; and (2) give priority to applicants with the greatest number of points under the system established under paragraph (1). (e) Preference factors The preference factors for which an applicant shall be awarded points under the system established pursuant to subsection (d)(1) are as follows: (1) Eviction rate preference (A) In general The Secretary shall award points if the applicant will use grant funds awarded under this section to provide services in census tracts with high rates of eviction. (B) Determination In making a determination under subparagraph (A), 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. (C) Limitations The Secretary may not— (i) require applicants to provide data on the rates of eviction in the census tract in which the applicant intends to provide services; or (ii) award more points to applicants who provide the data described in clause (i) than to applicants who do not provide that data. (2) Capacity preference (A) In general The Secretary shall award points if the Secretary determines that the applicant has a greater capacity to produce more favorable outcomes regarding eviction for eligible tenants. (B) Considerations In making a determination under subparagraph (A), the Secretary may consider the applicant’s— (i) past experience in producing favorable outcomes for households facing eviction; (ii) proposed use of grant funds to increase staff resources to provide legal assistance; (iii) demonstrated past effective use of resources to provide legal assistance; (iv) ability to provide services to eligible tenants with limited English proficiency