and distributed across all eligible 

20 grantees that did not decline their full alloca21 tion. 

22 (h) CONTINUOUS IMPROVEMENT.—The Secretary 

23 shall establish a process that incorporates findings from 

24 rigorous evaluation of the grant program authorized under 


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1 this section into subsequent guidance and best practices 

2 for eligible grantees. 

3 (i) EVALUATION OF GRANTEES.—The Secretary 

4 shall— 

5 (1) using data provided by eligible grantees, 

6 conduct a rigorous evaluation of the grant program 

7 authorized under this section that includes an as8 sessment of— 

9 (A) the ease with which eligible households 

10 are able to access assistance; 

11 (B) the effectiveness of the intervention 

12 models of the program in preventing housing 

13 instability in general and for eligible households 

14 of different types and income levels; 

15 (C) the cost-effectiveness of the program; 

16 and 

17 (D) other indicators as determined by the 

18 Secretary; 

19 (2) publicly disseminate, through internet 

20 websites and other means, interim findings as soon 

21 as they become available relating to programs estab22 lished by recipients of a grant under this section; 

23 and 

24 (3) make the evaluations described in para25 graph (1) publicly available. 


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1 (j) REPORTING REQUIREMENTS.— 

2 (1) IN GENERAL.—The Secretary shall publish 

3 public reports not less frequently than annually re4 garding the use of funds made available under this 

5 section, which shall include, with respect to each eli6 gible grantee under this section— 

7 (A) the number of eligible households that 

8 receive assistance; 

9 (B) the acceptance rate of applicants for 

10 assistance; 

11 (C) the type or types of assistance pro12 vided to each eligible household; 

13 (D) the average amount of funding pro14 vided per eligible household receiving assistance; 

15 (E) the average number of monthly rental 

16 or utility payments that were covered by the 

17 funding amount that an eligible household re18 ceived, as applicable; 

19 (F) the rate of evictions in the jurisdiction; 

20 and 

21 (G) the rate of evictions of households that 

22 received assistance under this program in the 

23 jurisdiction. 

24 (2) DATA.—Each report under this subsection 

25 shall disaggregate the information relating to eligible 


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1 households by the gender, race, and ethnicity of the 

2 primary applicant for assistance in those eligible 

3 households. 

4 (3) ALTERNATIVE REQUIREMENTS.—The Sec5 retary may establish alternative reporting require6 ments for Tribal and territorial eligible grantees and 

7 Tribally designated housing entities in carrying out 

8 activities under this section, including exempting 

9 Tribal eligible grantees and Tribally designated 

10 housing entities from— 

11 (A) the Fair Housing Act (42 U.S.C. 3601 

12 et seq.); and 

13 (B) the citizen participation and consulta14 tion requirements under subpart B of part 91 

15 of title 24, Code of Federal Regulations, or any 

16 successor regulation. 

17 (4) PRIVACY REQUIREMENTS.— 

18 (A) IN GENERAL.—Each eligible grantee 

19 that receives a grant under this section shall es20 tablish data privacy and security requirements 

21 for the information described in paragraph (1) 

22 that— 

23 (i) include appropriate measures to 

24 ensure that the privacy of individuals is 

25 protected; 


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1 (ii) provide that the information, in2 cluding any personally identifiable informa3 tion, is collected and used only for the pur4 pose of submitting reports under para5 graph (1); and 

6 (iii) provide confidentiality protections 

7 for data collected about any individuals 

8 who are survivors of intimate partner vio9 lence, sexual assault, or stalking. 

10 (B) STATISTICAL RESEARCH.— 

11 (i) IN GENERAL.—The Secretary— 

12 (I) may provide full and 

13 unredacted information provided 

14 under subparagraphs (A) through (F) 

15 of paragraph (1), including personally 

16 identifiable information, for statistical 

17 research purposes in accordance with 

18 existing law; and 

19 (II) may collect and make avail20 able for statistical research, at the 

21 census block group level, information 

22 collected under subparagraph (A). 

23 (ii) APPLICATION OF PRIVACY RE24 QUIREMENTS.—A recipient of information 

25 under clause (i) shall establish for such inVerDate Sep 11 2014 00:30 Jul 01, 2021 Jkt 019200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S2182.IS S2182

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1 formation the data privacy and security re2 quirements described in subparagraph (A). 

3 (5) PROVISION OF DATA.—Each eligible grantee 

4 shall provide to the Secretary such data as may be 

5 necessary for the Secretary to complete the report6 ing requirements under this subsection. 

7 (k) REPORT ON PROGRAM.—Not later than 5 years 

8 after the establishment of the program under this section, 

9 the Secretary shall submit to the Committee on Banking, 

10 Housing, and Urban Affairs of the Senate and the Com11 mittee on Financial Services of the House of Representa12 tives and publish in the Federal Register a report— 

13 (1) evaluating the effectiveness of the strategies 

14 pursued under the grant program; and 

15 (2) that includes recommendations for any nec16 essary changes to law. 

