Sec. 108. Right to Counsel
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/bill/116/s/3452/is/section-108A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The purpose of this section is to— establish funding for State governments, local governments, or Indian tribes that have established a Right to Counsel through legislation for covered individuals who are facing— eviction; a termination of a housing subsidy; or foreclosure; provide counsel to the most vulnerable populations; allow governing bodies to tailor the Right to Counsel to fit the unique needs of the community of the governing body, including by setting eligibility requirements for individuals who receive the Right to Counsel; and guarantee that— covered individuals have a legal right to receive full legal representation at no cost; covered individuals are not denied a Right to Counsel for discretionary reasons; and funding for a State government, a local government, or an Indian tribe with a Right to Counsel continues as long as the State government, local government, or Indian tribe complies with— the plan outlined in the application of the State government, local government, or Indian tribe; and the reporting requirements described in subsection (f).
In this section: The term affirmative case means any housing-related lawsuit in which a covered individual is not a defendant, which may include a lawsuit designed to— compel a landlord to make a necessary repair to a residence; enjoin the harassment of a tenant by a landlord; remedy mortgage or rental lease fraud; and remedy— an instance of discrimination against a tenant or prospective tenant by a landlord; discrimination in lending; discrimination under the Fair Housing Act ( 42 U.S.C. 3601 et seq.); or any other instance of discrimination that is directly related to housing.
The term covered individual — means an individual who— meets the eligibility requirements of an eligible entity established in the Right to Counsel legislation of the eligible entity; and is a defendant or plaintiff in a covered proceeding that takes place within the geographic boundaries of the eligible entity described in clause (i); and includes any individual described in subparagraph
(A)who is— a tenant of any type of rental housing, including public housing; a homeowner of any type of home, including a tiny home or a manufactured home; a tenant or homeowner with a terminated housing subsidy; or a tenant or homeowner who has received notice that the housing subsidy of the tenant or homeowner will be terminated. The term covered proceeding means a civil action in a court or administrative forum— for— eviction from the primary residence of a tenant; the termination of a housing subsidy; foreclosure on the primary residence of a homeowner; and an affirmative case, if the eligible entity meets the requirement under subsection (c)(2)(B); and that an eligible entity chooses to cover in the Right to Counsel legislation of the eligible entity. The term eligible entity means a State government, a local government, or an Indian tribe with a Right to Counsel. The term housing-related legal representation — means full legal representation by a Right to Counsel attorney for a covered individual in a covered proceeding; and includes full legal representation on an appeal from a covered proceeding. The term housing subsidy means Federal, State, or local monetary assistance for a rental or mortgage payment, such as a voucher. The term implementation period means the 5-year period during which an eligible entity gradually increases the capacity of the eligible entity to provide housing-related legal representation to covered individuals. The term legal service provider means a nonprofit organization that— provides housing-related legal representation on behalf of an eligible entity to covered individuals; and receives compensation from the eligible entity for providing the housing-related legal representation described in subparagraph (A). The term local government includes the government of a city, town, township, county, parish, village, or any other subdivision of a State. The term public housing has the meaning given the term in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ). The term Right to Counsel means a right established by a State government, a local government, or an Indian tribe that— is created through Right to Counsel legislation; guarantees housing-related legal representation at no cost to— during the implementation period, the amount of covered individuals the eligible entity identifies in the plan required under subsection (d)(2)(B); and after the implementation period ends, every covered individual; and may be contingent upon the receipt of a certification by the Secretary under subsection (e). The term Right to Counsel attorney means an attorney— employed by a legal service provider; or who, under the supervision of a legal service provider— provides housing-related legal representation to a covered individual; or works on an affirmative case. The term Right to Counsel legislation means legislation of a State government, a local government, or an Indian tribe that— establishes a Right to Counsel; identifies eligibility requirements for covered individuals, which may not— discriminate against any individual on the basis of— the criminal record, gender identity, gender expression, sexual orientation, family status, age, national origin, disability, genetic information, family medical history, eviction history, or foreclosure history of the individual; the immigration status or prior immigration status of the individual, except as required by Legal Services Corporation law and regulations; or any other protected status; identifies the type of covered proceedings the eligible entity will include in the Right to Counsel; and provides for a not more than 5-year implementation period. Each fiscal year, the Secretary shall reimburse an eligible entity for the total cost of implementing and maintaining a Right to Counsel if the Right to Counsel has a certification from the Secretary under subsection (e). The cost described in paragraph
(1)may include— personnel costs; operational costs; administrative costs; and the cost of support services. Not more than 5 percent of the cost described in paragraph
(1)may be used to provide representation for covered individuals in an affirmative case. An eligible entity may only provide representation for a covered individual in an affirmative case if the provision does not interfere with the ability of the eligible entity to provide representation to covered individuals for covered proceedings that are not affirmative proceedings. An eligible entity that desires a reimbursement from the Secretary under subsection
