Notice2021-16945
Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 To Prevent the Further Spread of COVID-19
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 6, 2021
Effective
August 3, 2021
Issuing agencies
Health and Human Services DepartmentCenters for Disease Control and Prevention
Abstract
The Centers for Disease Control and Prevention (CDC), located within the Department of Health and Human Services (HHS) announces a new Order under Section 361 of the Public Health Service Act to temporarily halt residential evictions in communities with substantial or high transmission of COVID-19 to prevent the further spread of COVID-19.
Full Text
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<title>Federal Register, Volume 86 Issue 149 (Friday, August 6, 2021)</title>
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[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Notices]
[Pages 43244-43252]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16945]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
Temporary Halt in Residential Evictions in Communities With
Substantial or High Transmission of COVID-19 To Prevent the Further
Spread of COVID-19
AGENCY: Centers for Disease Control and Prevention (CDC), Department of
Health and Human Services (HHS).
ACTION: Agency Order.
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SUMMARY: The Centers for Disease Control and Prevention (CDC), located
within the Department of Health and Human Services (HHS) announces a
new Order under Section 361 of the Public Health Service Act to
temporarily halt residential evictions in communities with substantial
or high transmission of COVID-19 to prevent the further spread of
COVID-19.
DATES: This Order is effective August 3, 2021 through October 3, 2021.
FOR FURTHER INFORMATION CONTACT: Tiffany Brown, Deputy Chief of Staff,
Centers for Disease Control and Prevention, 1600 Clifton Road NE, MS
H21-10, Atlanta, GA 30329. Phone: 404-639-7000. Email:
<a href="/cdn-cgi/l/email-protection#a4c7c0c7d6c1c3d1c8c5d0cdcbcad7e4c7c0c78ac3cbd2"><span class="__cf_email__" data-cfemail="47242324352220322b26332e2829340724232469202831">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
On September 4, 2020, the CDC Director issued an Order temporarily
halting evictions in the United States for the reasons described
therein. That Order was set to expire on December 31, 2020, subject to
further extension, modification, or rescission. Section 502 of Title V,
Division N of the Consolidated Appropriations Act, 2021 extended the
Order until January 31, 2021, and approved the Order as an exercise of
the CDC's authority under Section 361 of the Public Health Service Act
(42 U.S.C. 264). With the extension of the Order, Congress also
provided $25 billion for emergency rental assistance for the payment of
rent and rental arrears. Congress later provided an additional $21.55
billion in emergency rental assistance when it passed the American
Rescue Plan. The Order was extended multiple times due to the changing
public health landscape and expired on July 31, 2021 after what was
intended to be the final extension.\1\ Absent an unexpected change in
the trajectory of the pandemic, CDC did not plan to extend the Order
further.
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\1\ The CDC Director renewed the Order until March 31, 2021. On
March 28, 2021, the CDC Director modified and extended the Order
until June 30, 2021. On June 24, 2021 the CDC Director extended the
Order until July 31, 2021.
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Following the recent surge in cases brought forth by the highly
transmissible Delta variant, the CDC Director now issues a new Order
temporarily halting evictions for persons in counties or U.S.
territories experiencing substantial or high rates of transmission, for
the reasons described herein. It is more limited in scope than prior
orders, intended to target specific areas of the country where cases
are rapidly increasing, which likely would be exacerbated by mass
evictions.
Accordingly, subject to the limitations listed in the new Order, a
landlord, owner of a residential property, or \2\ person with a legal
right to pursue eviction or possessory action, shall not evict any
covered person from any residential property in any county or U.S.
territory while the county or territory is experiencing substantial or
high levels of community transmission levels of SARS-CoV-2. This Order
will expire on October 3, 2021, but is subject to further extension,
modification, or rescission based on public health circumstances.\3\
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\2\ For purposes of this Order, ``person'' includes
corporations, companies, associations, firms, partnerships,
societies, and joint stock companies, as well as individuals.
\3\ To the extent any provision of this Order conflicts with
prior Orders, this Order is controlling, as this is a new order.
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A copy of the Order is provided below. A copy of the signed Order
and Declaration form can be found at <a href="https://www.cdc.gov/coronavirus/2019-ncov/covid-eviction-declaration.html">https://www.cdc.gov/coronavirus/2019-ncov/covid-eviction-declaration.html</a>.
[[Page 43245]]
Centers for Disease Control and Prevention, Department of Health and
Human Services
Order Under Section 361 of the Public Health Service Act (42 U.S.C.
264) and 42 Code of Federal Regulations 70.2
Temporary Halt in Residential Evictions in Communities With Substantial
or High Levels of Community Transmission of COVID-19 To Prevent the
Further Spread of COVID-19
Summary
The U.S. Centers for Disease and Control (CDC) is issuing a new
order temporarily halting evictions in counties with heightened levels
of community transmission in order to respond to recent, unexpected
developments in the trajectory of the COVID-19 pandemic, including the
rise of the Delta variant. It is intended to target specific areas of
the country where cases are rapidly increasing, which likely would be
exacerbated by mass evictions. Accordingly, subject to the limitations
under ``Applicability,'' a landlord, owner of a residential property,
or other person \4\ with a legal right to pursue eviction or possessory
action, shall not evict any covered person from any residential
property in any county or U.S. territory while the county or territory
is experiencing substantial or high levels of community transmission of
SARS-CoV-2.
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\4\ For purposes of this Order, ``person'' includes
corporations, companies, associations, firms, partnerships,
societies, and joint stock companies, as well as individuals.
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Definitions
``Available government assistance'' means any governmental rental
or housing payment benefits available to the individual or any
household member.
``Available housing'' means any available, unoccupied residential
property, or other space for occupancy in any seasonal or temporary
housing, that would not violate federal, state, or local occupancy
standards and that would not result in an overall increase of housing
cost to such individual.
``Covered person'' \5\ means any tenant, lessee, or resident of a
residential property who provides to their landlord, the owner of the
residential property, or other person with a legal right to pursue
eviction or a possessory action,\6\ a declaration \7\ under penalty of
perjury indicating that:
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\5\ This definition is based on factors that are known to
contribute to evictions and thus increase the need for individuals
to move into close quarters in new congregate or shared living
arrangements or experience homelessness. Individuals who suffer job
loss, have limited financial resources, are low income, or have high
out-of-pocket medical expenses are more likely to be evicted for
nonpayment of rent than others not experiencing these factors. See
Desmond, M., Gershenson, C., Who gets evicted? Assessing individual,
neighborhood, and network factors, Soc Sci Res. 2017;62:362-377.
doi:10.1016/j.ssresearch.2016.08.017, (identifying job loss as a
possible predictor of eviction because renters who lose their jobs
experience not only a sudden loss of income but also the loss of
predictable future income). According to one survey, over one
quarter (26%) of respondents also identified job loss as the primary
cause of homelessness. See 2019 San Francisco Homeless Count &
Survey Comprehensive Report, Applied Survey Research, at 22, <a href="https://hsh.sfgov.org/wp-content/uploads/2020/01/2019HIRDReport_SanFrancisco_FinalDraft-1.pdf">https://hsh.sfgov.org/wp-content/uploads/2020/01/2019HIRDReport_SanFrancisco_FinalDraft-1.pdf</a>. (last viewed Mar. 24,
2021).
\6\ As used throughout this Order, this would include, without
limitation, an agent or attorney acting on behalf of the landlord or
the owner of the residential property.
