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H.R. 6696, Housing Emergencies Lifeline Program Act of 2022

Summary

House bill H.R. 6696 of the 117th Congress, 2D Session, was introduced February 9, 2022, 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. Pressley introduced it for herself, DeLauro, and Bush, and it was referred to the Committee on Financial Services. The short title is the Housing Emergencies Lifeline Program Act of 2022, or the HELP Act of 2022. Section 3 covers a database of eviction information, Section 4 assistance for eviction related legal aid, and Section 5 consumer reports.

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Bills Bills 117Hr6696Ih Bills 117Hr6696Ih
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“H.R. 6696, Housing Emergencies Lifeline Program Act of 2022.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr6696ih-bills-117hr6696ih/, SHA-256 6cfdb2fdb5f0a50e715309293bfbfec50fc16b66753b1a61f49ef3e1bf073ae3.

Full text

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                                                                       117TH CONGRESS
                                                                          2D SESSION
                                                                                                            H. R. 6696
                                                                       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
                                                                                                      FEBRUARY 9, 2022
                                                                          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.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE.

                                                                         4              This Act may be cited as the ‘‘Housing Emergencies
                                                                         5 Lifeline Program Act of 2022’’ or the ‘‘HELP Act of
                                                                         6 2022’’.




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                                                                         7     SEC. 2. CONGRESSIONAL FINDINGS.

                                                                         8              The Congress finds that—



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                                                                         1                        (1) housing is fundamentally an issue of eco-
                                                                         2              nomic and racial justice and a critical determinant
                                                                         3              of health;
                                                                         4                        (2) the 2008 financial crisis was a Great De-
                                                                         5              pression-level event for Black Americans, wiping out
                                                                         6              decades of gains in Black homeownership, which has
                                                                         7              now fallen to its lowest rate since the passage of the
                                                                         8              Fair Housing Act in 1968;
                                                                         9                        (3) Black borrowers were 76 percent more like-
                                                                       10               ly to have lost their home to foreclosure than White
                                                                       11               borrowers during the foreclosure crisis;
                                                                       12                         (4) Black and Hispanic households continue to
                                                                       13               be about twice as likely as White households to rent
                                                                       14               their homes;
                                                                       15                         (5) in 2016, 58 percent of Black household
                                                                       16               heads and 54 percent of Hispanic household heads
                                                                       17               were renting their homes, compared with 28 percent
                                                                       18               of White household heads;
                                                                       19                         (6) while cost burdens affect households of all
                                                                       20               races and ethnicities, Black and Brown renters are
                                                                       21               much more likely to be burdened, with 55 percent of
                                                                       22               Black renters considered to be rent burdened com-
                                                                       23               pared to only 43 percent of White renters;
                                                                       24                         (7) Black households account for 12 percent of



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                                                                       25               all households in the United States, but 19 percent


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                                                                         1              of all renters and 26 of all renter households with
                                                                         2              extremely low incomes;
                                                                         3                        (8) prior to the coronavirus pandemic, it was
                                                                         4              estimated that around 3.7 million evictions are filed
                                                                         5              every year, a rate of about 7 every minute;
                                                                         6                        (9) across the United States, one in 20 renters
                                                                         7              faces an eviction every year, but for Black renters,
                                                                         8              the number is one in 11;
                                                                         9                        (10) every day families are displaced by the
                                                                       10               eviction crisis, a reality that is only further exacer-
                                                                       11               bated by the COVID–19 pandemic and that falls
                                                                       12               disproportionately on Black renters, and particularly
                                                                       13               Black women renters;
                                                                       14                         (11) the Department of Housing and Urban
                                                                       15               Development does not require the reporting or col-
                                                                       16               lection of eviction data, including among households
                                                                       17               in federally assisted housing, and should be required
                                                                       18               to do so;
                                                                       19                         (12) the American Civil Liberties Union’s anal-
                                                                       20               ysis of Eviction Lab data found that, on average,
                                                                       21               ‘‘Black renters had evictions filed against them at
                                                                       22               nearly twice the rate of White renters’’ and that
                                                                       23               Black women specifically were filed against for evic-
                                                                       24               tion at ‘‘double the rate of White renters or higher



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                                                                       25               in 17 of 36 [S]tates’’;


