Overview
Title
To authorize the Attorney General to make grants to States and localities to provide the right to counsel in civil actions related to eviction, and for other purposes.
ELI5 AI
The "Eviction Prevention Act of 2023" is like a big plan to help people who might lose their homes by giving them lawyers to help in court, and it also wants to make a giant list to understand how often and why people get kicked out of their homes.
Summary AI
S. 3463, known as the "Eviction Prevention Act of 2023," authorizes the Attorney General to provide grants to states and local governments to ensure that low-income individuals have the right to legal representation in civil eviction cases. The bill also requires the creation of a national database to track evictions and aggregate data to better understand eviction patterns in the United States. Additionally, the bill mandates a study by the Comptroller General on the effectiveness of legal protections against eviction and the impact of legal representation on eviction outcomes. It authorizes significant funding to support these initiatives through fiscal years 2024 to 2028.
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AnalysisAI
Summary of the Bill
The proposed bill, titled the Eviction Prevention Act of 2023, aims to grant the Attorney General the authority to distribute funds to state and local governments. It intends to offer legal representation to individuals facing eviction in civil matters. The legislation also seeks to establish a comprehensive national database to track different types of evictions across the U.S., ensuring a systematic collection of data involving tenants, landlords, and eviction proceedings. Additionally, the bill mandates a study by the Comptroller General to evaluate the current legal system's adequacy in protecting tenants.
Summary of Significant Issues
Several issues emerge from the bill's text. First, the creation of a national eviction database poses privacy concerns due to the collection of sensitive data, particularly regarding vulnerable populations, such as those experiencing domestic violence. There are questions about the sufficiency of privacy safeguards.
Second, the eligibility criteria for states and local governments to receive grants for providing legal counsel in eviction cases are not explicitly defined, risking transparency and fairness in fund distribution. This ambiguity extends to the lack of clarity on what represents 'substantial progress' in adopting laws that guarantee the right to legal counsel.
Moreover, the bill allocates substantial financial resources—$100 million annually—towards this database initiative without clearly defined allocations or justifications, raising questions about fiscal responsibility.
Finally, the bill lacks mechanisms for evaluating the effectiveness of the grant-funded programs, as well as oversight and accountability to prevent potential misuse of funds.
Potential Impact on the Public
Broadly speaking, this bill, if implemented effectively, could provide crucial support to individuals facing eviction, especially those who cannot afford legal representation. It highlights an effort to render the legal process more equitable by ensuring that vulnerable individuals have access to counsel, potentially preventing unjust evictions.
Simultaneously, establishing a national database could improve data transparency and aid in identifying patterns and causes of evictions, which can inform better policymaking to address housing instability.
Impact on Specific Stakeholders
Tenants: For tenants, especially those living near or beneath the poverty line, this bill could provide much-needed legal support during eviction proceedings, offering them a fair chance in disputes. Moreover, tenants may benefit from increased accountability and oversight of eviction rulings.
Landlords: On the other hand, landlords may view the act as potentially complicating the eviction process, introducing new administrative requirements and data tracking systems. They might also face increased scrutiny regarding eviction justifications and processes.
Legal Community: Attorneys and legal aid organizations might experience increased demand for eviction-related legal services. This increased demand could foster new employment opportunities within the legal sector, particularly for those specializing in housing law.
Governments and Public Agencies: State and local governments, tasked with implementing this act and managing the data collection and submission, may find themselves navigating additional administrative burdens. However, successful implementation could enhance their ability to manage housing issues more effectively by using robust data insights.
In conclusion, while the Eviction Prevention Act of 2023 presents promising steps toward creating a more balanced and equitable eviction process, carefully addressing the outlined issues is crucial for maximizing its positive impact on public welfare.
Financial Assessment
The "Eviction Prevention Act of 2023," designated as S. 3463, entails several financial allocations meant to support its objectives. The bill authorizes the provision of grants and the development of infrastructure to assist low-income individuals facing eviction. Here's an analysis of these financial elements, considering the issues raised.