\7\ A person who previously filed a declaration under prior CDC
eviction moratoria issued on September 4, 2020, January 29, 2021,
March 28, 2021, or June 24, 2021 may be eligible for protection
under this Order and does not need to file a new declaration, if
they live in a county experiencing substantial or high rates of
transmission of community levels of SARS-CoV-2 and meet the
definition of a covered person under this Order.
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(1) The individual has used best efforts to obtain all available
governmental assistance for rent or housing;
(2) The individual either (i) earned no more than $99,000 (or
$198,000 if filing jointly) in Calendar Year 2020 or expects to earn no
more than $99,000 in annual income for Calendar Year 2021 (or no more
than $198,000 if filing a joint tax return),\8\ (ii) was not required
to report any income in 2020 to the U.S. Internal Revenue Service, or
(iii) received an Economic Impact Payment (stimulus
check).<SUP>9 10</SUP>
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\8\ According to one study, the national two-bedroom housing
wage in 2020 was $23.96 per hour (approximately, $49,837 annually),
meaning that an hourly wage of $23.96 was needed to afford a modest
two-bedroom house without spending more than 30% of one's income on
rent. The hourly wage needed in Hawaii (the highest cost U.S. State
for rent) was $38.76 (approximately $80,621 annually). See Out of
Reach: How Much do you Need to Earn to Afford a Modest Apartment in
Your State?, National Low Income Housing Coalition, <a href="https://reports.nlihc.org/oor">https://reports.nlihc.org/oor</a> (last visited Mar. 23, 2021). As further
explained herein, because this Order is intended to serve the
critical public health goal of preventing evicted individuals from
potentially contributing to the interstate spread of COVID-19
through movement into close quarters in new congregate, shared
housing settings, or through homelessness, the higher income
thresholds listed here have been determined to better serve this
goal.
\9\ ``Stimulus check'' includes payments made pursuant to
Section 2201 of the CARES Act, to Section 9601 of the American
Rescue Plan Act of 2021, or to any similar federally authorized
payments made to individual natural persons in 2020 and 2021.
Eligibility for the 2020 or 2021 stimulus checks has been based on
an income that is equal to or lower than the income thresholds
described above and does not change or expand who is a covered
person under this Order since it was entered into on September 4,
2020.
\10\ A person is likely to qualify for protection under this
Order if they receive the following benefits: (a) Temporary
Assistance for Needy Families (TANF); (b) Supplemental Nutrition
Assistance Program (SNAP); (c) Supplemental Security Income (SSI);
or (d) Social Security Disability Insurance (SSDI) to the extent
that income limits for these programs are less than or equal to the
income limits for this Order. However, it is the individual's
responsibility to verify that their income is within the income
limits described.
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(3) The individual is unable to pay the full rent or make a full
housing payment due to substantial loss of household income, loss of
compensable hours of work or wages, a lay-off, or extraordinary \11\
out-of-pocket medical expenses;
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\11\ Extraordinary expenses are defined as those that prevented
you from paying some or all of your rent or providing for other
basic necessities like food security. To qualify as an extraordinary
medical expense, the unreimbursed medical expense is one that is
likely to exceed 7.5% of one's adjusted gross income for the year.
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(4) The individual is using best efforts to make timely partial
rent payments that are as close to the full rent payment as the
individual's circumstances may permit, taking into account other
nondiscretionary expenses;
(5) Eviction would likely render the individual homeless--or force
the individual to move into and reside in close quarters in a new
congregate or shared living setting--because the individual has no
other available housing options; and
(6) The individual resides in a U.S. county experiencing
substantial \12\ or high \13\ rates of community transmission levels of
SARS-CoV-2 as defined by CDC.
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\12\ Counties experiencing substantial transmission levels are
experiencing (1) 50.99-99.99 new cases in the county in the past 7
days divided by the population in the county multiplied by 100,000;
and (2) 8.00-9.99% positive nucleic acid amplification tests in the
past 7 days (number of positive tests in the county during the past
7 days divided by the total number of tests performed in the county
during the past 7 days). Christie A, Brooks JT, Hicks LA, et al.
Guidance for Implementing COVID-19 Prevention Strategies in the
Context of Varying Community Transmission Levels and Vaccination
Coverage. MMWR Morb Mortal Wkly Rep 2021;70:1044-1047. DOI: <a href="http://dx.doi.org/10.15585/mmwr.mm7030e2">http://dx.doi.org/10.15585/mmwr.mm7030e2</a>. See COVID-19 Integrated County
View, Centers for Disease Control and Prevention; <a href="https://covid.cdc.gov/covid-data-tracker/#county-view">https://covid.cdc.gov/covid-data-tracker/#county-view</a> (last updated August
1, 2021).
\13\ Id. (defining high transmission levels as (1) >=100 new
cases in the county in the past 7 days divided by the population in
the county multiplied by 100,000; and (2) >=10.00% positive nucleic
acid amplification tests in the past 7 days (number of positive
tests in the county during the past 7 days divided by the total
number of tests performed in the county during the past 7 days)).
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``Evict'' and ``Eviction'' means any action by a landlord, owner of
a residential property, or other person with a legal right to pursue
eviction or possessory action, to remove or cause the removal of a
covered person from a
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residential property. This definition also does not prohibit
foreclosure on a home mortgage.
``Residential property'' means any property leased for residential
purposes, including any house, building, mobile home or land in a
mobile home park,\14\ or similar dwelling leased for residential
purposes, but shall not include any hotel, motel, or other guest house
rented to a temporary guest or seasonal tenant as defined under the
laws of the state, territorial, tribal, or local jurisdiction.
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\14\ Mobile home parks may also be referred to as manufactured
housing communities.
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``State'' shall have the same definition as under 42 CFR 70.1,
meaning ``any of the 50 states, plus the District of Columbia.''
``U.S. territory'' shall have the same definition as under 42 CFR
70.1, meaning ``any territory (also known as possessions) of the United
States, including American Samoa, Guam, the Northern Mariana Islands,
the Commonwealth of Puerto Rico, and the U.S. Virgin Islands.''
Statement of Intent
This Order shall be interpreted and implemented in a manner as to
achieve the following objectives:
<bullet> Mitigating the spread of COVID-19 within crowded,
congregate or shared living settings, or through unsheltered
homelessness;
<bullet> Mitigating the further spread of COVID-19 from one state
or territory into any other state or territory;
<bullet> Mitigating the further spread of COVID-19 by temporarily
suspending the eviction of covered persons from residential property
for nonpayment of rent; and
<bullet> Supporting response efforts to COVID-19 at the federal,
state, local, territorial, and tribal levels.
Background
COVID-19 in the United States
Since January 2020, the respiratory disease known as ``COVID-19,''
caused by a novel coronavirus (SARS-COV-2), has spread globally,
including cases reported in all fifty states within the United States,
plus the District of Columbia and U.S. territories. As of August 3,
2021, there have been almost 200 million cases of COVID-19 globally,
resulting in over 4,240,000 deaths.\15\ Almost 35,000,000 cases have
been identified in the United States, with new cases reported daily,
and almost 610,000 deaths have been attributed to the disease.\16\ A
renewed surge in cases in the United States began in early July 2021;
case counts rose from 19,000 cases on July 1, 2021 to 103,000 cases on
July 30, 2021. Forecasted case counts predict that cases will continue
to rise over the next four weeks.\17\
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\15\ COVID-19 Dashboard by the Center for Systems Science and
Engineering (CSSE) at Johns Hopkins University (JHU), Johns Hopkins
Coronavirus Resource Center, <a href="https://coronavirus.jhu.edu/map.html">https://coronavirus.jhu.edu/map.html</a>
(last updated August 3, 2021).
