Eviction Crisis Act of 2019

II 116TH CONGRESS 1ST SESSION S. 3030 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 DECEMBER 12, 2019 Mr. BENNET (for himself, Mr. PORTMAN, Mr. YOUNG, and Mr. BROWN) intro- duced the following bill; which was read twice and referred to the Com- mittee 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Eviction Crisis Act 4 of 2019’’. 5 SEC. 2. FINDINGS. 6 Congress finds that— 7 (1) based on the best available data, hundreds 8 of thousands, and potentially millions, of individuals 9 VerDate Sep 11 2014 22:13 Dec 16, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3030.IS S3030 kjohnson on DSK79L0C42 with BILLS 2 •S 3030 IS and families in the United States face eviction each 1 year; 2 (2) collecting more comprehensive and con- 3 sistent data through a national eviction database 4 would foster a better understanding of the causes 5 and contours of the eviction crisis as well as what 6 efforts should be made to prevent evictions that are 7 costly to tenants, landlords, and communities or to 8 mitigate the consequences of evictions when they are 9 unavoidable; 10 (3) expanded landlord-tenant community courts 11 can offer services that help tenants become current 12 again on their obligations or offer alternatives to 13 eviction that avoid homelessness or housing insta- 14 bility; 15 (4) emergency assistance programs that provide 16 short-term support to tenants facing a temporary 17 emergency can also help prevent evictions and home- 18 lessness for low-income households; 19 (5) past evictions or eviction filings can con- 20 tribute to the cycle of poverty by appearing on credit 21 reports, and tenants have a right to know whether 22 a tenant screening report contains inaccurate data 23 that may impede their ability to pass a background 24 check and secure a stable home; 25 VerDate Sep 11 2014 22:13 Dec 16, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3030.IS S3030 kjohnson on DSK79L0C42 with BILLS 3 •S 3030 IS (6) the Legal Services Corporation, established 1 in 1974 under the Legal Services Corporation Act 2 (42 U.S.C. 2996 et seq.) and funded by Congress to 3 provide grants for free civil legal aid, has docu- 4 mented— 5 (A) the ongoing justice gap in which 86 6 percent of the civil legal problems reported by 7 low-income people in the United States, includ- 8 ing housing-related legal issues, are handled 9 with inadequate or no assistance from an attor- 10 ney or other legal professional; and 11 (B) that more than 50 percent of the legal 12 problems presented to legal aid organizations 13 funded by the Legal Services Corporation re- 14 ceive only limited or no legal assistance due to 15 lack of resources; 16 (7) the National Center for Access to Justice 17 determined that in 79 percent of housing cases, the 18 tenants are not represented by a lawyer; and 19 (8) funding for the Legal Services Corporation 20 must be substantially increased to enable grantees of 21 the Legal Services Corporation to provide legal as- 22 sistance to all people facing residential eviction who 23 cannot afford adequate counsel. 24 VerDate Sep 11 2014 22:13 Dec 16, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3030.IS S3030 kjohnson on DSK79L0C42 with BILLS 4 •S 3030 IS SEC. 3. DEFINITIONS. 1 In this Act: 2 (1) ADMINISTRATIVE EVICTION.—The term 3 ‘‘administrative eviction’’ means a ruling in favor of 4 the landlord in an administrative forum within a 5 public housing agency, such as grievance procedures, 6 to recover possession of residential property from a 7 tenant, including a tenant residing in a public hous- 8 ing dwelling unit or receiving tenant-based assist- 9 ance or project-based assistance under section 8 of 10 the United States Housing Act of 1937 (42 U.S.C. 11 1437f). 12 (2) COURT-ORDERED EVICTION.—The term 13 ‘‘court-ordered eviction’’ means a court ruling in 14 favor of the landlord in a legal action to recover pos- 15 session of residential property from a tenant, includ- 16 ing a tenant residing in a public housing dwelling 17 unit or receiving tenant-based assistance or project- 18 based assistance under section 8 of the United 19 States Housing Act of 1937 (42 U.S.C. 1437f). 20 (3) DEPARTMENT.—The term ‘‘Department’’ 21 means the Department of Housing and Urban De- 22 velopment. 23 (4) EVICTION FILING.—The term ‘‘eviction fil- 24 ing’’ means a filing by a landlord with the court of 25 jurisdiction to initiate a legal action to recover pos- 26 VerDate Sep 11 2014 22:13 Dec 16, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3030.IS S3030 kjohnson on DSK79L0C42 with BILLS 5 •S 3030 IS session of residential property from a tenant, includ- 1 ing a tenant residing in a public housing dwelling 2 unit or receiving tenant-based assistance or project- 3 based assistance under section 8 of the United 4 States Housing Act of 1937 (42 U.S.C. 1437f). 