Court Eviction Data Standards FAQs

There are many reasons why eviction court data is commonly incomplete, inaccurate, or inconsistent for non-court entities. For one, court systems have different data processes and infrastructure in place for collecting, storing, and sharing information, and different levels of resources to allocate towards these efforts.

Further, eviction legal processes and policies differ across jurisdictions, resulting in the use of varied eviction terminology and definitions across court systems. And lastly, with no national, and often no state mandate in place for courts to collect and share information related to evictions, there is a lack of guidance for courts on what information would be useful to collect and for non-court entities on what data might be available.

Common court eviction data standards that provide guidance for courts and non-court entities on what information should be collected, and how, can go a long way in ensuring better quality data that can lead to better eviction prevention and housing security.

These FAQs provide more information on the Court Eviction Data Standards, including the purpose they serve, how they were developed, and how they can be applied by courts and non-court entities.

The Future of Land and Housing program at New America, in collaboration with a coalition of housing, data, and court leaders, have developed a minimum set of eviction data standards that provide guidance for courts and non-court entities on what information is critical to collect, share, and access. These reflect a minimum set of standards, as they are not inclusive of all the information that courts collect nor do they include all the information that non-court entities need. Instead, these standards reflect: 1) information that courts do generate over the course of an eviction court case (e.g., through the initial filing, hearings, and judgment), and 2) a minimum level of information that non-court entities need to track evictions locally.

Absent the application of uniform data standards, courts collect, define, and document eviction data differently, within and across court systems. For non-court entities, this impacts the ability to use this data to track evictions, compare evictions across jurisdictions, and develop data-informed housing policies. For courts, a lack of data standards can impede data consistency and accurate interpretation of court data by non-court entities. Standardizing a minimum set of eviction court data has the potential to greatly increase the utility of this data for researchers, policymakers, and the general public, while also addressing some of the capacity constraints of courts.

The quality of court eviction data hinges in large part on the court processes and IT systems in place to collect, store, and share information related to eviction cases. These standards are intended for court decision-making entities at the state and federal level, including state supreme courts, administrative offices of the court, and state research offices. The quality of this data also hinges on those responsible for adhering to standards set by court decision-making entities, and so are also intended for those who oversee the collection and storage of data and respond to data requests, including court administrators, clerks, and other court staff.

These standards are also intended for non-court entities, including policymakers, researchers, advocates, service providers, and the general public, who rely on this data to understand and track evictions locally.

How these court eviction data standards are applied depends in large part on what eviction-related information courts are already generating, storing, and sharing. Some court systems may already collect and share this level of data in a uniform way with clear definitions, while others may be setting up data processes and IT anew. In either case, these standards can help courts and non-court entities assess their current eviction data quality and help inform short and long-term process and infrastructure improvements that better meet data needs.

Below are examples of how these standards can be applied:

• For non-court entities requesting data to use as a guide in assessing what court data might be available and how differing eviction terminology and definitions might apply;
• For state and local decision-making entities to use in determining a common set of data elements for improved eviction data collection and reporting from local jurisdictions;
• For courts to use to inform the modification or implementation of data generation and storage processes that impact the quality of court eviction data (e.g., modifying the content and structure of court forms, automating data entry, etc.); and
• For courts to use with case management systems during procurement periods to align court technology and data needs.

These data standards were developed over the last year by a coalition of housing and data experts, court staff, and municipal leaders convened by New America. Organizations that co-sign these standards include: Arizona State University Knowledge for Exchange Resilience; Princeton University's Eviction Lab; Georgetown University’s Massive Data Institute; January Advisors; National Housing Law Project; National League of Cities; NYU Furman Center; Pew Charitable Trusts; Stanford Law School's Legal Design Lab; UNC Greensboro Center for Housing and Community Studies; and Wildfire AZ.

The data elements and definitions included in the standards were informed by court eviction data from courts across the country, ongoing discussions with court and non-court entities, and existing court data standards.

These eviction data standards are intended to complement the data collection framework developed by National Open Court Data Standards (NODS) at the National Center for State Courts (NCSC). These standards build upon NODS recommended data elements for civil court cases and applies them specifically to eviction cases. As such, not every data element from NODS is included in these standards, and some data elements specific in these standards are not included in the civil court data collection framework from NODS.

These court eviction data standards, similar to NODS, are voluntary. At this time, no federal mandate and few state mandates exist for the collection and reporting of court eviction data. However, data standards are most effective when they are widely applied and enforced.

Given the variation in eviction terms and processes across the country, the data elements and definitions reflected in these standards will not map onto every jurisdiction and court system’s legal process and terminology. Courts and non-court entities should map any standards to existing court data and verify assumptions and interpretations with court staff.

Lastly, the data elements and definitions in these standards are not comprehensive, meaning that important information generated during eviction cases are not captured, including the terms of settlement agreements and the demographics of defendants. As discussed, these standards are intended to represent a minimum set of data elements that all courts should be collecting and sharing.

Implementation of data standards is a long-term effort that requires refining of data elements and definitions over time. We anticipate these standards will require updating as we learn new information and gather additional feedback from court and non-court entities collecting and using court eviction data.