(c)shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. Each application submitted under paragraph
(1)shall include the following: If the Right to Counsel of the eligible entity covers actions for eviction, statistical data that shows, within the geographic boundaries of the eligible entity— the number of actions for eviction that were filed against individuals; the number of orders for eviction that were granted as a result of an action described in clause (i); the number of actions for foreclosure that were filed against individuals; the number of foreclosures that were granted as a result of an action described in clause (iii); the percentage of the individuals described in clauses
(i)and
(iii)that were represented by an attorney in the eviction or foreclosure proceeding; and to the greatest extent practicable, the household income level of the individuals described in clauses
(i)and (iii). A detailed plan for the implementation period of the Right to Counsel of the eligible entity that includes— a timeline that describes the gradual increase in the number of covered individuals who receive housing-related legal representation at no cost; an assurance that key stakeholders, including legal service providers and community organizations— were included in the formulation of the plan; and will be included in the execution of the plan; and proposed methods to increase the rate of housing-related legal representation for covered individuals. The Secretary shall certify the Right to Counsel of an eligible entity if the eligible entity submits an application meeting the requirements under subsection (d). A certification of the Secretary under paragraph
(1)shall be effective for a 3-year period. The Secretary shall extend the certification of the Right to Counsel of an eligible entity for an additional 3-year period if— the eligible entity submits an additional application under subsection (d); and the additional application meets the requirements under subsection (d). Not less frequently than annually, each eligible entity receiving a reimbursement from the Secretary under subsection
(c)shall submit to the Secretary each of the following reports: For an eligible entity that is under an implementation period, a report summarizing the progress of the plan described in subsection (d)(2)(B). A report that includes— an estimation of the number of covered individuals who live in the geographic boundaries of the eligible entity; and statistical information relating to eviction and foreclosure proceedings handled by Right to Counsel attorneys of the eligible entity, including, to the greatest extent practicable, for each proceeding— the race of each covered individual; the age of each covered individual; the household income of each covered individual; the number of individuals included in the household of the covered individual; the type of property at issue; and whether the covered individual or a member of the household of the covered individual was a victim of domestic violence, dating violence, sexual assault, or stalking. For an eligible entity with covered proceedings that include actions for eviction, a report that includes, for the previous year— information with respect to the eligible entity on— the rate of eviction filings; the number of evictions that were ordered; the number of evictions that were executed; and the percentage of individuals who were represented by an attorney of an eviction proceeding; information on the resolution of each eviction proceeding handled by Right to Counsel attorneys on behalf of the eligible entity, including— whether the covered individual was permitted to stay in the residence of the covered individual; whether the covered individual was displaced from the residence of the covered individual; and in the case of a covered individual who was permitted to stay in the residence of the covered individual— whether the landlord was ordered to perform repairs; and the amount of damages either party to the proceeding was ordered to pay; and information on eviction proceedings handled by Right to Counsel attorneys on behalf of the eligible entity in which the Right to Counsel attorney withdrew or was discharged from the proceeding. For an eligible entity with covered proceedings that include actions for foreclosure, a report that includes, for the previous year— information with respect to the eligible entity on— the number of individuals who were defendants in a foreclosure proceeding; and the percentage of the individuals described in clause
(i)that were represented by an attorney; and information on the resolution of each foreclosure proceeding handled by Right to Counsel attorneys on behalf of the eligible entity, including— whether the covered individual retained possession of the residence of the covered individual; whether the covered individual was displaced from the residence of the covered individual; whether any payment plans were agreed upon; the default amount at issue; the value of the home on the date on which the foreclosure proceeding began; and if applicable, the sale price of the home at foreclosure sale. In each report submitted under paragraph (1), an eligible entity shall remove the personally identifying information of any covered individual. Each fiscal year, the Secretary shall award grants in the amount of $100,000 to each eligible entity that submits an application under paragraph
(3)for the purpose of preparing an application under subsection (d). The total amount of grants made under paragraph
(1)shall not exceed $2,500,000 in a fiscal year, to be provided to eligible entities described in that paragraph on a first-come, first-served basis. An eligible entity that desires a grant under paragraph
(1)shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. An application submitted under subparagraph
(A)shall include an estimation of the number of covered individuals the Right to Counsel of the eligible entity will serve. The Secretary shall conduct a study to analyze the feasibility of establishing an independent commission or another independent regulatory body to administer Right to Counsel funding under this section. There is established in the Treasury of the United States a fund consisting of the amounts authorized to be appropriated under paragraph (2). There are authorized to be appropriated and there are appropriated to the fund established under paragraph
(1)such sums as may be necessary for each fiscal year for the cost of— the reimbursements required under subsection (c); the grants required under subsection (g); and the study required under subsection (h).
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