; and (2) give priority to applicants with the greatest number of points under the system. (d) Preference factors The preference factors for which an applicant shall be awarded points under the system established pursuant to subsection (c)(1) are as follows: (1) Eviction rate preference If the applicant will use grant funds awarded under this section to provide services in census tracts with high rates of eviction. In making such determinations, the Secretary shall use data determined by the Secretary to be the best available, or if no appropriate data is available, shall make reasonable inferences to determine the rate of eviction in a census tract. The Secretary may not require applicants to provide data on the rates of eviction in the census tract in which the applicant intends to provide services or award more points to applicants who provide such data than to applicants who do not. (2) Capacity preference If the Secretary determines that the applicant has a greater capacity to produce more favorable outcomes regarding eviction for eligible tenants. In making such determinations, the Secretary may consider the applicant’s— (A) past experience in producing favorable outcomes for households facing eviction; (B) proposed use of grant funds to increase staff resources to provide legal assistance; (C) demonstrated past effective use of resources to provide legal assistance; (D) ability to provide services to eligible tenants with limited English proficiency; and (E) ability to effectively communicate with eligible tenants with disabilities. (3) Preference for government entities that promote tenant rights With respect to any applicant that is a governmental entity, if the applicant has in effect laws or regulations that promote tenant rights. In making such determinations, the Secretary— (A) shall consider laws or regulations establishing a tenant’s right to— (i) counsel in evictions cases; (ii) withhold rent if a landlord fails to provide essential services to ensure habitability of the premises