I 
117TH CONGRESS 
1ST SESSION H. R. 5361 
To require the Secretary of Housing and Urban Development to establish 
a national evictions database, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 24, 2021 
Ms. DELAURO
(for herself, Mr. AUCHINCLOSS, Ms. BONAMICI, Mr. 
LOWENTHAL, Mr. POCAN, Ms. MCCOLLUM, Ms. NORTON, Mr. MCGOV-
ERN, Mr. GARCI´A of Illinois, Mr. SAN NICOLAS, Mr. EVANS, Ms. GARCIA 
of Texas, Mr. COOPER, Ms. ROSS, Mr. BLUMENAUER, Ms. JAYAPAL, Ms. 
TITUS, Mr. GREEN of Texas, and Ms. SCHAKOWSKY) introduced the fol-
lowing bill; which was referred to the Committee on Financial Services 
A BILL 
To require the Secretary of Housing and Urban Development 
to establish a national evictions database, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘We Need Eviction 
Data Now Act of 2021’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) ADMINISTRATIVE
EVICTION.—The term 
‘‘administrative eviction’’ means a ruling in favor of 
the landlord in an administrative forum within a 
public housing agency, such as grievance procedures, 
to recover possession of residential property from a 
tenant, including a tenant residing in a public hous-
ing dwelling unit or receiving tenant-based assist-
ance or project-based assistance under section 8 of 
the United States Housing Act of 1937 (42 U.S.C. 
1437f). 
(2) COURT-ORDERED
EVICTION.—The term 
‘‘court-ordered eviction’’ means a court ruling in 
favor of the landlord in a legal action to recover pos-
session of residential property from a tenant, includ-
ing a tenant residing in a public housing dwelling 
unit or receiving tenant-based assistance or project- 
based assistance under section 8 of the United 
States Housing Act of 1937 (42 U.S.C. 1437f). 
(3) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Housing and Urban De-
velopment. 
(4) EXECUTED EVICTION.—The term ‘‘executed 
eviction’’ means a court order carried out by a sher-
iff’s office or other law enforcement agency that re-
sulted in the landlord recovering possession of resi-
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dential property from a tenant, including a tenant 
residing in a public housing dwelling unit or receiv-
ing tenant-based assistance or project-based assist-
ance under section 8 of the United States Housing 
Act of 1937 (42 U.S.C. 1437f). 
(5) ILLEGAL EVICTION.—The term ‘‘illegal evic-
tion’’ means self-help measures taken outside of the 
legal process for eviction to recover possession of 
residential property from a tenant, including a ten-
ant residing in a public housing dwelling unit or re-
ceiving tenant-based assistance or project-based as-
sistance under section 8 of the United States Hous-
ing Act of 1937 (42 U.S.C. 1437f), such as— 
(A) willfully interrupting or permitting the 
interruption of essential items of services re-
quired by the rental agreement; 
(B) blocking or attempting to block the 
entry of a tenant upon the premises; 
(C) changing the locks or removing the 
front door of the premises; 
(D) removing the belongings of a tenant; 
and 
(E) any other action defined as a self-help 
eviction under State landlord-tenant law. 
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of residence of the tenant or resident for which 
that tenant or resident has not been convicted. 
(7) PUBLIC HOUSING; PUBLIC HOUSING AGEN-
CY.—The terms ‘‘public housing’’ and ‘‘public hous-
ing agency’’ have the meanings given those terms in 
section 3(b) of the United States Housing Act of 
1937 (42 U.S.C. 1437a(b)). 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Housing and Urban Development. 
SEC. 3. NATIONAL DATABASE OF EVICTIONS. 
(a) ESTABLISHMENT OF DATABASE.—Not later than 
1 year after the date of enactment of this Act, the Sec-
retary shall establish and maintain a database that— 
(1) is accessible to the Office of Policy Develop-
ment and Research and the Office of Fair Housing 
and Equal Opportunity of the Department and other 
employees of the Department as determined nec-
essary by the Secretary; 
(2) includes the data described in subsection (b) 
with respect to court-ordered evictions, administra-
tive evictions, and illegal evictions in the United 
States; and 
(3) ensures appropriate security to prevent im-
proper disclosure of that data. 