17 (l) AUTHORIZATION OF APPROPRIATIONS.— 

18 (1) IN GENERAL.—There is authorized to be 

19 appropriated $3,000,000,000 for each of fiscal years 

20 2022 through 2026, and such sums as may be nec21 essary for each fiscal year thereafter, to carry out 

22 this section. 

23 (2) RESERVATION OF FUNDS FOR TRIBAL COM24 MUNITIES.—Of the amount appropriated under 

25 paragraph (1), the Secretary shall reserve 


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1 $9,600,000 for activities and assistance authorized 

2 under titles I and VIII of the Native American 

3 Housing Assistance and Self-Determination Act of 

4 1996 (25 U.S.C. 4111 et seq.) and title I of the 

5 Housing and Community Development Act of 1974 

6 (42 U.S.C. 5301 et seq.) with respect to Indian 

7 Tribes, which shall be made available for entities 

8 that are eligible for payments under clauses (i) and 

9 (ii) of section 501(b)(2)(A) of subtitle A of title V 

10 of division N of the Consolidated Appropriations 

11 Act, 2021 (Public Law 116–260). 

12 (3) ALLOCATION FOR STATES, TERRITORIES, 

13 AND UNITS OF LOCAL GOVERNMENT.—The amount 

14 appropriated under paragraph (1) for a fiscal year 

15 that remains after the application of paragraph (2) 

16 shall be allocated to eligible grantees that are eligible 

17 under subtitle A of title II of the Cranston-Gonzalez 

18 National Affordable Housing Act (42 U.S.C. 12741 

19 et seq.), to be used in a manner that conforms to 

20 the formula authorized under section (f). 

21 (4) PRO RATA AVAILABILITY.—The Secretary 

22 shall only distribute a pro rata amount of the total 

23 appropriated under paragraph (1) in a fiscal year 

24 based on the number of eligible grantees that are eliVerDate Sep 11 2014 00:30 Jul 01, 2021 Jkt 019200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S2182.IS S2182

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1 gible to receive a grant due to the limitation de2 scribed in subsection (m)(4). 

3 (m) AVAILABILITY.— 

4 (1) IN GENERAL.—Each eligible grantee shall— 

5 (A) with respect to the first 2 fiscal years 

6 in which grants are awarded under this sec7 tion— 

8 (i) obligate not less than 60 percent of 

9 such grant amounts within 2 years of the 

10 date that such funds become available to 

11 the eligible grantee for obligation; and 

12 (ii) obligate 100 percent of such grant 

13 amounts within 3 years of such date; and 

14 (B) for each subsequent fiscal year— 

15 (i) obligate not less than 60 percent of 

16 such grant amounts within 1 year of the 

17 date that such funds become available to 

18 the eligible grantee for obligation; and 

19 (ii) obligate 100 percent of such grant 

20 amounts within 2 years of such date. 

21 (2) REALLOCATION AFTER 2 YEARS.— 

22 (A) IN GENERAL.—The Secretary may re23 capture any amounts not obligated in compli24 ance with paragraph (1)(A) and reallocate and 

25 repay such amounts to eligible grantees in comVerDate Sep 11 2014 00:30 Jul 01, 2021 Jkt 019200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S2182.IS S2182

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1 pliance that, at the time of reallocation, have 

2 obligated not less than 65 percent of the 

3 amount originally allocated and paid to the eli4 gible grantee. 

5 (B) AMOUNT.—The amount of a realloca6 tion described in subparagraph (A) shall be de7 termined based on demonstrated need within 

8 the jurisdiction covered by the eligible grantee, 

9 as determined by the Secretary. 

10 (3) RESCISSION AND REALLOCATION OF

11 FUNDS.—An eligible grantee may use any funds 

12 from grants made under this section that are unobli13 gated within 3 years for purposes in addition to 

14 those specified in this section, provided that such 

15 other purposes are affordable housing purposes, as 

16 defined by the Secretary, serving very low-income 

17 families (as such term is defined in section 3(b) of 

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

19 1437a(b)). 

20 (4) LIMITATION ON AVAILABILITY OF FUNDS.— 

21 An eligible grantee may only receive a grant under 

22 this section after the earlier of— 

23 (A) the date on which the eligible grantee 

24 has expended all funds provided under the 

25 emergency rental assistance programs under 


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1 section 501 of division N of the Consolidated 

2 Appropriations Act, 2021 (Public Law 116– 

3 260) and section 3201 of the American Rescue 

4 Plan Act (Public Law 117–2); or 

5 (B) the date on which funds provided 

6 under the emergency rental assistance pro7 grams under section 501 of division N of the 

8 Consolidated Appropriations Act, 2021 (Public 

9 Law 116–260) and section 3201 of the Amer10 ican Rescue Plan Act (Public Law 117–2) are 

11 no longer available for obligation. 

