[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5038 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 5038

To create a database of eviction information, establish grant programs 
 for eviction prevention and legal aid, and limit use of housing court-
      related records in consumer reports, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2023

 Ms. Pressley (for herself, Ms. DeLauro, and Ms. Bush) introduced the 
   following bill; which was referred to the Committee on Financial 
                                Services

_______________________________________________________________________

                                 A BILL


 
To create a database of eviction information, establish grant programs 
 for eviction prevention and legal aid, and limit use of housing court-
      related records in consumer reports, 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 ``Housing Emergencies Lifeline Program 
Act of 2023'' or the ``HELP Act of 2023''.

SEC. 2. CONGRESSIONAL FINDINGS.

    The Congress finds that--
            (1) housing is fundamentally an issue of economic and 
        racial justice and a critical determinant of health;
            (2) the 2008 financial crisis was a Great Depression-level 
        event for Black Americans, wiping out decades of gains in Black 
        homeownership, which has now fallen to its lowest rate since 
        the passage of the Fair Housing Act in 1968;
            (3) Black borrowers were 76 percent more likely to have 
        lost their home to foreclosure than White borrowers during the 
        foreclosure crisis;
            (4) Black and Hispanic households continue to be about 
        twice as likely as White households to rent their homes;
            (5) in 2016, 58 percent of Black household heads and 54 
        percent of Hispanic household heads were renting their homes, 
        compared with 28 percent of White household heads;
            (6) while cost burdens affect households of all races and 
        ethnicities, Black and Brown renters are much more likely to be 
        burdened, with 55 percent of Black renters considered to be 
        rent burdened compared to only 43 percent of White renters;
            (7) Black households account for 12 percent of all 
        households in the United States, but 19 percent of all renters 
        and 26 of all renter households with extremely low incomes;
            (8) prior to the coronavirus pandemic, it was estimated 
        that around 3.7 million evictions are filed every year, a rate 
        of about 7 every minute;
            (9) across the United States, one in 20 renters faces an 
        eviction every year, but for Black renters, the number is one 
        in 11;
            (10) the Department of Housing and Urban Development does 
        not require the reporting or collection of eviction data, 
        including among households in federally assisted housing, and 
        should be required to do so;
            (11) the American Civil Liberties Union's analysis of 
        Eviction Lab data found that, on average, ``Black renters had 
        evictions filed against them at nearly twice the rate of White 
        renters'' and that Black women specifically were filed against 
        for eviction at ``double the rate of White renters or higher in 
        17 of 36 [S]tates'';
            (12) right to counsel is a matter of racial justice, 
        equity, and ensuring equal protection under the law;
            (13) nationally, it is estimated that more than 81 percent 
        of landlords are represented in housing court proceedings, 
        compared to less than 3 percent of tenants in such proceedings;
            (14) a Massachusetts COVID-19 legal help project found that 
        when providing full legal representation to low-income tenants, 
        90 percent of cases closed resulted in positive outcomes, with 
        70 percent of tenants remaining in their homes and 20 percent 
        of tenants having more time to find a place to live; and
            (15) a California study of the Shriver Civil Counsel 
        Program found that 91 percent of Shriver cases ended with the 
        eviction record sealed, 81 percent with the eviction not 
        reported to a credit agency, and 71 percent with a neutral 
        reference provided by the landlord, tenants in such cases saved 
        nearly $800 more in reduced rent and other fees while paying 
        holdover damages or attorney's fees only half as often, and 71 
        percent of represented clients that had been required to move 
        had obtained a new rental unit, compared to 43 percent of 
        unrepresented tenants.

SEC. 3. DATABASE OF EVICTION INFORMATION.