Financial Allocations
Authorization of Grants for Legal Representation
The bill proposes a significant financial allocation to establish legal representation for individuals facing eviction. Specifically, it authorizes appropriations of $125,000,000 annually, covering the fiscal years 2024 through 2028. These funds are directed towards grants that allow states and local governments to hire attorneys specifically for this purpose. Each grant awarded to a state or local government can be no less than $1,000,000. This funding aims to help those in civil eviction proceedings access legal counsel, potentially affecting eviction outcomes and maintaining housing stability.
Creation of a National Database of Evictions
Additionally, the bill provides for the establishment and maintenance of a national eviction database, with an annual authorization of $100,000,000 for the same fiscal years. This database is intended to track eviction patterns, providing data that might better inform policy and resource allocation in the context of housing instability.
Issues Related to Financial Allocations
Privacy and Financial Justification Concerns
One significant issue related to the national eviction database is privacy. The bill raises concerns about the protection of sensitive data for vulnerable populations. Although $100,000,000 annually is allocated, the bill lacks detailed justification for this significant expenditure, leaving its necessity and efficiency open to question. The funds' usage and a clear outline for safeguarding personal information, especially for survivors of domestic violence, is not comprehensively addressed, adding to the debate over their allocation.
Lack of Clear Eligibility and Oversight
The eligibility criteria for states and local governments to receive grant funds are not well-defined, leading to concerns over transparency and fair distribution of the $125,000,000 annual funding. The bill does not clearly outline what qualifies as "substantial progress" in implementing right-to-counsel laws, which could result in inconsistent grant allocations across different jurisdictions.
Additionally, the absence of mechanisms for oversight and accountability raises the possibility of fund mismanagement. The bill lacks specific provisions for evaluating the effectiveness of programs funded by these grants, which could lead to inefficiencies or wasted expenditure.
Ambiguities in Definitions and Data Reporting
The financial elements related to tracking illegal evictions also encounter potential ambiguity. Without clearly defined criteria for "illegal evictions," the financial investments in data collection may return inconsistencies and unreliable data. Furthermore, procedures for courts submitting data to the database lack detailed guidance, risking inefficiencies and fragmented reporting.
In summary, while the financial allocations within the "Eviction Prevention Act of 2023" aim to address critical issues surrounding evictions, the effectiveness of these allocations depends on resolving associated concerns. These include ensuring efficiency, protecting individual privacy, and setting clear guidelines and oversight mechanisms to optimize the intended outcomes of the bill.
Issues
The establishment of a national database of evictions raises significant privacy concerns due to the capture of personal and sensitive data, especially for vulnerable populations. The privacy safeguards for individuals, including survivors of domestic violence, may not be sufficiently detailed. (Section 4)
The eligibility criteria for receiving grants to provide access to counsel in civil actions related to eviction are not clearly defined, which could lead to a lack of transparency in the selection process. This could affect the distribution of the $125,000,000 annual appropriations. (Section 3)
There is a lack of specific guidelines around what constitutes 'substantial progress' in enacting laws providing the right to counsel, which might lead to subjective interpretations and inconsistent application across different jurisdictions. (Section 3)
The bill authorizes a significant financial expenditure of $100,000,000 annually for creating a national database of evictions without detailed justification on how the funds will be precisely used, raising concerns about financial efficiency and appropriate allocation. (Section 4)
The section on grants does not specify how the effectiveness of the funded programs will be measured or evaluated, which could lead to inefficiencies and challenges in assessing the program's impact. (Section 3)
The lack of mechanisms for oversight or accountability in the distribution and use of grant funds raises concerns about the potential misuse of funds. (Section 3)
The term 'illegal evictions' and criteria for categorizing evictions as such are not well-defined, leading to potential ambiguity and inconsistencies in legal interpretations. (Section 4)
The procedures for submission of data directly by court clerks in cases where the Chief Court Administrator fails to submit data are not detailed enough, risking inconsistencies in data reporting. (Section 4)
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the "Eviction Prevention Act of 2023" is called the Short Title. It states that the official name of this act is the “Eviction Prevention Act of 2023”.
2. Definitions Read Opens in new tab
Summary AI
This section of the bill provides definitions for terms related to eviction and housing rights, including different types of evictions, what constitutes an illegal eviction, and the roles of housing-related entities like the Department of Housing and Urban Development. It also clarifies who an eligible individual is based on income, defines public housing and related agencies, and explains the scope of local government and State as per the Act.