\16\ COVID Data Tracker, Centers for Disease Control and
Prevention, <a href="https://covid.cdc.gov/covid-data-tracker/#datatracker-home">https://covid.cdc.gov/covid-data-tracker/#datatracker-home</a> (last updated August 1, 2021).
\17\ United States Forecasting, Centers for Disease Control and
Prevention, <a href="https://covid.cdc.gov/covid-data-tracker/#forecasting_weeklycases">https://covid.cdc.gov/covid-data-tracker/#forecasting_weeklycases</a> (updated July 28, 2021) (citing data an
estimated 608,569 weekly COVID-19 cases by early September 2021).
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The virus that causes COVID-19 spreads very easily and sustainably
between people, particularly those who are in close contact with one
another (within about 6 feet, but occasionally over longer distances),
mainly through respiratory droplets produced when an infected person
coughs, sneezes, or talks. Individuals without symptoms can also spread
the virus.\18\ Among adults, the risk for severe illness from COVID-19
increases with age, with older adults at highest risk. Severe illness
means that persons with COVID-19 may require hospitalization, intensive
care, or a ventilator to help them breathe, and may be fatal. People of
any age with certain underlying medical conditions (e.g., cancer,
obesity, serious heart conditions, or diabetes) are at increased risk
for severe illness from COVID-19.\19\
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\18\ Kimball A., Hatfield K.M., Arons M., et al. Asymptomatic
and Presymptomatic SARS-CoV-2 Infections in Residents of a Long-Term
Care Skilled Nursing Facility--King County, Washington, March 2020.
MMWR Morb Mortal Wkly Rep 2020;69:377-381. DOI: <a href="http://dx.doi.org/10.15585/mmwr.mm6913e1">http://dx.doi.org/10.15585/mmwr.mm6913e1</a>.
\19\ Razzaghi H., Wang Y., Lu H., et al. Estimated County-Level
Prevalence of Selected Underlying Medical Conditions Associated with
Increased Risk for Severe COVID-19 Illness--United States, 2018.
MMWR Morb Mortal Wkly Rep 2020;69:945-950. DOI: <a href="http://dx.doi.org/10.15585/mmwr.mm6929a1">http://dx.doi.org/10.15585/mmwr.mm6929a1</a>.
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New variants of SARS-CoV-2 have emerged globally,\20\ several of
which have been identified as variants of concern,\21\ including the
Alpha, Beta, Gamma, and Delta variants. These variants of concern have
evidence of an increase in transmissibility, which may lead to higher
incidence.\22\
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\20\ Abdool Karim S.S., de Oliveira T. New SARS-CoV-2 Variants--
Clinical, Public Health, and Vaccine Implications [published online
ahead of print, 2021 Mar 24]. N Engl J Med. 2021;10.1056/
NEJMc2100362. doi:10.1056/NEJMc2100362.
\21\ Id.
\22\ Dougherty K., Mannell M., Naqvi O., Matson D., Stone J.
SARS-CoV-2 B.1.617.2 (Delta) Variant COVID-19 Outbreak Associated
with a Gymnastics Facility--Oklahoma, April-May 2021. MMWR Morb
Mortal Wkly Rep 2021;70:1004-1007. DOI: <a href="http://dx.doi.org/10.15585/mmwr.mm7028e2">http://dx.doi.org/10.15585/mmwr.mm7028e2</a> (describing a B.1.617.2 (Delta) Variant COVID-19
outbreak associated with a gymnastics facility and finding that the
Delta variant is highly transmissible in indoor sports settings and
households, which might lead to increased incidence rates).
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Currently, the Delta variant is the predominant SARS-CoV-2 strain
circulating in the United States, estimated to account for over 82% of
cases as of July 17, 2021.\23\ The Delta variant has demonstrated
increased levels of transmissibility compared to other variants.\24\
Furthermore, early evidence suggests that people who are vaccinated and
become infected with the Delta variant may transmit the virus to
others.\25\
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\23\ Variant Proportions, Centers for Disease Control and
Prevention, <a href="https://covid.cdc.gov/covid-data-tracker/#variant-proportions">https://covid.cdc.gov/covid-data-tracker/#variant-proportions</a> (citing data for the two-week interval ending July 17,
2021).
\24\ About Variants of the Virus that Causes COVID-19, Centers
for Disease Control and Prevention, <a href="https://www.cdc.gov/coronavirus/2019-ncov/variants/variant.html">https://www.cdc.gov/coronavirus/2019-ncov/variants/variant.html</a> (last updated June 28, 2021).
\25\ Riemersma et al. Vaccinated and unvaccinated individuals
have similar viral loads in communities with a high prevalence of
the SARS-CoV-2 Delta variant. Pre-print. Available at <a href="https://www.medrxiv.org/content/10.1101/2021.07.31.21261387v1">https://www.medrxiv.org/content/10.1101/2021.07.31.21261387v1</a>.
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Transmission of the Delta variant has led to accelerated community
transmission in the United States. CDC recommends assessing the level
of community transmission using, at a minimum, two metrics: new COVID-
19 cases per 100,000 persons in the last 7 days and percentage of
positive SARS-CoV-2 diagnostic nucleic acid amplification tests in the
last 7 days. For each of these metrics, CDC classifies transmission
values as low, moderate, substantial, or high. As of August 1, 2021,
over 80% of the U.S. counties were classified as experiencing
substantial or high levels of community transmission.\26\ In areas of
substantial or high transmission, CDC recommends community leaders
encourage vaccination and universal masking in indoor public spaces in
addition to other layered prevention strategies to prevent further
spread.
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\26\ COVID-19 Integrated County View, Centers for Disease
Control and Prevention, <a href="https://covid.cdc.gov/covid-data-tracker/#county-view">https://covid.cdc.gov/covid-data-tracker/#county-view</a> (last updated July 28, 2021).
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COVID-19 vaccines are now widely available in the United States,
and vaccination is recommended for all people 12 years of age and
older. Three COVID-19 vaccines are currently authorized by the U.S.
Food and Drug Administration (FDA) for emergency use: Two mRNA vaccines
and one viral vector vaccine, each of which has been determined to be
safe and effective against COVID-19. As of July 28, 2021, over 163
million people in the United States (57.6% of the population 12 years
or older) have been fully vaccinated and
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over 189 million people in the United States (66.8% of the population
12 years or older) have received at least one dose.\27\ Changes in
vaccine uptake and the extreme transmissibility of the Delta variant
have resulted in rising numbers of COVID-19 cases, primarily and
disproportionately affecting the unvaccinated population.
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\27\ COVID-19 Vaccinations in the United States, Centers for
Disease Control and Prevention, <a href="https://covid.cdc.gov/covid-data-tracker/#vaccinations">https://covid.cdc.gov/covid-data-tracker/#vaccinations</a> (last updated July 28, 2021).
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The COVID-19 vaccination effort has a slower rate of penetration
among the populations most likely to experience
eviction.<SUP>28 29</SUP> In combination with the continued underlying
COVID-19 spread, and the overlapping factors described above, this
creates considerable risk for rapid transmission of COVID-19 in high-
risk settings.
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\28\ Barry V., Dasgupta S., Weller D.L., et al. Patterns in
COVID-19 Vaccination Coverage, by Social Vulnerability and
Urbanicity--United States, December 14, 2020-May 1, 2021. MMWR Morb
Mortal Wkly Rep 2021;70:818-824. DOI: <a href="http://dx.doi.org/10.15585/mmwr.mm7022e1">http://dx.doi.org/10.15585/mmwr.mm7022e1</a>.
