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Code · BILL · 118th Congress · H.R. 5038 (Introduced in House) — To create a database of eviction information, establish grant programs for eviction prevention and legal aid, and lim... · Sec. 3

Sec. 3. Database of eviction information

570 words·~3 min read·/bill/118/hr/5038/ih/section-3·

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

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. Each report submitted pursuant to subsection
(a)shall include— for each household subject to an eviction proceeding during the year which the report covers— 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; the date on which the household was ordered to be evicted; the address of the dwelling unit from which the household was evicted; whether the household was represented by legal counsel in any eviction proceeding, if such information is available; the number of days the household was given to vacate the dwelling unit, if such information is available; and whether a writ of execution was issued in regards to the eviction; and for each individual in any household subject to an eviction proceeding during the year which the report covers— the name of the individual; the annual income of the individual in the fiscal year prior to the year during which the individual was evicted, if available; the disability status of the individual evicted, if available; any available demographic information about the individual including race, ethnicity, age, and gender; any foster care history for the individual, if available; any serious physical health problems or serious mental illness of the individual, if such information is available; any history of prior homelessness of the individual, if such information is available; and whether the individual has a criminal record, if such information is available. The Secretary of Housing and Urban Development shall develop requirements for States and local entities that receive covered housing assistance that— 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; provide limitations on how long the information described in paragraph
(2)shall be retained; 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 confidentiality protections for data collected about any individuals who are survivors of intimate partner violence, sexual assault, or stalking. The Secretary shall establish a database for collecting and maintaining information submitted in reports pursuant to subsection (a). 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. 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. 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.
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