3. Grants for States and units of general local government to provide access to counsel in civil actions related to eviction Read Opens in new tab
Summary AI
The section outlines a program where the Attorney General can give grants to states and local governments to help people facing eviction get legal representation in court. Recipients of the grant must use the funds to hire attorneys dedicated to eviction cases, and they must provide a detailed application showing their eviction rates and plans to improve access to legal counsel.
Money References
- (b) Use of funds.—A State or unit of general local government that receives a grant under this section shall use such funds to hire attorneys in positions that are dedicated solely to providing counsel described in subsection (a). (c) Application.—A State or unit of general local government seeking a grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require, including— (1) the rate of eviction for that State or unit of general local government; (2) during the previous year, the number of individuals subject to eviction in that State or unit of general local government who were not represented by an attorney in eviction proceedings; (3) a plan for how the State or unit of general local government will use amounts from a grant under this section to increase access to counsel; and (4) the status with respect of the right to counsel in civil actions related to eviction in the State or unit of general local government and, if the State or unit of general local government does not have in effect laws providing a right to counsel, such evidence as the Attorney General may require that is sufficient to demonstrate that substantial progress has been made to enact laws providing such a right. (d) Amount of grant.—Subject to the availability of appropriations, a grant under this section shall be in an amount that is not less than $1,000,000, and which amount is determined based on— (1) the rate of eviction in the applicant State or unit of general local government, compared to the national average rate of eviction, as determined by the rates of eviction included with each application under subsection (c); (2) the plan submitted by the applicant State or unit of general local government in accordance with subsection (c)(3); (3) the status of right to counsel in applicant State or unit of general local government; and (4) during the previous year, the number of individuals subject to eviction in the applicant State or unit of general local government who were not represented by an attorney in eviction proceedings. (e) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $125,000,000 for each of fiscal years 2024 through 2028. ---
4. National database of evictions Read Opens in new tab
Summary AI
The bill mandates the creation of a national eviction database within a year, aimed at collecting comprehensive data on court-ordered, administrative, and illegal evictions in the U.S. It includes data about tenants, landlords, and eviction outcomes while ensuring privacy and promoting annual reporting. The Secretary is tasked with setting guidelines for data submission and safeguarding personal information, especially for vulnerable groups. The bill also authorizes $100 million annually from 2024 to 2028 to support this initiative.
Money References
- (d) Guidelines.—The Secretary shall promulgate rules and establish guidelines for the submission of data under subsection (c) and publication of data in the database established under this section, which shall include— (1) a technological solution that provides a single point of entry for data submissions to reduce the burden on clerks of the courts; (2) in consultation with local governments, judges, and legal services providers appropriate safeguards for protecting the privacy of personally identifiable information of vulnerable populations, which shall incorporate confidentiality measures to ensure that any personally identifiable information regarding a tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking is not disclosed during the process of data submission and publication; (3) standards for— (A) external researchers to be granted permission to access data in the database, including both aggregate data and, if necessary for the conduct of their research, personally identifiable information, with appropriate safeguards to ensure identities are protected in any publicly released analysis; (B) the establishment of a research data center to support analysis of that data; and (C) using generally accepted statistical principles to validate the data, in consultation with outside participants; (4) methods for collecting data required under subsection (b) that are not currently collected; (5) establishing definitions for terms related to the eviction process based on how they are legally defined by courts of jurisdiction handling eviction cases; and (6) standards for local officials to identify and designate social services agencies that may access the database to provide targeted social services to those tenants. (e) Annual reports.—Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Secretary shall make publicly available a report on the contents of the database established under this section. (f) Authorization of appropriations.—There are authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of fiscal years 2024 through 2028. ---
5. GAO study Read Opens in new tab
Summary AI
The Comptroller General is required to conduct a study on evictions in the U.S. within one year after the act's enactment. The study will focus on issues like the legal system's shortcomings in protecting tenants, the rate of tenant and landlord representation, the effects of having legal representation on eviction outcomes, and potential savings from providing such representation.