5 (5) EXECUTED EVICTION.—The term ‘‘executed 6 eviction’’ means a court order carried out by a sher- 7 iff’s office or other law enforcement agency that re- 8 sulted in the landlord recovering possession of resi- 9 dential property from a tenant, including a tenant 10 residing in a public housing dwelling unit or receiv- 11 ing tenant-based assistance or project-based assist- 12 ance under section 8 of the United States Housing 13 Act of 1937 (42 U.S.C. 1437f). 14 (6) ILLEGAL EVICTION.—The term ‘‘illegal evic- 15 tion’’ means self-help measures taken outside of the 16 legal process for eviction to recover possession of 17 residential property from a tenant, including a ten- 18 ant residing in a public housing dwelling unit or re- 19 ceiving tenant-based assistance or project-based as- 20 sistance under section 8 of the United States Hous- 21 ing Act of 1937 (42 U.S.C. 1437f), such as— 22 (A) willfully interrupting or permitting the 23 interruption of essential items of services re- 24 quired by the rental agreement; 25 VerDate Sep 11 2014 22:13 Dec 16, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3030.IS S3030 kjohnson on DSK79L0C42 with BILLS 6 •S 3030 IS (B) blocking or attempting to block the 1 entry of a tenant upon the premises; 2 (C) changing the locks or removing the 3 front door of the premises; 4 (D) removing the belongings of a tenant; 5 and 6 (E) any other action defined as a self-help 7 eviction under State landlord-tenant law. 8 (7) LOCAL ORDINANCE IMPACTING EVICTION.— 9 The term ‘‘local ordinance impacting eviction’’ 10 means a local ordinance that is designed to address 11 the number of emergency services calls resulting 12 from assault, sexual harassment, stalking, disorderly 13 conduct, or another type of behavior, situation, or 14 condition that results in the need for emergency 15 services, that results in loss of housing or limit the 16 housing opportunities for victims of crime, including 17 victims of domestic violence, or individuals with dis- 18 abilities who may require emergency services, abne- 19 gating local landlord-tenant law by— 20 (A) requiring, encouraging, or permitting 21 the eviction of a tenant or resident because of 22 a certain number of calls for emergency serv- 23 ices; 24 VerDate Sep 11 2014 22:13 Dec 16, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3030.IS S3030 kjohnson on DSK79L0C42 with BILLS 7 •S 3030 IS (B) requiring, encouraging, or permitting 1 the eviction of a tenant or resident because of 2 an arrest even though the arrest has not re- 3 sulted in the conviction of that tenant or resi- 4 dent; or 5 (C) requiring, encouraging, or permitting 6 the eviction of a tenant or resident because of 7 criminal activity occurring at or near the place 8 of residence of the tenant or resident for which 9 that tenant or resident has not been convicted. 10 (8) PUBLIC HOUSING; PUBLIC HOUSING AGEN- 11 CY.—The terms ‘‘public housing’’ and ‘‘public hous- 12 ing agency’’ have the meanings given those terms in 13 section 3(b) of the United States Housing Act of 14 1937 (42 U.S.C. 1437a(b)). 15 (9) SECRETARY.—The term ‘‘Secretary’’ means 16 the Secretary of Housing and Urban Development. 17 SEC. 4. LANDLORD-TENANT FOCUSED COMMUNITY 18 COURTS. 19 (a) IN GENERAL.—The Attorney General, acting 20 through the Bureau of Justice Assistance, shall award 21 grants to States and local jurisdictions to support land- 22 lord-tenant focused community courts that offer a process 23 with social service representatives who are available to 24 provide assistance to tenants. 25 VerDate Sep 11 2014 22:13 Dec 16, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3030.IS S3030 kjohnson on DSK79L0C42 with BILLS 8 •S 3030 IS (b) GOALS FOR PROCESS.—The process described in 1 subsection (a) is— 2 (1) intended to— 3 (A) divert landlords and tenants from pro- 4 ceeding with a court-ordered eviction, which 5 places costly burdens on landlords, tenants, the 6 court system, and taxpayers; and 7 (B) help tenants who have fallen behind 8 become current again on their obligations or 9 transition tenants to a new stable home envi- 10 ronment without losing access to benefits and 11 other support for which they are eligible; and 12 (2) not intended to keep tenants in housing 13 that they will be unable to afford. 14 (c) DIVERSITY REQUIREMENT.