\29\ Centers for Disease Control and Prevention. COVID-19
Vaccination Equity. Accessed 8/3/21. Available at: <a href="https://covid.cdc.gov/covid-data-tracker/#vaccination-equity">https://covid.cdc.gov/covid-data-tracker/#vaccination-equity</a>.
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In the context of a pandemic, eviction moratoria--like quarantine,
isolation, and social distancing--can be an effective public health
measure utilized to prevent the spread of communicable disease.
Eviction moratoria facilitate self-isolation and self-quarantine by
people who become ill or who are at risk of transmitting COVID-19.
Congress passed the Coronavirus Aid, Relief, and Economic Security
(CARES) Act (Pub. L. 116-136) to aid individuals and businesses
adversely affected by COVID-19 in March 2020. Section 4024 of the CARES
Act provided a 120-day moratorium on eviction filings as well as other
protections for tenants in certain rental properties with federal
assistance or federally related mortgage financing. These protections
helped alleviate the public health consequences of tenant displacement
during the COVID-19 pandemic. The CARES Act eviction moratorium expired
on July 24, 2020. The protections in the CARES Act supplemented
temporary eviction moratoria and rent freezes implemented by governors
and other local officials using emergency powers.
Researchers estimated that this temporary federal moratorium
provided relief to over one-quarter a material portion of the nation's
roughly 43 million renters.\30\ The CARES act also provided funding
streams for emergency rental assistance; surveys estimate that this
assistance became available to the public through rental assistance
programs by July 2020.\31\
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\30\ Laurie Goodman, Karan Kaul, and Michael Neal. The CARES Act
Eviction Moratorium Covers All Federally Financed Rentals--That's
One in Four US Rental Units. The Urban Institute. April 2, 2020.
<a href="https://www.urban.org/urban-wire/cares-act-eviction-moratorium-covers-all-federally-financed-rentals-thats-one-four-us-rental-units">https://www.urban.org/urban-wire/cares-act-eviction-moratorium-covers-all-federally-financed-rentals-thats-one-four-us-rental-units</a>.
\31\ Vincent Reina et al, COVID-19 Emergency Rental Assistance:
Analysis of a National Survey of Programs, Research Brief, <a href="https://nlihc.org/sites/default/files/HIP_NLIHC_Furman_Brief_FINAL.pdf">https://nlihc.org/sites/default/files/HIP_NLIHC_Furman_Brief_FINAL.pdf</a> (last
visited Mar. 26, 2021).
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The Federal moratorium provided by the CARES Act, however, did not
reach all renters. Many renters who fell outside the scope of the
Federal moratorium were instead protected under state and local
moratoria. In early March 2021, the Census Household Pulse Survey
estimated that 6.4 million households were behind on rent and just
under half fear imminent eviction.\32\ In 2016, research showed that
there were 3.6 million eviction filings and 1.5 million eviction
judgments over the span of a whole year,\33\ meaning that the pandemic
would cause a wave of evictions on a scale that would be unprecedented
in modern times. A large portion of those who are evicted may move into
close quarters in shared housing or, as discussed below, become
homeless, thus becoming at higher risk of COVID-19.
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\32\ Census Household Pulse Survey: Key Phase 3 Housing Payment
Findings. Office of Policy Development and Research, HUDUser (April
26, 2021). <a href="https://www.huduser.gov/portal/pdredge/pdr-edge-trending-042621.html">https://www.huduser.gov/portal/pdredge/pdr-edge-trending-042621.html</a>.
\33\ Ashley Gromis. Eviction: Intersection of Poverty,
Inequality, and Housing. Eviction Lab, Princeton University (May
2019). <a href="https://www.un.org/development/desa/dspd/wp-content/uploads/sites/22/2019/05/GROMIS_Ashley_Paper.pdf">https://www.un.org/development/desa/dspd/wp-content/uploads/sites/22/2019/05/GROMIS_Ashley_Paper.pdf</a>.
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On September 4, 2020, the CDC Director issued an Order temporarily
halting evictions in the United States for the reasons described
therein. That Order was set to expire on December 31, 2020, subject to
further extension, modification, or rescission. Section 502 of Title V,
Division N of the Consolidated Appropriations Act, 2021 extended the
Order until January 31, 2021, and approved the Order as an exercise of
the CDC's authority under Section 361 of the Public Health Service Act
(42 U.S.C. 264). With the extension of the Order, Congress also
provided $25 billion for emergency rental assistance for the payment of
rent and rental arrears. Congress later provided an additional $21.55
billion in emergency rental assistance when it passed the American
Rescue Plan Act of 2021. The Order was extended multiple times due to
the changing public health landscape and expired on July 31, 2021 after
what was intended to be the final extension.\34\ Absent an unexpected
change in the trajectory of the pandemic, CDC did not plan to extend
the Order further.
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\34\ The CDC Director renewed the Order until March 31, 2021. On
March 28, 2021, the CDC Director modified and extended the Order
until June 30, 2021. On June 24, 2021 the CDC Director extended the
Order until July 31, 2021.
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Following the recent surge in cases brought forth by the highly
transmissible Delta variant, the CDC Director now issues a new Order
temporarily halting evictions for persons in counties experiencing
substantial or high rates of transmission, for the reasons described
herein. This Order will expire on October 3, 2021, but is subject to
further extension, modification, or rescission based on public health
circumstances.
Researchers estimate that, in 2020, Federal, state, and local
eviction moratoria led to over 1.5 million fewer evictions filings than
the previous year.\35\ Additional research shows that, despite the CDC
eviction moratorium leading to an estimated 50% decrease in eviction
filings compared to the historical average,\36\ there have still been
over 450,000 eviction filings during the pandemic just within
approximately 31 cities and six states with more readily available
data. This data covers approximately 1 in 4 renter households in the
country, suggesting high demand and likelihood of mass evictions
nationwide.\37\
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\35\ Hepburn P., Louis R., Fish J., et al. U.S. Eviction Filing
Patterns in 2020. Socius. January 2021. doi:10.1177/
23780231211009983.
\36\ Peter Hepburn and Renee Louis. Preliminary Analysis: Six
Months of the CDC Eviction Moratorium (March 8, 2021). <a href="https://evictionlab.org/six-months-cdc/">https://evictionlab.org/six-months-cdc/</a>.
\37\ Eviction Lab. Accessed 8/2/21. Available at: <a href="https://evictionlab.org/eviction-tracking/">https://evictionlab.org/eviction-tracking/</a>.
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Eviction, Crowding, and Interstate Transmission of COVID-19
By February 10, 2021, the U.S. Department of the Treasury had paid
all of the $25 billion made available by the Consolidated
Appropriations Act, 2021 to states, territories, localities and tribes
for the purpose of providing emergency rental assistance to eligible
households in their jurisdictions. Additionally, as directed in the
Act, Treasury has also made available 40 percent--more than $8.6
billion--of the additional funding to states, territories and
localities for emergency rental assistance provided in the American
Rescue Plan Act of 2021. While some emergency rental assistance
programs were slow to open, every State program had opened by early
June. Based on data collected from grantees, Treasury reports that over
85,000 renter households received rental and utility
[[Page 43248]]
assistance to support their housing stability by the end of March and
this number increased to more than 100,000 in April, more than 156,000
in May and over 290,000 in June. Though emergency rental assistance has
clearly started to reach increasing numbers of families over recent
months, state and local agencies have hundreds of thousands of
applications for assistance that currently remain outstanding as
programs accelerate their activity. The level of assistance continued
to increase in June, with nearly 300,000 households served. Based on
analysis of grantee reporting, Treasury believes that the monthly
deployment of rental assistance by state and local emergency rental
assistance programs will continue to increase from the significant
deployment in June. In addition to Emergency Rental Assistance, there
are coordinated efforts across Federal agencies to--in partnership with
states and localities--promote eviction prevention strategies.