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                                                                         1                        (13) right to counsel is a matter of racial jus-
                                                                         2              tice, equity, and ensuring equal protection under the
                                                                         3              law;
                                                                         4                        (14) nationally, it is estimated that more than
                                                                         5              81 percent of landlords are represented in housing
                                                                         6              court proceedings, compared to less than 3 percent
                                                                         7              of tenants in such proceedings;
                                                                         8                        (15) a Massachusetts COVID–19 legal help
                                                                         9              project found that when providing full legal rep-
                                                                       10               resentation to low-income tenants, 90 percent of
                                                                       11               cases closed resulted in positive outcomes, with 70
                                                                       12               percent of tenants remaining in their homes and 20
                                                                       13               percent of tenants having more time to find a place
                                                                       14               to live; and
                                                                       15                         (16) a California study of the Shriver Civil
                                                                       16               Counsel Program found that 91 percent of Shriver
                                                                       17               cases ended with the eviction record sealed, 81 per-
                                                                       18               cent with the eviction not reported to a credit agen-
                                                                       19               cy, and 71 percent with a neutral reference provided
                                                                       20               by the landlord, tenants in such cases saved nearly
                                                                       21               $800 more in reduced rent and other fees while pay-
                                                                       22               ing holdover damages or attorney’s fees only half as
                                                                       23               often, and 71 percent of represented clients that had
                                                                       24               been required to move had obtained a new rental



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                                                                         1              unit, compared to 43 percent of unrepresented ten-
                                                                         2              ants.
                                                                         3     SEC. 3. DATABASE OF EVICTION INFORMATION.

                                                                         4              (a) REPORTS BY HOUSING PROVIDERS.—
                                                                         5                        (1) IN GENERAL.—The Secretary of Housing
                                                                         6              and Urban Development shall require each State
                                                                         7              and local entity that receives covered housing assist-
                                                                         8              ance to submit to the Secretary annual reports
                                                                         9              under this section regarding evictions from assisted
                                                                       10               dwelling units of the covered housing occurring dur-
                                                                       11               ing the preceding year.
                                                                       12                         (2) CONTENTS.—Each report submitted pursu-
                                                                       13               ant to subsection (a) shall include—
                                                                       14                                  (A) for each household subject to an evic-
                                                                       15                         tion proceeding during the year which the re-
                                                                       16                         port covers—
                                                                       17                                         (i) the reason or reasons that the evic-
                                                                       18                                  tion proceeding was undertaken and, in the
                                                                       19                                  case of any eviction proceeding undertaken
                                                                       20                                  in whole or in part based on an arrearage
                                                                       21                                  in rent owed, the amount of such arrear-
                                                                       22                                  age and the amount of the tenant’s re-
                                                                       23                                  quired contribution toward rent;
                                                                       24                                         (ii) the date on which the household



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                                                                       25                                  was ordered to be evicted;


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                                                                         1                                        (iii) the address of the dwelling unit
                                                                         2                                 from which the household was evicted;
                                                                         3                                        (iv) whether the household was rep-
                                                                         4                                 resented by legal counsel in any eviction
                                                                         5                                 proceeding, if such information is available;
                                                                         6                                        (v) the number of days the household
                                                                         7                                 was given to vacate the dwelling unit, if
                                                                         8                                 such information is available; and
                                                                         9                                        (vi) whether a writ of execution was
                                                                       10                                  issued in regards to the eviction; and
                                                                       11                                  (B) for each individual in any household
                                                                       12                         subject to an eviction proceeding during the
                                                                       13                         year which the report covers—
                                                                       14                                         (i) the name of the individual;
                                                                       15                                         (ii) the annual income of the indi-
                                                                       16                                  vidual in the fiscal year prior to the year
                                                                       17                                  during which the individual was evicted, if
                                                                       18                                  available;
                                                                       19                                         (iii) the disability status of the indi-
                                                                       20                                  vidual evicted, if available;
                                                                       21                                         (iv) any available demographic infor-
                                                                       22                                  mation about the individual including race,
                                                                       23                                  ethnicity, age, and gender;
                                                                       24                                         (v) any foster care history for the in-



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                                                                       25                                  dividual, if available;