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(b) CONTENTS.—The database established under 
subsection (a) shall contain the following data: 
(1) DATA ON EACH COURT-ORDERED OR AD-
MINISTRATIVE
EVICTION.—With respect to each 
court-ordered or administrative eviction case filed on 
or after the date on which the database is estab-
lished: 
(A) Information on the tenant who is the 
defendant, including— 
(i) the name of the tenant; 
(ii) the address of the residential 
property and the type of housing; 
(iii) the number of household mem-
bers residing in the property, including the 
number of children; and 
(iv) whether the tenant is a recipient 
of tenant-based or project-based assistance 
under section 8 of the United States Hous-
ing Act of 1937 (42 U.S.C. 1437f). 
(B) Information on the landlord who filed 
the court-ordered or administrative eviction 
case, including— 
(i) the name of the landlord; 
(ii) the name of the attorney or legally 
permitted representative of the landlord, or 
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an indication that the landlord was self- 
represented; 
(iii) any amount that the landlord al-
leges that the tenant owes, including any 
penalties and attorney’s fees; and 
(iv) any costs incurred by the landlord 
for engaging in the eviction process, in-
cluding— 
(I) court costs, such as filing 
fees; 
(II) the cost of legal representa-
tion; and 
(III) the cost to set out a tenant. 
(C) Procedural data on the court-ordered 
or administrative eviction case, including— 
(i) the date, if applicable, on which 
the tenant was served with a notice to quit; 
(ii) the date of the initial court filing 
by the landlord; 
(iii) the reason why the landlord filed 
for eviction, such as nonpayment or breach 
of lease; 
(iv) whether the eviction was as a re-
sult of the enforcement of a local ordinance 
impacting eviction; 
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(v) the final outcome of the court-or-
dered or administrative eviction case, in-
cluding— 
(I) the disposition of the case, in-
cluding whether the initial hearing re-
sulted in a default judgment, dis-
missal, consent agreement, settlement, 
or trial; 
(II) the date of final disposition; 
(III) any amount owed to the 
landlord or tenant, if any, and over 
what time period; 
(IV) whether a judgment was 
made in favor of the tenant for code 
violations or warranty of habitability 
claims; 
(V) the overall outcome of the 
case, including whether the tenant 
paid any amounts to the landlord and 
whether the tenant stayed in the 
housing or was evicted from the hous-
ing; and 
(VI) whether the tenant had legal 
representation and the nature of that 
representation, including a lawyer, a 
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law student participating in a clinic, 
or another non-lawyer trained to rep-
resent clients in landlord-tenant court, 
or whether the tenant was a lawyer 
representing himself or herself; 
(vi) the total court fees incurred by 
the tenant, separated into categories of 
fees; 
(vii) the total court fees incurred by 
the landlord; 
(viii) whether the landlord had ap-
peared in landlord-tenant court for a 
court-ordered or administrative eviction 
matter involving the landlord in the 6- 
month, 1-year, or 2-year period preceding 
the court-ordered or administrative eviction 
case; and 
(ix) whether the tenant had appeared 
in landlord-tenant court for a court-or-
dered or administrative eviction matter in-
volving the landlord in the 6-month, 1- 
year, or 2-year period preceding the court- 
ordered or administrative eviction case. 
