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Code · BILL · 117th Congress · S. 2182 (Introduced in Senate) — To require the Secretary of Housing and Urban Development to establish a national evictions database, and for other p... · Sec. 3

Sec. 3. Definitions

626 words·~3 min read·/bill/117/s/2182/is/section-3·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this Act: The term administrative eviction means a ruling in favor of the landlord in an administrative forum within a public housing agency, such as grievance procedures, to recover possession of residential property from a tenant, including a tenant residing in a public housing dwelling unit or receiving tenant-based assistance or project-based assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ). The term court-ordered eviction means a court ruling in favor of the landlord in a legal action to recover possession of residential property from a tenant, including a tenant residing in a public housing dwelling unit or receiving tenant-based assistance or project-based assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ).
The term Department means the Department of Housing and Urban Development. The term eviction filing means a filing by a landlord with the court of jurisdiction to initiate a legal action to recover possession of residential property from a tenant, including a tenant residing in a public housing dwelling unit or receiving tenant-based assistance or project-based assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ). The term executed eviction means a court order carried out by a sheriff's office or other law enforcement agency that resulted in the landlord recovering possession of residential property from a tenant, including a tenant residing in a public housing dwelling unit or receiving tenant-based assistance or project-based assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ).
The term illegal eviction means self-help measures taken outside of the legal process for eviction to recover possession of residential property from a tenant, including a tenant residing in a public housing dwelling unit or receiving tenant-based assistance or project-based assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), such as— willfully interrupting or permitting the interruption of essential items of services required by the rental agreement; blocking or attempting to block the entry of a tenant upon the premises; changing the locks or removing the front door of the premises; removing the belongings of a tenant; and any other action defined as a self-help eviction under State landlord-tenant law.
The term local ordinance impacting eviction means a local ordinance that is designed to address the number of emergency services calls resulting from assault, sexual harassment, stalking, disorderly conduct, or another type of behavior, situation, or condition that results in the need for emergency services, that results in loss of housing or limit the housing opportunities for survivors of crime, including survivors of domestic violence, or individuals with disabilities who may require emergency services, abnegating local landlord-tenant law by— requiring, encouraging, or permitting the eviction of a tenant or resident because of a certain number of calls for emergency services; requiring, encouraging, or permitting the eviction of a tenant or resident because of an arrest even though the arrest has not resulted in the conviction of that tenant or resident; or requiring, encouraging, or permitting the eviction of a tenant or resident because of criminal activity occurring at or near the place of residence of the tenant or resident for which that tenant or resident has not been convicted.
The terms public housing and public housing agency have the meanings given those terms in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ). The term Secretary means the Secretary of Housing and Urban Development. The term tribally designated housing entity has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ).
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Sec. 3
Definitions
U.S.C.§ 1437f
U.S.C.§ 1437a
U.S.C.§ 4103
Cites 3Cited by 0 across 0 sources
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