—In making grants 15 under this section, the Attorney General shall ensure that 16 landlord-tenant focused community courts— 17 (1) are assisted in jurisdictions that serve 18 urban areas, suburban areas, and rural areas; 19 (2) are assisted in serving communities that 20 have high rates of eviction and eviction filings or a 21 large total number of evictions and eviction filings, 22 based on the best available data; 23 (3) provide assistance to individuals with lim- 24 ited English proficiency; 25 VerDate Sep 11 2014 22:13 Dec 16, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3030.IS S3030 kjohnson on DSK79L0C42 with BILLS 9 •S 3030 IS (4) provide effective communication with indi- 1 viduals with disabilities; and 2 (5) are located in facilities that are accessible to 3 individuals with disabilities. 4 (d) APPLICATION.—A State or local jurisdiction de- 5 siring a grant under this section shall submit to the Attor- 6 ney General an application at such time, in such manner, 7 and containing— 8 (1) a demonstrated unmet need in the commu- 9 nity for a landlord-tenant community court; 10 (2) evidence of support from representatives of 11 various and diverse stakeholders within the commu- 12 nity, including renters’ rights groups, landlords, and 13 legal aid nonprofit organizations; 14 (3) a detailed description of how the grant will 15 be spent; 16 (4) a detailed description of how the landlord- 17 tenant community court will interact with the exist- 18 ing landlord-tenant justice system of the State or 19 local jurisdiction, as applicable, including a descrip- 20 tion of which cases will be diverted to the landlord- 21 tenant community court; 22 (5) a description of any local ordinance impact- 23 ing eviction; 24 VerDate Sep 11 2014 22:13 Dec 16, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3030.IS S3030 kjohnson on DSK79L0C42 with BILLS 10 •S 3030 IS (6) a description of how the landlord-tenant 1 community court will not be designed to lengthen 2 the process of pursuing a legitimate eviction, limit 3 the access of landlords to the traditional justice sys- 4 tem, or curtail the right of landlords to evict; and 5 (7) any other information as the Attorney Gen- 6 eral may require, including information sought in 7 consultation with the Secretary. 8 (e) DATA.—Beginning 1 year after the date on which 9 a State or local jurisdiction receives a grant under this 10 section, and not later than 2 years after that date, the 11 State or local jurisdiction, as applicable, shall submit to 12 the Attorney General and the Secretary a report con- 13 taining— 14 (1) any aggregate data on landlord-tenant cases 15 filed in that State or local jurisdiction as the Attor- 16 ney General or the Secretary may require; 17 (2) the data described in subparagraphs (A) 18 and (B) of section 5(b)(1) and section 5(b)(2), as 19 applicable; and 20 (3) any other information as the Attorney Gen- 21 eral or the Secretary may require. 22 (f) AWARDING GRANTS.—The Attorney General may 23 award grants under this section in 3 rounds, with not 24 fewer than 5 grants awarded in the first round. 25 VerDate Sep 11 2014 22:13 Dec 16, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3030.IS S3030 kjohnson on DSK79L0C42 with BILLS 11 •S 3030 IS (g) MATCHING REQUIREMENT.— 1 (1) IN GENERAL.—As a condition of a grant 2 provided under this section, the Attorney General 3 shall require the recipient of the grant to contribute 4 an amount equal to or more than the amount of the 5 grant, obtained solely from non-Federal sources. 6 (2) FORM.—In addition to cash or other direct 7 funding, the contribution required by the Attorney 8 General under paragraph (1) may include indirect 9 costs or in-kind contributions paid for under non- 10 Federal programs. 11 (h) AUTHORIZATION OF APPROPRIATIONS.—There 12 are authorized to be appropriated such sums as may be 13 necessary to carry out this section. 14 SEC. 5. NATIONAL DATABASE OF EVICTIONS. 15 (a) ESTABLISHMENT OF DATABASE.—Not later than 16 1 year after the date of enactment of this Act, the Sec- 17 retary shall establish and maintain a database that— 18 (1) is accessible to the Office of Policy Develop- 19 ment and Research and the Office of Fair Housing 20 and Equal Opportunity of the Department and other 21 employees of the Department as determined nec- 22 essary by the Secretary; 23 (2) includes the data described in subsection (b) 24 with respect to court-ordered evictions, administra- 25 VerDate Sep 11 2014 22:13 Dec 16, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3030.IS S3030 kjohnson on DSK79L0C42 with BILLS 12 •S 3030 IS tive evictions, and illegal evictions in the United 1 States; and 2 (3) ensures appropriate security to prevent im- 3 proper disclosure of that data. 4 (b) CONTENTS.—The database established under 5 subsection (a) shall contain the following data: 6 (1) DATA ON EACH COURT-ORDERED OR AD- 7 MINISTRATIVE EVICTION.—With respect to each 8 court-ordered or administrative eviction case filed on 9 or after the dat [Text truncated for display. 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