(2) AGGREGATE DATA ON COURT-ORDERED OR 
ADMINISTRATIVE EVICTION CASES.—Aggregate data 
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on court-ordered or administrative eviction cases 
filed on or after the date on which the database is 
established, including— 
(A) the total number of cases filed, includ-
ing a breakdown by— 
(i) the number of cases filed for non-
payment, other breach of lease, both non-
payment and breach of lease, and any 
other reason; 
(ii) the number of cases filed because 
of the enforcement of a local ordinance im-
pacting eviction; and 
(iii) the outcome of the dispositive 
hearing, including default judgment, dis-
missal, a consent agreement, a trial, and a 
settlement with or without mediation; 
(B) the number of tenants and landlords 
who showed up for the dispositive hearing of a 
court-ordered or an administrative eviction case, 
and how many were represented by counsel; 
(C) the average duration of a court-or-
dered or an administrative eviction case, includ-
ing the average time from filing to first hear-
ing; 
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(D) the average amount allegedly owed by 
a tenant, per landlord; 
(E) the average months of rent allegedly 
owed by a tenant; 
(F) the average amount paid by a tenant 
to resolve the case and stay in the housing; 
(G) the number of court-ordered or admin-
istrative eviction cases resulting in a judgment 
in favor of the tenant due to code violations or 
warranty of habitability claims; 
(H) the number and percentage of court- 
ordered or administrative eviction cases broken 
down by age bracket; 
(I) the number and percentage of court-or-
dered or administrative eviction cases with a 
tenant or household with children; 
(J) the number of tenants evicted from 
public housing, broken down by each public 
housing agency; 
(K) the number of tenants evicted from 
dwelling units who were receiving tenant-based 
assistance or project-based assistance under 
section 8 of the United States Housing Act of 
1937 (42 U.S.C. 1437f); and 
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(L) the number of court-ordered or admin-
istrative eviction or cases where late fees were 
collected from tenants by landlords, and the av-
erage amount of late fees in those cases. 
(3) DATA
ON
EXECUTED
EVICTIONS.—Local 
law enforcement or any other official who executes 
an eviction shall report to the adjudicating court or 
administrative forum sufficient data on each exe-
cuted eviction, such that the court may determine 
which court-ordered or administrative evictions re-
sulted in a law enforcement officer or other local of-
ficial removing the tenant. 
(4) DATA ON TENANT STATUS FOLLOWING A 
COURT-ORDERED OR ADMINISTRATIVE EVICTION.— 
Each court or administrative forum responsible for 
adjudicating evictions should contact landlords to de-
termine whether tenants who were the subject of a 
court-ordered or administrative eviction were re-
moved or remained in the property 90 days after the 
court-ordered or administrative eviction. 
(5) DATA ON EACH ILLEGAL EVICTION.—With 
respect to each illegal eviction occurring on or after 
the date on which the database is established, as re-
ported by local governments and nonprofit organiza-
tions receiving grants under section 6: 
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(A) The data described in paragraph 
(1)(A). 
(B) Information on the landlord, includ-
ing— 
(i) the name of the landlord; and 
(ii) any amount that the landlord al-
leges that the tenant owes, including any 
penalties. 
(C) The reason the tenant was evicted. 
(D) If the tenant was evicted for non-
payment, the amount owed. 
(E) If the tenant was evicted for non-
payment, the total number of months owed. 
(F) Whether the tenant was evicted be-
cause of the enforcement of a local ordinance 
impacting eviction. 
(6) AGGREGATE
DATA
ON
ILLEGAL
EVIC-
TIONS.—Aggregate data on illegal eviction cases oc-
curring on or after the date on which the database 
is established, as reported by local governments and 
nonprofit organizations receiving grants under sec-
tion 6, including— 
(A) the average amount owed by a tenant, 
per landlord; 
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(B) the average months of rent owed by a 
tenant; 
(C) the number and percentage of illegal 
eviction cases broken down by age bracket; 
(D) the number and percentage of illegal 
eviction cases with a tenant or household with 
children; 
(E) the number and percentage of illegal 
eviction cases broken down by race and eth-
nicity; 
(F) the number and percentage of illegal 
eviction cases broken down by gender; 
(G) the number and percentage of illegal 
eviction cases broken down by disability status; 
and 
(H) the number and percentage of illegal 
eviction cases based on the enforcement of a 
local ordinance impacting eviction. 