Recent data from the U.S. Census Household Pulse Survey
demonstrates that just under half of households behind on rent believe
that an eviction is likely in the next two months.\38\ A surge in
evictions could lead to the immediate and significant movement of large
numbers of persons from lower density to higher density housing at a
time in the United States when the highly transmissible Delta variant
is driving COVID-19 cases at an unprecedented rate.
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\38\ Household Pulse Survey Interactive Tool. U.S. Census
Bureau. <a href="https://www.census.gov/data-tools/demo/hhp/#/">https://www.census.gov/data-tools/demo/hhp/#/</a> (last visited
June 23, 2021).
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Evicted renters must move, which leads to multiple outcomes that
increase the risk of COVID-19 spread. Specifically, many evicted
renters move into close quarters in shared housing or other congregate
settings. These moves may require crossing state borders. According to
the 2017 Census Bureau American Housing Survey, 32% of renters reported
that they would move in with friends or family members upon eviction,
which would introduce new household members and potentially increase
household crowding. Studies show that COVID-19 transmission occurs
readily within households. The secondary attack rate in households has
been estimated to be 17%, and household contacts are estimated to be 6
times more likely to become infected by an index case of COVID-19 than
other close contacts.\39\ A study of pregnant women in New York City
showed that women in large households (greater number of residents per
household) were three times as likely to test positive for SARS-CoV-2
than those in smaller households, and those in neighborhoods with
greater household crowding (>1 resident per room) were twice as likely
to test positive.\40\ Throughout the United States, counties with the
highest proportion of crowded households have experienced COVID-19
mortality rates 2.6 times those of counties with the lowest proportion
of crowded households.
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\39\ Qin-Long Jing, et al. Household secondary attack rate of
COVID-19 and associated determinants in Guangzhou, China: a
retrospective cohort study. The Lancet. 2020 June 17; vol. 20.10;
doi: <a href="https://doi.org/10.1016/S1473-3099">https://doi.org/10.1016/S1473-3099</a>(20)30471-0.
\40\ Ukachi N. Emeruwa, et al. Associations Between Built
Environment, Neighborhood Socioeconomic Status, and SARS-CoV-2
Infection Among Pregnant Women in New York City. JAMA.
2020;324(4):390-392. doi:10.1001/jama.2020.11370.
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Shared housing is not limited to friends and family. It includes a
broad range of settings, including transitional housing and domestic
violence and abuse shelters. Special considerations exist for such
housing because of the challenges of maintaining social distance.
Residents often gather closely or use shared equipment, such as kitchen
appliances, laundry facilities, stairwells, and elevators. Residents
may have unique needs, such as disabilities, chronic health conditions,
cognitive decline, or limited access to technology, and thus may find
it more difficult to take actions to protect themselves from COVID-19.
CDC recommends that shelters provide new residents with a clean mask,
keep them isolated from others, screen for symptoms at entry, or
arrange for medical evaluations as needed depending on symptoms.
Accordingly, an influx of new residents at facilities that offer
support services could potentially overwhelm staff and, if
recommendations are not followed, lead to exposures.
Modeling studies and observational data from the pre-vaccine phase
of the COVID-19 pandemic comparing incidence between states that
implemented and lifted eviction moratoria indicate that evictions
substantially contribute to COVID-19 transmission. In mathematical
models where eviction led exclusively to sharing housing with friends
or family, lifting eviction moratoria led to a 30% increased risk of
contracting COVID-19 among people who were evicted and those with whom
they shared housing after eviction.\41\ Compared to a scenario where no
evictions occurred, the models also predicted a 4%-40% increased risk
of infection, even for those who did not share housing, as a result of
increased overall transmission. The authors estimated that anywhere
from 1,000 to 100,000 excess cases per million population could be
attributable to evictions depending on the eviction and infection
rates.
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\41\ Nande A, Sheen J, Walters EL, Klein B, Chinazzi M, Gheorghe
AH, Adlam B, Shinnick J, Tejeda MF, Scarpino SV, Vespignani A,
Greenlee AJ, Schneider D, Levy MZ, Hill AL. The effect of eviction
moratoria on the transmission of SARS-CoV-2. Nat Commun. 2021 Apr
15;12(1):2274. doi: 10.1038/s41467-021-22521-5. PMID: 33859196;
PMCID: PMC8050248.
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An analysis of observational data from state-based eviction
moratoria in 43 states and the District of Columbia showed significant
increases in COVID-19 incidence and mortality approximately 2-3 months
after eviction moratoria were lifted.\42\ Specifically, the authors
compared the COVID-19 incidence and mortality rates in states that
lifted their moratoria with the rates in states that maintained their
moratoria. In these models, the authors accounted for time-varying
indicators of each state's test count as well as major public-health
interventions including lifting stay-at-home orders, school closures,
and mask mandates. After adjusting for these other changes, they found
that the incidence of COVID-19 in states that lifted their moratoria
was 1.6 times that of states that did not at 10 weeks post-lifting (95%
CI 1.0, 2.3), a ratio that grew to 2.1 at >=16 weeks (CI 1.1, 3.9).
Similarly, they found that mortality in states that lifted their
moratoria was 1.6 times that of states that did not at 7 weeks post-
lifting (CI 1.2, 2.3), a ratio that grew to 5.4 at >=16 weeks (CI 3.1,
9.3). The authors estimated that, nationally, over 433,000 cases of
COVID-19 and over 10,000 deaths could be attributed to lifting state
moratoria.\43\
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\42\ Leifheit KM, Linton SL, Raifman J, Schwartz GL, Benfer EA,
Zimmerman FJ, Pollack CE. Expiring Eviction Moratoriums and COVID-19
Incidence and Mortality. Am J Epidemiol. 2021 Jul 26:kwab196. doi:
10.1093/aje/kwab196. Epub ahead of print. PMID: 34309643.
\43\ Leifheit, Kathryn M. and Linton, Sabriya L. and Raifman,
Julia and Schwartz, Gabriel and Benfer, Emily and Zimmerman,
Frederick J and Pollack, Craig, Expiring Eviction Moratoriums and
COVID-19 Incidence and Mortality (November 30, 2020). Available at
SSRN: <a href="https://ssrn.com/abstract=3739576">https://ssrn.com/abstract=3739576</a> or <a href="http://dx.doi.org/10.2139/ssrn.3739576">http://dx.doi.org/10.2139/ssrn.3739576</a>.
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Although data are limited, available evidence suggests evictions
lead to interstate spread of COVID-19 in two ways. First, an eviction
may lead the evicted members of a household to move across state lines.
Of the 35 million people in America who move each year, 15% move to a
new state. Second, even if a particular eviction, standing alone, would
not always result in interstate displacement, the mass
[[Page 43249]]
evictions that would occur in the absence of this Order would
inevitably increase the interstate spread of COVID-19. This Order
cannot effectively mitigate interstate transmission of COVID-19 without
covering intrastate evictions (evictions occurring within the
boundaries of a state or territory), as the level of spread of SARS-
CoV-2 resulting from these evictions can lead to SARS-CoV-2
transmission across state borders.