    (a) Reports by Housing Providers.--
            (1) In general.--The Secretary of Housing and Urban 
        Development shall require each State and local entity that 
        receives covered housing assistance to submit to the Secretary 
        annual reports under this section regarding evictions from 
        assisted dwelling units of the covered housing occurring during 
        the preceding year.
            (2) Contents.--Each report submitted pursuant to subsection 
        (a) shall include--
                    (A) for each household subject to an eviction 
                proceeding during the year which the report covers--
                            (i) the reason or reasons that the eviction 
                        proceeding was undertaken and, in the case of 
                        any eviction proceeding undertaken in whole or 
                        in part based on an arrearage in rent owed, the 
                        amount of such arrearage and the amount of the 
                        tenant's required contribution toward rent;
                            (ii) the date on which the household was 
                        ordered to be evicted;
                            (iii) the address of the dwelling unit from 
                        which the household was evicted;
                            (iv) whether the household was represented 
                        by legal counsel in any eviction proceeding, if 
                        such information is available;
                            (v) the number of days the household was 
                        given to vacate the dwelling unit, if such 
                        information is available; and
                            (vi) whether a writ of execution was issued 
                        in regards to the eviction; and
                    (B) for each individual in any household subject to 
                an eviction proceeding during the year which the report 
                covers--
                            (i) the name of the individual;
                            (ii) the annual income of the individual in 
                        the fiscal year prior to the year during which 
                        the individual was evicted, if available;
                            (iii) the disability status of the 
                        individual evicted, if available;
                            (iv) any available demographic information 
                        about the individual including race, ethnicity, 
                        age, and gender;
                            (v) any foster care history for the 
                        individual, if available;
                            (vi) any serious physical health problems 
                        or serious mental illness of the individual, if 
                        such information is available;
                            (vii) any history of prior homelessness of 
                        the individual, if such information is 
                        available; and
                            (viii) whether the individual has a 
                        criminal record, if such information is 
                        available.
            (3) Data requirements.--The Secretary of Housing and Urban 
        Development shall develop requirements for States and local 
        entities that receive covered housing assistance that--
                    (A) provide that the provision of the information 
                being collected under this subsection shall be 
                voluntary on the part of any individual or household 
                who is or was a tenant in an assisted dwelling unit of 
                covered housing;
                    (B) provide limitations on how long the information 
                described in paragraph (2) shall be retained;
                    (C) establish data privacy and security 
                requirements for the information described in paragraph 
                (2) that include appropriate measures to ensure that 
                the privacy of the individuals and households is 
                protected and that the information, including any 
                personally identifiable information, is collected and 
                used only for the purpose of submitting reports under 
                paragraph (1); and
                    (D) confidentiality protections for data collected 
                about any individuals who are survivors of intimate 
                partner violence, sexual assault, or stalking.
    (b) Database.--
            (1) In general.--The Secretary shall establish a database 
        for collecting and maintaining information submitted in reports 
        pursuant to subsection (a).
            (2) Disaggregation.--To the extent possible, such database 
        shall be disaggregated by the smallest census tract, block 
        group, or block possible for the data set, and by income, race, 
        gender, disability, and all other protected classes under the 
        Fair Housing Act.
            (3) Privacy protections.--The Secretary shall establish 
        appropriate measures regarding information in the database to 
        ensure that, subject to paragraph (4), the privacy of the 
        individuals and households is protected and that any personally 
        identifiable information is not disclosed.
            (4) Research.--The Secretary may make full and unredacted 
        information available to academic institutions for the purpose 
        of researching causes and solutions to evictions and adherence 
        to civil rights protections.

SEC. 4. ASSISTANCE FOR EVICTION RELATED LEGAL AID.

    There is authorized to be appropriated to the Secretary 
$10,000,000,000 for fiscal year 2024, to remain available until 
expended, for assistance under the Emergency Solutions Grants program 
under subtitle B of title IV of the McKinney-Vento Homeless Assistance 
Act (42 U.S.C. 11371 et seq.), to be used only for--
            (1) providing legal counsel for tenants subject to or at 
        risk of eviction with regard to any eviction-related legal 
        proceeding; and
            (2) costs of any court fees associated with an eviction-
        related legal proceeding for a tenant (excluding any attorneys 
        fees for the attorney of the landlord of the tenant).

SEC. 5. CONSUMER REPORTS.

    (a) In General.--Section 605(a) of the Fair Credit Reporting Act 
(15 U.S.C. 1681c(a)) is amended by adding at the end the following:
            ``(9) An eviction, or any information related to an 
        eviction or a proceeding seeking eviction, of a consumer from a 
        rental dwelling.
            ``(10) Any adverse item of information related to rent or 
        utility arrears.''.
    (b) Applicability.--The amendment made by this section shall apply 
to any consumer report (as defined in section 603 of the Fair Credit 
Reporting Act (15 U.S.C. 1681a)) issued on or after the date of the 
enactment of this Act.

SEC. 6. EVICTION INFORMATION.

    (a) In General.--The Secretary shall, not later than 1 year after 
the date of the enactment of this Act, issue rules that require each 
owner of a covered federally assisted rental dwelling unit to ensure 
that each tenant of such dwelling unit owned by such owner receives 
information, in writing--
            (1) not less than once each year regarding--
                    (A) the rights and responsibilities of such owner 
                with regard to eviction; and
                    (B) local organizations and resources that can 
                provide assistance in eviction-related matters; and
            (2) upon provision of any notice of eviction, stating the 
        reason or reasons for the eviction.
    (b) Hotline.--The Secretary shall, not later than 1 year after the 
date of the enactment of this Act, establish a hotline to provide 
assistance with regard to eviction-related matters to tenants of 
covered federally assisted rental dwelling units.