(c) SUBMISSION OF DATA.— 
(1) SUBMISSION BY COURTS.—Not later than 
March 1 of each year, the Attorney General of each 
State shall submit to the Secretary data on court- 
ordered eviction cases that occurred in that State 
during the preceding calendar year for inclusion in 
the database established under this section. 
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(2) SUBMISSION TO SECRETARY.— 
(A) IN GENERAL.—The Attorney General 
of the State shall— 
(i) ensure the accuracy and consist-
ency of the data submitted under para-
graph (1); and 
(ii) upon receipt of the data, aggre-
gate the data and report the individual and 
aggregate data to the Secretary in a timely 
manner. 
(B) SUBMISSION BY COURTS.—If the At-
torney General of the State fails to submit the 
data described in paragraph (1) to the Sec-
retary in a timely manner under subparagraph 
(A), the clerk of each State or local court that 
handles landlord-tenant cases may submit the 
data directly to the Secretary. 
(d) GUIDELINES.—The Secretary shall promulgate 
rules and establish guidelines for the submission of data 
under subsection (c) and publication of data in the data-
base established under this section, which shall include— 
(1) a technological solution that provides a sin-
gle point of entry for data submissions to reduce the 
burden on clerks of the courts; 
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(2) in consultation with local governments and 
judges, appropriate safeguards for protecting the 
privacy of personally identifiable information of vul-
nerable populations, which shall incorporate con-
fidentiality measures to ensure that any personally 
identifiable information regarding a tenant who is a 
victim of domestic violence, dating violence, sexual 
assault, or stalking is not disclosed during the proc-
ess of data submission and publication; 
(3) standards for— 
(A) external researchers to be granted per-
mission to access data in the database, includ-
ing both aggregate data and, if necessary for 
the conduct of their research, personally identi-
fiable information, with appropriate safeguards 
to ensure identities are protected in any pub-
licly released analysis; 
(B) the establishment of a research data 
center to support analysis of that data; and 
(C) using generally accepted statistical 
principles to validate the data, in consultation 
with outside participants; 
(4) methods for collecting data required under 
subsection (b) that are not currently collected; 
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(5) establishing definitions for terms related to 
the eviction process based on how they are legally 
defined by courts of jurisdiction handling eviction 
cases; and 
(6) standards for local officials to identify and 
designate social services agencies that may access 
the database to provide targeted social services to 
those tenants. 
(e) ANNUAL REPORTS.—Not later than 1 year after 
the date of enactment of this Act, and each year there-
after, the Secretary shall make publicly available a report 
on the contents of the database established under this sec-
tion. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary such 
sums as may be necessary to carry out this section. 
SEC. 4. GRANT PROGRAM TO COLLECT DATA ON ILLEGAL 
EVICTIONS. 
(a) IN GENERAL.—The Secretary shall award grants 
to local governments and nonprofit organizations to set 
up programs to collect data from landlords on illegal evic-
tions in the United States. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary such 
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sums as may be necessary for each of fiscal years 2022 
through 2026 to provide grants under this section. 
SEC. 5. ADVISORY COMMITTEE. 
(a) IN GENERAL.—The Secretary shall establish an 
advisory committee to be known as the Committee on 
Eviction Research (in this section referred to as the ‘‘Com-
mittee’’) to advise the Secretary on matters relating to— 
(1) the creation, operation, maintenance, meth-
odology, and privacy matters of the statistical efforts 
relating to the database established under section 5; 
(2) developing a research agenda to determine 
the causes and consequences of evictions; and 
(3) illuminating policies or practices that reduce 
the number of evictions or mitigate the consequences 
of evictions. 