Moreover, intrastate spread facilitates interstate spread in the
context of communicable disease spread, given the nature of infectious
disease. In the aggregate, the mass-scale evictions that will likely
occur in the absence of this Order in areas of substantial or high
transmission will inevitably increase interstate spread of COVID-19.
Eviction, Homelessness, and COVID-19 Transmission
Evicted individuals without access to support or other assistance
options may become homeless, including older adults or those with
underlying medical conditions, who are more at risk for severe illness
from COVID-19 than the general population. In Seattle-King County, 5-
15% of people experiencing homelessness between 2018 and 2020 cited
eviction as the primary reason for becoming homeless.\44\ Additionally,
some individuals and families who are evicted may originally stay with
family or friends, but subsequently seek homeless services. Data
collection by an emergency shelter in Columbus, Ohio, showed that 35.4%
of families and 11.4% of single adults reported an eviction as the
primary or secondary reason for their seeking shelter.\45\
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\44\ Count Us In 2020. KCRHA (July 2020). <a href="https://kcrha.org/wp-content/uploads/2020/07/Count-Us_In-2020-Final_7.29.2020.pdf">https://kcrha.org/wp-content/uploads/2020/07/Count-Us_In-2020-Final_7.29.2020.pdf</a>.
\45\ Chester Hartman and David Robinson. ``Evictions: The Hidden
Housing Problem'' in Housing Policy Debate. 2003.
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Extensive outbreaks of COVID-19 have been identified in homeless
shelters. In Seattle, Washington, a network of three related homeless
shelters experienced an outbreak that led to 43 cases among residents
and staff members. In Boston, Massachusetts, universal COVID-19 testing
at a single shelter revealed 147 cases, representing 36% of shelter
residents. COVID-19 testing in a single shelter in San Francisco led to
the identification of 101 cases (67% of those tested). Data from 634
universal diagnostic testing events at homeless shelters in 21 states
show an average of 6% positivity among shelter clients. Data comparing
the incidence or severity of COVID-19 among people experiencing
homelessness directly to the general population are limited. However,
during the 15-day period of the outbreak in Boston, MA, researchers
estimated a cumulative incidence of 46.3 cases of COVID-19 per 1000
persons experiencing homelessness, as compared to 1.9 cases per 1000
among Massachusetts adults (pre-print).
Among other things, CDC guidance recommends increasing physical
distance between beds in homeless shelters, which is likely to decrease
capacity, while community transmission of COVID-19 is occurring. To
adhere to this guidance, shelters have limited the number of people
served throughout the United States. In many places, considerably fewer
beds are available to individuals who become homeless. Shelters that do
not adhere to the guidance, and operate at ordinary or increased
occupancy, are at greater risk for the types of outbreaks described
above.
Application of COVID-19 Prevention Strategies Based on Community
Transmission
CDC recommends strengthening or adding effective COVID-19
mitigation strategies in communities with considerable transmission
risk. As discussed above, CDC guidance specifies that everyone,
regardless of vaccination status, should wear masks in indoor and
public settings in communities experiencing substantial or high rates
of community transmission. Similarly, CDC guidance for homeless
shelters recommends maintaining layered COVID-19 precautions as long as
community transmission is occurring and provides options for scaling
back precautions when community transmission is low.\46\
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\46\ Centers for Disease Control and Prevention. Interim
Guidance for Homeless Service Providers to Plan and Respond to
Coronavirus Disease 2019 (COVID-19). Available at: <a href="https://www.cdc.gov/coronavirus/2019-ncov/community/homeless-shelters/plan-prepare-respond.html">https://www.cdc.gov/coronavirus/2019-ncov/community/homeless-shelters/plan-prepare-respond.html</a>.
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Eviction moratoria represent a COVID-19 transmission prevention
measure that can similarly be applied when the epidemiological context
is appropriate, for example in communities with substantial or high
transmission of COVID-19.\47\ Prevention strategies like these should
only be relaxed or lifted after two weeks of continuous sustained
improvement in the level of community transmission. In areas with low
or no SARS-CoV-2 transmission and with testing capacity in place to
detect early introduction or increases in spread of the virus, layered
prevention strategies might be removed one at a time while monitoring
closely for any evidence that COVID-19 cases are increasing. Decisions
to add or remove prevention strategies should be based on local data
and public health recommendations. The emergence of more transmissible
SARS-CoV-2 variants, including Delta, increases the urgency for public
health agencies and other organizations to collaboratively monitor the
status of the pandemic in their communities and continue to apply
layered prevention strategies.
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\47\ Of course, eviction moratoria are only effective to the
degree that consumers know about them and to the degree they are
complied with by landlords, owners of residential property, others
who have a right to evict, or their agents.
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Persons at Higher Risk of Eviction May Also Be at Higher Risk of Being
Unvaccinated
Communities with high rates of eviction have been shown to have
lower coverage of COVID-19 vaccination--a focus for current vaccination
campaigns. A study in the spring of 2021 showed that counties with high
social vulnerability (i.e., social and structural factors associated
with adverse health outcome inclusive of socioeconomic indicators
related to risk of eviction) had lower levels of COVID-19
vaccination.\48\
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\48\ Barry V, Dasgupta S, Weller DL, Kriss JL, Cadwell BL, Rose
C, Pingali C, Musial T, Sharpe JD, Flores SA, Greenlund KJ, Patel A,
Stewart A, Qualters JR, Harris L, Barbour KE, Black CL. Patterns in
COVID-19 Vaccination Coverage, by Social Vulnerability and
Urbanicity--United States, December 14, 2020-May 1, 2021. MMWR Morb
Mortal Wkly Rep. 2021 Jun 4;70(22):818-824. doi: 10.15585/
mmwr.mm7022e1. PMID: 34081685; PMCID: PMC8174677.
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CDC Eviction Moratorium
The Department of the Treasury has made funding available to
states, territories, localities, and Tribal governments, which continue
to distribute emergency rental assistance funds that may help mitigate
spikes in COVID-19 transmission due to increases in evictions.
Alongside other federal and state efforts to prevent evictions, these
funds are expected to make a meaningful difference for hundreds of
thousands of people who are expected to receive the rental
assistance.\49\
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\49\ Treasury Emergency Rental Assistance Programs in 2021:
Analysis of a National Survey. National Low Income Housing
Coalition. June 2021. <a href="https://nlihc.org/sites/default/files/HIP_NLIHC_Furman_2021_6-22_FINAL_v2.pdf">https://nlihc.org/sites/default/files/HIP_NLIHC_Furman_2021_6-22_FINAL_v2.pdf</a>.
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On September 4, 2020, the CDC Director issued an Order temporarily
halting evictions in the United States for the reasons described
therein. That Order was set to expire on December 31, 2020, subject to
further extension, modification, or rescission. Section 502 of Title V,
Division N of the
[[Page 43250]]
Consolidated Appropriations Act, 2021 extended the Order until January
31, 2021. With the extension of the Order, Congress also provided $25
billion for emergency rental assistance for the payment of rent and
rental arrears. Congress later provided an additional $21.55 billion in
emergency rental assistance when it passed the American Rescue Plan.
