Emergency Eviction Enforcement Act of 2021
Bill: H.R.1451 | Sponsor: Rep. Cohen, Steve (D-TN)
Policy area: Housing and Community Development

Summary:
Emergency Eviction Enforcement Act of 2021
This bill prohibits a landlord, during a national emergency, from (1) evicting a tenant without a court order, (2) creating a hostile environment for a tenant for the purpose of causing the tenant to vacate, or (3) impairing the habitability of a dwelling for the purpose of causing the tenant to vacate. Violators are subject to civil penalties.

To amend title 18, United States Code, to provide for prohibitions on 
                   eviction, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Eviction Enforcement Act 
of 2021''.

SEC. 2. PROHIBITION ON EVICTION DURING NATIONAL EMERGENCY.

    (a) Civil Action.--Any person injured by a violation of this 
section, or the Attorney General, on behalf of such person, unless such 
person at any time may bring a cause of action for injunctive relief, 
repossession of the property under the terms prior to the violation of 
this section, and damages equal to the greater of three times the 
amount of the injury or three times the amount of any rent charged for 
the covered dwelling following a violation of this section, and may be 
awarded attorneys' fees. If the prevailing party is the Attorney 
General, any damages recovered shall be disbursed equally between--
            (1) the victim of the offense;
            (2) a fund that shall be available to the Attorney General 
        without further appropriation or limitation as to fiscal year, 
        exclusively for purposes of engaging in other civil actions 
        under this section; and
            (3) the Legal Services Corporation for purposes of any 
        activities to support the provision of fair housing.
    (b) In General.--Whoever, being a lessor of a covered dwelling, 
knowingly--
            (1) repossesses or physically attempts to repossess a 
        covered dwelling from a tenant of the covered dwelling without 
        a duly issued order from a court of jurisdiction;
            (2) threatens, harasses, intimidates, or creates a hostile 
        environment for a tenant of a covered dwelling for the purpose 
        of causing the tenant to vacate the covered dwelling; or
            (3) impairs the habitability of a covered dwelling 
        (including suspending utility service, changing locks, refusing 
        to repair structure, plumbing, electrical, ventilation systems, 
        maintain appliances in state of good repair) for the purpose of 
        causing the tenant to vacate the covered dwelling,
shall have violated this section.
    (c) Definition.--In this section:
            (1) The term ``dwelling''--
                    (A) has the meaning given the term in section 802 
                of the Fair Housing Act (42 U.S.C. 3602); and
                    (B) includes houses and dwellings described in 
                section 803(b) of such Act (42 U.S.C. 3603(b)).
            (2) The term ``covered dwelling'' means a dwelling located 
        in an area designated by the President as a national emergency, 
        for the duration of the designation, under the National 
        Emergencies Act (50 U.S.C. 1601 et seq.), Public Health Service 
        Act (42 U.S.C. 247d), or Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5121 et seq.).
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