(b) MEMBERSHIP.— 
(1) IN
GENERAL.—The Committee shall be 
composed of 14 members who shall be appointed by 
the Secretary, in consultation with the chair and 
ranking member of the Committee on Banking, 
Housing, and Urban Affairs of the Senate and the 
chair and ranking member of the Committee on Fi-
nancial Services of the House of Representatives, of 
whom— 
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(A) 2 members shall be employees of the 
Department with expertise in housing data and 
an interest in issues relating to evictions and 
housing instability; 
(B) 2 members shall be representatives of 
landlords; 
(C) 5 members shall be from the academic 
or research community; 
(D) 3 members shall be from civil society, 
of whom not less than 2 shall be from entities 
that advocate for civil rights related to housing 
or eviction; and 
(E) 2 members shall be from private in-
dustry, civil society, or the academic community 
with backgrounds in data science and privacy. 
(2) CHAIR.—The Secretary shall appoint a 
chair of the Committee from among the members of 
the Committee. 
(3) PERIOD OF APPOINTMENT; VACANCIES.— 
(A) IN GENERAL.—A member of the Com-
mittee shall be appointed for a period of 2 
years. 
(B) VACANCIES.—A vacancy in the Com-
mittee— 
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(i) shall not affect the powers of the 
Committee; and 
(ii) shall be filled in the same manner 
as the original appointment. 
(c) MEETINGS.—The Committee shall meet— 
(1) in person not less frequently than twice 
each year; and 
(2) via teleconference not less frequently than 
once every 2 months. 
(d) POWERS.—In carrying out the duties of the Com-
mittee, the Committee may— 
(1) hold such hearings, sit, and act at such 
times and places, take such testimony, and receive 
such evidence as the Committee determines to be ap-
propriate; 
(2) issue reports, guidelines, and memoranda; 
(3) hold or host conferences and symposia; 
(4) enter into cooperative agreements with 
third-party experts to obtain relevant advice or ex-
pertise, and oversee staff; 
(5) establish subcommittees; and 
(6) establish rules of procedure. 
(e) GIFTS.—The Committee may accept, use, and 
dispose of gifts or donations of services or property. 
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(f) TRAVEL EXPENSES.—The members of the Com-
mittee shall be allowed travel expenses, including per diem 
in lieu of subsistence, at rates authorized for employees 
of agencies under subchapter I of chapter 57 of title 5, 
United States Code, while away from their homes or reg-
ular places of business in the performance of service for 
the Committee. 
(g) STAFF.— 
(1) IN GENERAL.—The chair of the Committee 
may, without regard to the civil service laws (includ-
ing regulations), appoint and terminate an executive 
director and such other additional personnel as may 
be necessary to enable the Commission to perform 
its duties, except that the employment of an execu-
tive director shall be subject to confirmation by the 
Commission. 
(2) COMPENSATION.—The chair of the Com-
mittee may fix the compensation of the executive di-
rector and other personnel without regard to chapter 
51 and subchapter III of chapter 53 of title 5, 
United States Code, relating to classification of posi-
tions and General Schedule pay rates, except that 
the rate of pay for the executive director and other 
personnel may not exceed the rate payable for level 
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V of the Executive Schedule under section 5316 of 
that title. 
(h) REPORT.—Not later than 90 days after the date 
on which the Committee terminates, the Committee shall 
submit to the Secretary a report containing— 
(1) recommendations for statistical efforts re-
lating to the database established under section 5, 
including how additional data may potentially be col-
lected, consistent with civil rights protections, to un-
derstand eviction trends by race, gender, disability 
status, ethnicity, age, and immigration status; and 
(2) a research agenda to determine the causes 
and consequences of evictions and to illuminate poli-
cies or practices that reduce the number of evictions 
or mitigate the consequences of evictions, including 
an assessment of the housing challenges resulting 
from the prohibition on public housing participation 
due to the prior eviction of an individual. 
(i) NO ADDITIONAL FUNDS.—The amounts nec-
essary to carry out this section shall be derived from 
amounts appropriated or otherwise made available to the 
Secretary. 
Æ 
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