12 (n) PROHIBITION ON PREREQUISITES.—None of the 

13 funds made available pursuant to this section may be used 

14 to require any eligible household receiving assistance 

15 under the program under this section to receive treatment 

16 or perform any other prerequisite activities as a condition 

17 for receiving shelter, housing, or other services. 

18 (o) USE OF SELF-CERTIFICATION OR SELF-ATTES19 TATION.—The Secretary shall require eligible grantees to 

20 allow eligible households to use self-certification or self21 attestation to meet statutory or regulatory requirements, 

22 to the greatest extent possible. 

23 (p) TREATMENT OF ASSISTANCE.— Assistance pro24 vided to an eligible household from a payment made under 

25 this section shall not be regarded as income and shall not 


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1 be regarded as a resource for purposes of determining the 

2 eligibility of the eligible household or any member of the 

3 eligible household for benefits or assistance, or the amount 

4 or extent of benefits or assistance, under any Federal pro5 gram or under any State, local, or Tribal program fi6 nanced in whole or in part with Federal funds. 

7 (q) WRITTEN NOTICE OF DENIAL OF ASSISTANCE.— 

8 An eligible household that is denied assistance by an eligi9 ble grantee under the grant program under this section 

10 shall receive written notice of the denial of assistance with11 in 5 days of the denial, which shall describe the basis for 

12 the denial and provide the eligible household with not less 

13 than 10 days to correct or amend the application. 

14 (r) NON-SUPPLANTATION REQUIREMENT.—An eligi15 ble grantee under this section shall expend, from other 

16 Federal funding sources available to the eligible grantee, 

17 an amount equal to the average fiscal year amount of total 

18 expenditures the eligible grantee made for eviction preven19 tion, housing stabilization, and homelessness assistance 

20 for fiscal years 2017, 2018, and 2019 for those same ac21 tivities during the fiscal year for which funds are paid to 

22 an eligible grantee under this section. 

23 SEC. 9. TENANT SCREENING REPORTS. 

24 The Fair Credit Reporting Act (15 U.S.C. 1601 et 

25 seq.) is amended— 


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1 (1) in section 604 (15 U.S.C. 1681b), by add2 ing at the end the following: 

3 ‘‘(h) ADDITIONAL REQUIREMENT RELATING TO USE

4 OF CONSUMER REPORT FOR RENTAL HOUSING.—If a 

5 person procures a consumer report, or causes a consumer 

6 report to be procured, from a consumer reporting agency 

7 in connection with evaluating a consumer applying for ten8 ancy in rental housing, the consumer reporting agency 

9 shall provide to the consumer a copy of the consumer re10 port.’’; and 

11 (2) in section 605(a) (15 U.S.C. 1681c(a)), by 

12 adding at the end the following: 

13 ‘‘(9) Eviction judgments and related suits in in14 stances of an eviction judgment that is in the favor 

15 of the tenant.’’. 

16 SEC. 10. GAO STUDY AND REPORT. 

17 (a) STUDY.—The Comptroller General of the United 

18 States shall conduct a comprehensive qualitative and 

19 quantitative study to— 

20 (1) track evictions during the period for which 

21 appropriate data is available or the 30-year period 

22 preceding the date of enactment of this Act, which23 ever is shorter; 

24 (2) analyze local eviction laws, regulations, and 

25 judicial process; and 


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1 (3) assess the factors that contribute to evic2 tions and whether those factors differ in urban areas 

3 versus suburban and rural areas, as well as across 

4 different protected class groups, including race, 

5 color, national origin, religion, sex, familial status, 

6 disability status, and age. 

7 (b) REPORT.—Not earlier than 5 years but not later 

8 than 6 years after the date of enactment of this Act, the 

9 Comptroller General of the United States shall submit to 

10 Congress a report on the grants awarded pursuant to sec11 tions 4, 6, and 8 of this Act, including best estimates of 

12 the amount saved, if any, at all levels of government on 

13 housing, medical, or social welfare programs, as well as 

14 any additional revenues generated by participants being 

15 more likely to remain employed or for other reasons. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated such sums as may be 

18 necessary to carry out this section. 

19 SEC. 11. RULE OF CONSTRUCTION. 

20 Nothing in this Act may be construed to— 

21 (1) deny a landlord the ability to file and exe22 cute an eviction for a lawful reason; or 


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1 (2) change the standards for determining a vio2 lation of the Fair Housing Act (42 U.S.C. 3601 et 

3 seq.). 

Æ 


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