Eviction Right to Counsel Act of 2024

Bill: 118-s-4646
Sponsor: full_name: Sen. Booker, Cory A. [D-NJ]
Introduced: 2024-07-09
Policy area: Housing and Community Development
Latest action: action_date: 2024-07-09
text: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 4646 IN THE SENATE OF THE UNITED STATES July 9, 2024 Mr. Booker (for himself, Mr. Van Hollen , Mr. Wyden , Ms. Warren , and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To provide grants to State and local governments that enact right to counsel legislation for low-income tenants facing eviction, and for other purposes.

1. Short title This Act may be cited as the Eviction Right to Counsel Act of 2024 . 2. Eviction right to counsel fund (a) Definitions In this section: (1) Covered individual The term covered individual means a tenant with an income that is equal to or less than 200 percent of the Federal poverty line. (2) Covered proceeding The term covered proceeding means a civil action in a court or administrative forum for— (A) eviction, or an equivalent ejectment, from the primary residence of the tenant; or (B) the termination of a housing subsidy. (3) Eligible entity The term eligible entity means a State government, a local government, or an Indian Tribal government. (4) Fund The term Fund means the Eviction Right to Counsel Fund established under subsection (b). (5) Indian Tribal government The term Indian Tribal government has the meaning given the term Indian tribal government in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ). (6) Right to counsel legislation The term right to counsel legislation means legislation that specifies that full legal representation shall be provided at no cost to all covered individuals in a covered proceeding. (7) Secretary The term Secretary means the Secretary of Housing and Urban Development. (8) State The term State means each of the 50 States, the District of Columbia, and any territory or possession of the United States. (b) Establishment of fund (1) In general There is established in the Treasury of the United States a fund to be known as the Eviction Right to Counsel Fund consisting of the amounts authorized to be appropriated under paragraph (2). (2) Deposits to the fund There are authorized to be appropriated to the Fund $100,000,000 for each of fiscal years 2025 through 2029 for the cost of making grants under subsection (c). (c) Grants (1) In general The Secretary shall establish a program to provide grants to eligible entities that enact right to counsel legislation. (2) Application (A) In general An eligible entity that desires a grant from the Secretary under this subsection shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (B) Requirement An application submitted under subparagraph (A) shall include a certification that the eligible entity has enacted right to counsel legislation. (3) Priority In selecting applicants under this section, the Secretary shall prioritize funding for eligible entities that— (A) have enacted laws that— (i) limit the causes for which a landlord can evict a tenant or refuse to renew the lease of a tenant when the tenant is not at fault or in violation of any law; (ii) require adequate written notice periods of not less than 30 days for tenants facing eviction; (iii) establish eviction diversion programs; or (iv) provide emergency rental assistance to tenants; or (B) will prioritize using grant funds for the training and recruitment of attorneys to provide representation for covered individuals in a covered proceeding. (4) Use of funds A recipient of a grant under this section may use the grant funds for the costs incurred by right to counsel legislation, including providing training resources for attorneys representing covered individuals in covered proceedings.