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                                                                         1                                        (vi) any serious physical health prob-
                                                                         2                                 lems or serious mental illness of the indi-
                                                                         3                                 vidual, if such information is available;
                                                                         4                                        (vii) any history of prior homelessness
                                                                         5                                 of the individual, if such information is
                                                                         6                                 available; and
                                                                         7                                        (viii) whether the individual has a
                                                                         8                                 criminal record, if such information is
                                                                         9                                 available.
                                                                       10                         (3) DATA REQUIREMENTS.—The Secretary of
                                                                       11               Housing and Urban Development shall develop re-
                                                                       12               quirements for States and local entities that receive
                                                                       13               covered housing assistance that—
                                                                       14                                  (A) provide that the provision of the infor-
                                                                       15                         mation being collected under this subsection
                                                                       16                         shall be voluntary on the part of any individual
                                                                       17                         or household who is or was a tenant in an as-
                                                                       18                         sisted dwelling unit of covered housing;
                                                                       19                                  (B) provide limitations on how long the in-
                                                                       20                         formation described in paragraph (2) shall be
                                                                       21                         retained;
                                                                       22                                  (C) establish data privacy and security re-
                                                                       23                         quirements for the information described in
                                                                       24                         paragraph (2) that include appropriate meas-



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                                                                       25                         ures to ensure that the privacy of the individ-


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                                                                         1                        uals and households is protected and that the
                                                                         2                        information, including any personally identifi-
                                                                         3                        able information, is collected and used only for
                                                                         4                        the purpose of submitting reports under para-
                                                                         5                        graph (1); and
                                                                         6                                 (D) confidentiality protections for data col-
                                                                         7                        lected about any individuals who are survivors
                                                                         8                        of intimate partner violence, sexual assault, or
                                                                         9                        stalking.
                                                                       10               (b) DATABASE.—
                                                                       11                         (1) IN GENERAL.—The Secretary shall establish
                                                                       12               a database for collecting and maintaining informa-
                                                                       13               tion submitted in reports pursuant to subsection (a).
                                                                       14                         (2) DISAGGREGATION.—To the extent possible,
                                                                       15               such database shall be disaggregated by the smallest
                                                                       16               census tract, block group, or block possible for the
                                                                       17               data set, and by income, race, gender, disability, and
                                                                       18               all other protected classes under the Fair Housing
                                                                       19               Act.
                                                                       20                         (3) PRIVACY                 PROTECTIONS.—The                            Secretary
                                                                       21               shall establish appropriate measures regarding infor-
                                                                       22               mation in the database to ensure that, subject to
                                                                       23               paragraph (4), the privacy of the individuals and
                                                                       24               households is protected and that any personally



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                                                                       25               identifiable information is not disclosed.


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                                                                         1                        (4) RESEARCH.—The Secretary may make full
                                                                         2              and unredacted information available to academic in-
                                                                         3              stitutions for the purpose of researching causes and
                                                                         4              solutions to evictions and adherence to civil rights
                                                                         5              protections.
                                                                         6     SEC. 4. ASSISTANCE FOR EVICTION RELATED LEGAL AID.

                                                                         7              There is authorized to be appropriated to the Sec-
                                                                         8 retary $10,000,000,000 for fiscal year 2022, to remain
                                                                         9 available until expended, for assistance under the Emer-
                                                                       10 gency Solutions Grants program under subtitle B of title
                                                                       11 IV of the McKinney-Vento Homeless Assistance Act (42
                                                                       12 U.S.C. 11371 et seq.), to be used only for—
                                                                       13                         (1) providing legal counsel for tenants subject
                                                                       14               to or at risk of eviction with regard to any eviction-
                                                                       15               related legal proceeding; and
                                                                       16                         (2) costs of any court fees associated with an
                                                                       17               eviction-related legal proceeding for a tenant (ex-
                                                                       18               cluding any attorneys fees for the attorney of the
                                                                       19               landlord of the tenant).
                                                                       20      SEC. 5. CONSUMER REPORTS.

