On August 16, the Chair of the Senate Committee on Banking, Housing, and Urban Affairs’ Subcommittee on Housing, Transportation, and Community Development, Senator Tina Smith (D-MN), wrote to the Assistant Attorney General for Civil Rights, Kristen Clarke, about concerns over corporate landlords using automated technology to file serial and sometimes-erroneous evictions. The letter asserted that these practices, which often use AI, may violate federal civil rights law.

Sen. Smith emphasized that “[t]he affordable housing crisis in this country has intensified the eviction crisis” with 7.6 million Americans affected annually, and that eviction “filings disproportionately impact Black renters, women and families with children.” The letter described automated eviction services, such as “one-click-eviction” software, as enabling landlords to file evictions at a much higher rate than smaller landlords can file. She said these automated filings can result in significant court fines and late fees for tenants, further increasing their housing cost burden, and can hinder tenants’ ability to obtain future housing.

The letter also noted that “automated technolog[y] has made errors in eviction filings and has potential for bias.” Smith compared this automated technology to the “robo-signing” practices that contributed to the 2008 financial crisis, warning that a “rush toward automation” might undermine protections against wrongful evictions.

Sen. Smith urged the Civil Rights Division “to apply their holistic approach to enforcement, education, interagency coordination, and policy to prevent unfair and erroneous evictions,” and to “hold[] entities accountable for discriminatory outcomes.”