On January 29, 2021, following an assessment of the ongoing
pandemic, the CDC Director renewed the Order until March 31, 2021. On
March 28, the CDC Director renewed the Order until June 30, 2021. On
June 24, the CDC Director renewed the Order until July 31, 2021 (July
Order). The CDC Director indicated that the July Order would be the
final extension of the nationwide eviction moratorium absent an
unexpected change in the trajectory of the pandemic. Unfortunately, the
rise of the Delta variant and corresponding rise in cases in numerous
counties in the United States have altered the trajectory of the
pandemic. As a result, CDC is issuing this narrower, more targeted
Order to temporarily halt evictions in the hardest hit areas. Without
this Order, evictions in these areas would likely exacerbate the
increase in cases. To the extent any provision of this Order conflicts
with prior Orders, this Order is controlling.
Applicability
This Order applies in U.S. counties \50\ experiencing substantial
\51\ and high \52\ levels of community transmission levels of SARS-CoV-
2 as defined by CDC, as of August 3, 2021. If a U.S. county that is not
covered by this Order as of August 3, 2021 later experiences
substantial or high levels of community transmission while this Order
is in effect, then that county will become subject to this Order as of
the date the county begins experiencing substantial or high levels of
community transmission. If a U.S. county that is covered by this Order
no longer experiences substantial or high levels of community
transmission for 14 consecutive days, then this Order will no longer
apply in that county, unless and until the county again experiences
substantial or high levels of community transmission while this Order
is in effect.
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\50\ As used in this Order, the term ``county'' refers to both
counties in the United States and U.S. territories.
\51\ Supra note 7.
\52\ Supra. note 8.
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This Order does not apply in any state, local, territorial, or
tribal area with a moratorium on residential evictions that provides
the same or greater level of public-health protection than the
requirements listed in this Order or to the extent its application is
prohibited by Federal court order. In accordance with 42 U.S.C. 264(e),
this Order does not preclude state, local, territorial, and tribal
authorities from imposing additional requirements that provide greater
public-health protection and are more restrictive than the requirements
in this Order.
This Order is a temporary eviction moratorium to prevent the
further spread of COVID-19. This Order does not relieve any individual
of any obligation to pay rent, make a housing payment, or comply with
any other obligation that the individual may have under a tenancy,
lease, or similar contract. Nothing in this Order precludes the
charging or collecting of fees, penalties, or interest as a result of
the failure to pay rent or other housing payment on a timely basis,
under the terms of any applicable contract.
Nothing in this Order precludes evictions based on a tenant,
lessee, or resident: (1) Engaging in criminal activity while on the
premises; (2) threatening the health or safety of other residents; \53\
(3) damaging or posing an immediate and significant risk of damage to
property; (4) violating any applicable building code, health ordinance,
or similar regulation relating to health and safety; or (5) violating
any other contractual obligation, other than the timely payment of rent
or similar housing-related payment (including non-payment or late
payment of fees, penalties, or interest).
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\53\ Individuals who might have COVID-19 are advised to stay
home except to get medical care. Accordingly, individuals who might
have COVID-19 and take reasonable precautions to not spread the
disease should not be evicted on the ground that they may pose a
health or safety threat to other residents. See What to Do if You
are Sick, Centers for Disease Control and Prevention, <a href="https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/steps-when-sick.html">https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/steps-when-sick.html</a> (last updated Mar. 17, 2021).
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Any evictions for nonpayment of rent initiated prior to issuance of
this Order but not yet completed, are subject to this Order. Any
tenant, lessee, or resident of a residential property who previously
submitted a Declaration, still qualifies as a ``Covered Person'' and is
still present in a rental unit is entitled to protections under this
Order. Any eviction that was completed before issuance of this Order
including from August 1 through August 3, 2021 is not subject to this
Order, as it does not operate retroactively.
Under this Order, covered persons may be evicted for engaging in
criminal activity while on the premises. But covered persons may not be
evicted on the sole basis that they are alleged to have committed the
crime of trespass (or similar state-law offense) where the underlying
activity is a covered person remaining in a residential property for
nonpayment of rent. Permitting such evictions would result in
substantially more evictions overall, thus increasing the risk of
disease transmission as otherwise covered persons move into congregate
settings or experience homelessness. This result would be contrary to
the stated objectives of this Order, and therefore would diminish their
effectiveness. Moreover, to the extent such criminal trespass laws are
invoked to establish criminal activity solely based on a tenant,
lessee, or resident of a residential property remaining in a
residential property despite the nonpayment of rent, such invocation
conflicts with this Order and is preempted pursuant to 42 U.S.C.
264(e).
Individuals who are confirmed to have, who have been exposed to, or
who might have COVID-19 and take reasonable precautions to not spread
the disease may not be evicted on grounds that they may pose a health
or safety threat to other residents.
This Order is in effect through October 3, 2021, based on the
current and projected epidemiological context of SARS-CoV-2
transmission throughout the United States. This timeframe will allow
the assessment of natural changes to COVID-19 incidence, the influences
of new variants, additional distribution of emergency rental assistance
funds, and the expansion of COVID-19 vaccine uptake.
Declaration Forms
To qualify for the protections of this Order, a tenant, lessee, or
resident of a residential property must provide a completed and signed
copy of a declaration with the elements listed in the definition of
``Covered person'' to their landlord, owner of the residential property
where they live, or other person who has a right to have them evicted
or removed from where they live. To assist tenants and landlords, the
CDC created a standardized declaration form that can be downloaded
here: <a href="https://www.cdc.gov/coronavirus/2019-ncov/downloads/declaration-form.pdf">https://www.cdc.gov/coronavirus/2019-ncov/downloads/declaration-form.pdf</a>.
Tenants, lessees, and residents of residential property are not
obligated to use the CDC form. Any written document that an eligible
tenant, lessee, or resident of residential property presents to their
landlord will comply with this Order, as long as it contains the
required elements of ``Covered person'' as described in this Order. In
[[Page 43251]]
addition, tenants, lessees, and residents of residential property are
allowed to declare in writing that they meet the elements of ``Covered
person'' in other languages.
All declarations, regardless of form used, must be signed, and must
include a statement that the tenant, lessee, or resident of a
residential property understands that they could be liable for perjury
for any false or misleading statements or omissions in the declaration.
This Order does not preclude a landlord challenging the truthfulness of
a tenant's, lessee's, or resident's declaration in court, as permitted
under state or local law.
In certain circumstances, such as individuals filing a joint tax
return, it may be appropriate for one member of the residence to
provide an executed declaration on behalf of the other adult residents
party to the lease, rental agreement, or housing contract. The
declaration may be signed and transmitted either electronically or by
hard copy.
As long as the information in a previously signed declaration
submitted under a previous order remains truthful and accurate, covered
persons do not need to submit a new declaration under this Order.
However, eligibility for protection will be based on the terms of this
Order.
Findings and Action
Determination
For the reasons described herein, I have determined based on the
information below that issuing a temporary halt in evictions in
counties experiencing substantial or high levels of COVID-19
transmission constitutes a reasonably necessary measure under 42 CFR
70.2 to prevent the further spread of COVID-19 throughout the United
States. I have further determined that measures by states, localities,
or territories that do not meet or exceed these minimum protections are
insufficient to prevent the interstate spread of COVID-19.
State and local jurisdictions continue to distribute emergency
rental assistance funds, provided by the Department of Treasury, that
will help avert a spate of evictions and thus mitigate corresponding
spikes in COVID-19 transmission. Trends have dramatically worsened
since June 2021 and transmission is rapidly accelerating in the United
States.\54\
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\54\ COVID Data Tracker, Centers for Disease Control and
Prevention, <a href="https://covid.cdc.gov/covid-data-tracker/#trends_dailytrendscases">https://covid.cdc.gov/covid-data-tracker/#trends_dailytrendscases</a> (last updated June 22, 2021).