                                                                       21               (a) IN GENERAL.—Section 605(a) of the Fair Credit
                                                                       22 Reporting Act (15 U.S.C. 1681c(a)) is amended by adding
                                                                       23 at the end the following:




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                                                                         1                        ‘‘(9) An eviction, or any information related to
                                                                         2              an eviction or a proceeding seeking eviction, of a
                                                                         3              consumer from a rental dwelling.
                                                                         4                        ‘‘(10) Any adverse item of information related
                                                                         5              to rent or utility arrears.’’.
                                                                         6              (b) APPLICABILITY.—The amendment made by this
                                                                         7 section shall apply to any consumer report (as defined in
                                                                         8 section 603 of the Fair Credit Reporting Act (15 U.S.C.
                                                                         9 1681a)) issued on or after the date of the enactment of
                                                                       10 this Act.
                                                                       11      SEC. 6. EVICTION INFORMATION.

                                                                       12               (a) IN GENERAL.—The Secretary shall, not later
                                                                       13 than 1 year after the date of the enactment of this Act,
                                                                       14 issue rules that require each owner of a covered federally
                                                                       15 assisted rental dwelling unit to ensure that each tenant
                                                                       16 of such dwelling unit owned by such owner receives infor-
                                                                       17 mation, in writing—
                                                                       18                         (1) not less than once each year regarding—
                                                                       19                                  (A) the rights and responsibilities of such
                                                                       20                         owner with regard to eviction; and
                                                                       21                                  (B) local organizations and resources that
                                                                       22                         can provide assistance in eviction-related mat-
                                                                       23                         ters; and
                                                                       24                         (2) upon provision of any notice of eviction,



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                                                                       25               stating the reason or reasons for the eviction.


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                                                                         1              (b) HOTLINE.—The Secretary shall, not later than
                                                                         2 1 year after the date of the enactment of this Act, estab-
                                                                         3 lish a hotline to provide assistance with regard to eviction-
                                                                         4 related matters to tenants of covered federally assisted
                                                                         5 rental dwelling units.
                                                                         6     SEC. 7. DEFINITIONS.

                                                                         7              (a) For purposes of this Act:
                                                                         8                        (1)       ASSISTANCE.—The                          term           ‘‘assistance’’
                                                                         9              means any grant, loan, subsidy, contract, cooperative
                                                                       10               agreement, or other form of financial assistance, but
                                                                       11               such term does not include the insurance or guar-
                                                                       12               antee of a loan, mortgage, or pool of loans or mort-
                                                                       13               gages.
                                                                       14                         (2) COVERED FEDERALLY ASSISTED RENTAL
                                                                       15               DWELLING UNIT.—The term ‘‘covered federally as-

                                                                       16               sisted rental dwelling unit’’ means a residential
                                                                       17               dwelling unit that—
                                                                       18                                  (A) is made available for rental; and
                                                                       19                                  (B)(i) for which assistance is provided, or
                                                                       20                         that is part of a housing project for which as-
                                                                       21                         sistance is provided, under any program admin-
                                                                       22                         istered by the Secretary of Housing and Urban
                                                                       23                         Development, including—




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                                                                         1                                        (I) the public housing program under
                                                                         2                                 the United States Housing Act of 1937
                                                                         3                                 (42 U.S.C. 1437 et seq.);
                                                                         4                                        (II) the program for rental assistance
                                                                         5                                 under section 8 of the United States Hous-
                                                                         6                                 ing Act of 1937 (42 U.S.C. 1437f);
                                                                         7                                        (III) the HOME Investment Partner-
                                                                         8                                 ships program under title II of the Cran-
                                                                         9                                 ston-Gonzalez National Affordable Housing
                                                                       10                                  Act (42 U.S.C. 12721 et seq.);
                                                                       11                                         (IV) title IV of the McKinney-Vento
                                                                       12                                  Homeless Assistance Act (42 U.S.C. 11360
                                                                       13                                  et seq.);
                                                                       14                                         (V) the Housing Trust Fund program
                                                                       15                                  under section 1338 of the Housing and
                                                                       16                                  Community Development Act of 1992 (12
                                                                       17                                  U.S.C. 4568);
                                                                       18                                         (VI) the program for supportive hous-
                                                                       19                                  ing for the elderly under section 202 of the
                                                                       20                                  Housing Act of 1959 (12 U.S.C. 1701q);
                                                                       21                                         (VII) the program for supportive
                                                                       22                                  housing for persons with disabilities under
                                                                       23                                  section 811 of the Cranston-Gonzalez Na-
                                                                       24                                  tional Affordable Housing Act (42 U.S.C.