SEC. 7. DEFINITIONS.

    (a) For purposes of this Act:
            (1) Assistance.--The term ``assistance'' means any grant, 
        loan, subsidy, contract, cooperative agreement, or other form 
        of financial assistance, but such term does not include the 
        insurance or guarantee of a loan, mortgage, or pool of loans or 
        mortgages.
            (2) Covered federally assisted rental dwelling unit.--The 
        term ``covered federally assisted rental dwelling unit'' means 
        a residential dwelling unit that--
                    (A) is made available for rental; and
                    (B)(i) for which assistance is provided, or that is 
                part of a housing project for which assistance is 
                provided, under any program administered by the 
                Secretary of Housing and Urban Development, including--
                            (I) the public housing program under the 
                        United States Housing Act of 1937 (42 U.S.C. 
                        1437 et seq.);
                            (II) the program for rental assistance 
                        under section 8 of the United States Housing 
                        Act of 1937 (42 U.S.C. 1437f);
                            (III) the HOME Investment Partnerships 
                        program under title II of the Cranston-Gonzalez 
                        National Affordable Housing Act (42 U.S.C. 
                        12721 et seq.);
                            (IV) title IV of the McKinney-Vento 
                        Homeless Assistance Act (42 U.S.C. 11360 et 
                        seq.);
                            (V) the Housing Trust Fund program under 
                        section 1338 of the Housing and Community 
                        Development Act of 1992 (12 U.S.C. 4568);
                            (VI) the program for supportive housing for 
                        the elderly under section 202 of the Housing 
                        Act of 1959 (12 U.S.C. 1701q);
                            (VII) the program for supportive housing 
                        for persons with disabilities under section 811 
                        of the Cranston-Gonzalez National Affordable 
                        Housing Act (42 U.S.C. 8013);
                            (VIII) the AIDS Housing Opportunities 
                        program under subtitle D of title VIII of the 
                        Cranston-Gonzalez National Affordable Housing 
                        Act (42 U.S.C. 12901 et seq.);
                            (IX) the program for Native American 
                        housing under the Native American Housing 
                        Assistance and Self-Determination Act of 1996 
                        (25 U.S.C. 4101 et seq.); and
                            (X) the program for housing assistance for 
                        Native Hawaiians under title VIII of the Native 
                        American Housing Assistance and Self-
                        Determination Act of 1996 (25 U.S.C. 4221 et 
                        seq.); or
                    (ii) is a property, or is on or in a property, that 
                has a federally backed mortgage loan or federally 
                backed multifamily mortgage loan, as such terms are 
                defined in section 4024(a) of the CARES Act (15 U.S.C. 
                9058(a)).
            (3) Covered housing.--The term ``covered housing'' means a 
        dwelling unit assisted with amounts made available, or a loan 
        or mortgage made, insured, or guaranteed, under any of the 
        following programs:
                    (A) The programs for tenant- and project-based 
                rental assistance under section 8 of the United States 
                Housing Act of 1937 (42 U.S.C. 1437f).
                    (B) The program for public housing under the United 
                States Housing Act of 1937 (42 U.S.C. 1437 et seq.).
                    (C) The program for supportive housing for the 
                elderly under section 202 of the Housing Act of 1959 
                (12 U.S.C. 1701q).
                    (D) The program for supportive housing for persons 
                with disabilities under section 811 of the Cranston-
                Gonzalez National Affordable Housing Act (42 U.S.C. 
                8013).
                    (E) The community development block grant program 
                under title I of the Housing and Community Development 
                Act of 1974 (42 U.S.C. 5301 et seq.).
                    (F) The HOME Investment Partnerships program under 
                titles I and II of the Cranston-Gonzalez National 
                Affordable Housing Act (42 U.S.C. 12704 et seq.).
                    (G) The program for housing opportunities for 
                persons with AIDS under subtitle D of title VIII of the 
                Cranston-Gonzalez National Affordable Housing Act (42 
                U.S.C. 12901 et seq.).
                    (H) The programs for homeless assistance under 
                title IV of the McKinney-Vento Homeless Assistance Act 
                (42 U.S.C. 11361 et seq.).
            (4) Covered housing assistance.--The term ``covered housing 
        assistance'' means assistance under any program specified in 
        paragraph (3).
            (5) Legal counsel.--The term ``legal counsel'' means full 
        representation by an attorney throughout proceedings in issue.
            (6) Owner.--For the purposes of this Act, the term 
        ``owner'' means any private person or entity, including a 
        cooperative, an agency of the Federal Government, or a public 
        housing agency, having the legal right to lease or sublease 
        dwelling units.
            (7) Secretary.--The term ``Secretary'' means Secretary of 
        Housing and Urban Development.
                                 <all>