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                                                                       25                                  8013);


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                                                                         1                                        (VIII) the AIDS Housing Opportuni-
                                                                         2                                 ties program under subtitle D of title VIII
                                                                         3                                 of the Cranston-Gonzalez National Afford-
                                                                         4                                 able Housing Act (42 U.S.C. 12901 et
                                                                         5                                 seq.);
                                                                         6                                        (IX) the program for Native American
                                                                         7                                 housing under the Native American Hous-
                                                                         8                                 ing Assistance and Self-Determination Act
                                                                         9                                 of 1996 (25 U.S.C. 4101 et seq.); and
                                                                       10                                         (X) the program for housing assist-
                                                                       11                                  ance for Native Hawaiians under title VIII
                                                                       12                                  of the Native American Housing Assist-
                                                                       13                                  ance and Self-Determination Act of 1996
                                                                       14                                  (25 U.S.C. 4221 et seq.); or
                                                                       15                                  (ii) is a property, or is on or in a property,
                                                                       16                         that has a federally backed mortgage loan or
                                                                       17                         federally backed multifamily mortgage loan, as
                                                                       18                         such terms are defined in section 4024(a) of
                                                                       19                         the CARES Act (15 U.S.C. 9058(a)).
                                                                       20                         (3) COVERED HOUSING.—The term ‘‘covered
                                                                       21               housing’’ means a dwelling unit assisted with
                                                                       22               amounts made available, or a loan or mortgage
                                                                       23               made, insured, or guaranteed, under any of the fol-
                                                                       24               lowing programs:



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                                                                         1                                 (A) The programs for tenant- and project-
                                                                         2                        based rental assistance under section 8 of the
                                                                         3                        United States Housing Act of 1937 (42 U.S.C.
                                                                         4                        1437f).
                                                                         5                                 (B) The program for public housing under
                                                                         6                        the United States Housing Act of 1937 (42
                                                                         7                        U.S.C. 1437 et seq.).
                                                                         8                                 (C) The program for supportive housing
                                                                         9                        for the elderly under section 202 of the Hous-
                                                                       10                         ing Act of 1959 (12 U.S.C. 1701q).
                                                                       11                                  (D) The program for supportive housing
                                                                       12                         for persons with disabilities under section 811
                                                                       13                         of the Cranston-Gonzalez National Affordable
                                                                       14                         Housing Act (42 U.S.C. 8013).
                                                                       15                                  (E) The community development block
                                                                       16                         grant program under title I of the Housing and
                                                                       17                         Community Development Act of 1974 (42
                                                                       18                         U.S.C. 5301 et seq.).
                                                                       19                                  (F) The HOME Investment Partnerships
                                                                       20                         program under titles I and II of the Cranston-
                                                                       21                         Gonzalez National Affordable Housing Act (42
                                                                       22                         U.S.C. 12704 et seq.).
                                                                       23                                  (G) The program for housing opportunities
                                                                       24                         for persons with AIDS under subtitle D of title



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                                                                         1                        VIII of the Cranston-Gonzalez National Afford-
                                                                         2                        able Housing Act (42 U.S.C. 12901 et seq.).
                                                                         3                                 (H) The programs for homeless assistance
                                                                         4                        under title IV of the McKinney-Vento Homeless
                                                                         5                        Assistance Act (42 U.S.C. 11361 et seq.).
                                                                         6                        (4) COVERED HOUSING ASSISTANCE.—The term
                                                                         7              ‘‘covered housing assistance’’ means assistance
                                                                         8              under any program specified in paragraph (3).
                                                                         9                        (5) LEGAL COUNSEL.—The term ‘‘legal coun-
                                                                       10               sel’’ means full representation by an attorney
                                                                       11               throughout proceedings in issue.
                                                                       12                         (6) OWNER.—For the purposes of this Act, the
                                                                       13               term ‘‘owner’’ means any private person or entity,
                                                                       14               including a cooperative, an agency of the Federal
                                                                       15               Government, or a public housing agency, having the
                                                                       16               legal right to lease or sublease dwelling units.
                                                                       17                         (7) SECRETARY.—The term ‘‘Secretary’’ means
                                                                       18               Secretary of Housing and Urban Development.
                                                                                                                                  Æ




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