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Congress has appropriated approximately $46 billion--of which
almost three-quarters is currently available to state and local
grantees--to help pay rent and rental arrears for tenants who may
otherwise be at high risk of eviction. According to estimates based on
the U.S. Census Household Pulse Survey, approximately 6.9 million
renter households were behind on their rent in late June. At that time,
about 4.6 million renter households were concerned that they could not
pay next month's rent. The successful delivery of those funds by states
and localities should greatly reduce the incidence of eviction that
would occur in the absence of that support. However, many states and
localities are still ramping up the collection and processing of
applications and the delivery of assistance and putting in place other
eviction prevention strategies. It was only in the beginning of June
that all state-run emergency rental assistance programs had opened for
applications. If the moratorium is not in place, a wave of evictions,
on the order of hundreds of thousands, could occur in late summer and
early fall, exacerbating the spread of COVID-19 among the significant
percentage of the population that remains unvaccinated. In
appropriating these emergency rental assistance funds, Congress
intended that the funding would work in concert with the eviction
moratorium, providing time for rental assistance to reach eligible
tenants and landlords to sustainably reduce the threat of an eviction
wave after an eviction moratorium was no longer in effect. While the
pace of assistance is continuing to increase, without additional time
for states and localities to deliver this needed relief and engage in
other efforts to prevent evictions, a surge of evictions would occur
upon the conclusion of the national moratorium. A surge in evictions
would lead to immediate movement, crowding, and increased stress on the
homeless service system. In combination with surging COVID-19 rates
across the country, and the overlapping factors described above, this
would create considerable risk for the rapid transmission of COVID-19
in high-risk settings.
Based on the convergence of these issues, I have determined that
issuing a new Order temporarily halting evictions is appropriate.
Accordingly, a landlord, owner of a residential property, or other
person with a legal right to pursue eviction or possessory action shall
not evict any covered person from any residential property in any
county or U.S. territory while COVID-19 transmission is substantial or
high and the relevant state, county, locality, or territory has
provided a level of public-health protections below the requirements
listed in this Order.
This Order is not a rule within the meaning of the Administrative
Procedure Act (APA) but rather an emergency action taken under the
existing authority of 42 CFR 70.2. The purpose of section 70.2, which
was promulgated through notice-and-comment rulemaking, is to enable CDC
to take swift steps to prevent contagion without having to seek a
second round of public comments and without a delay in effective
date.\55\
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\55\ Chambless Enters., LLC v. Redfield, No. 20-1455, 2020 WL
7588849 (W.D. La. 2020).
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Good Cause
In the event this Order qualifies as a rule under the APA, there is
good cause to dispense with prior public notice and comment and a delay
in effective date. See 5 U.S.C. 553(b)(B), (d)(3). Good cause exists,
in sum, because the public health emergency caused by the COVID-19
pandemic and the unpredictability of the trajectory of the pandemic
make it impracticable and contrary to the public health, and by
extension the public interest, to delay the issuance and effective date
of this Order.
I have determined that good cause exists because the public health
emergency caused by COVID-19 makes it impracticable and contrary to the
public health, and by extension the public interest, to delay the
issuance and effective date of the Order. A delay in the effective date
of the Order would permit the occurrence of evictions--potentially on a
mass scale--that would have potentially significant public health
consequences. I conclude that the delay in the effective date of the
Order would defeat the purpose of the Order and endanger the public
health and, therefore, determine that immediate action is necessary.
The rapidly changing nature of the pandemic requires not only that
CDC act swiftly, but also deftly to ensure that its actions are
commensurate with the threat. This necessarily involves assessing
evolving conditions that inform CDC's determinations. Despite promising
trends in the spring of 2021, the surge of cases spurred by the Delta
variant has confirmed that the fundamental public health threat--of the
risk of large numbers of residential evictions contributing to the
spread of COVID-19 throughout the United States--continues to exist.
Without this Order, there is every reason to expect that evictions will
increase dramatically
[[Page 43252]]
at a time when COVID-19 infections in the United States are increasing
sharply. It is imperative that public health authorities act quickly to
mitigate such an increase of evictions, which could increase the
likelihood of new spikes in SARS-CoV-2 transmission. Such mass
evictions and the attendant public health consequences would be very
difficult to reverse.
For all of these reasons, I hereby conclude that immediate action
is again necessary and that notice-and-comment rulemaking and a delay
in effective date would be impracticable and contrary to the public
interest.
Miscellaneous
Similarly, if this Order qualifies as a rule under the APA, the
Office of Information and Regulatory Affairs (OIRA) has determined that
it would be an economically significant regulatory action pursuant to
Executive Order 12866 and a major rule under Subtitle E of the Small
Business Regulatory Enforcement Fairness Act of 1996 (the Congressional
Review Act or CRA), 5 U.S.C. 804(2). Thus, this action has been
reviewed by OIRA. CDC has determined that for the same reasons given
above, there would be good cause under the CRA to make the requirements
herein effective immediately. 5 U.S.C. 808(2).
If any provision of this Order, or the application of any provision
to any persons, entities, or circumstances, shall be held invalid, the
remainder of the provisions, or the application of such provisions to
any persons, entities, or circumstances other than those to which it is
held invalid, shall remain valid and in effect.
This Order shall be enforced by federal authorities and cooperating
state and local authorities through the provisions of 18 U.S.C. 3559,
3571; 42 U.S.C. 243, 268, 271; and 42 CFR 70.18. However, this Order
has no effect on the contractual obligations of renters to pay rent and
shall not preclude charging or collecting fees, penalties, or interest
as a result of the failure to pay rent or other housing payment on a
timely basis, under the terms of any applicable contract.
Criminal Penalties
Under 18 U.S.C. 3559, 3571; 42 U.S.C. 271; and 42 CFR 70.18, a
person violating this Order may be subject to a fine of no more than
$100,000 or one year in jail, or both, if the violation does not result
in a death, or a fine of no more than $250,000 or one year in jail, or
both if the violation results in a death, or as otherwise provided by
law. An organization violating this Order may be subject to a fine of
no more than $200,000 per event if the violation does not result in a
death or $500,000 per event if the violation results in a death or as
otherwise provided by law. The U.S. Department of Justice may initiate
criminal proceedings as appropriate seeking imposition of these
criminal penalties.
Notice to Cooperating State and Local Officials
Under 42 U.S.C. 243, the U.S. Department of Health and Human
Services is authorized to cooperate with and aid state and local
authorities in the enforcement of their quarantine and other health
regulations and to accept state and local assistance in the enforcement
of Federal quarantine rules and regulations, including in the
enforcement of this Order.
Notice of Available Federal Resources
While this Order to prevent eviction is effectuated to protect the
public health, the states and units of local government are reminded
that the Federal Government has deployed unprecedented resources to
address the pandemic, including housing assistance.
The Department of Housing and Urban Development (HUD), the
Department of Agriculture, and the Department of the Treasury have
informed CDC that unprecedented emergency resources have been
appropriated through various Federal agencies that assist renters and
landlords during the pandemic, including $46.55 billion to the Treasury
through the Consolidated Appropriations Act of 2021 and the American
Rescue Plan (ARP). Furthermore, in 2020 44 states and 310 local
jurisdictions allocated about $3.9 billion toward emergency rental
assistance, largely from funds appropriated to HUD from the Coronavirus
Aid, Relief, and Economic Security (CARES).\56\ These three rounds of
federal appropriations also provided substantial resources for homeless
services, homeowner assistance, and supplemental stimulus and
unemployment benefits that low-income renters used to pay rent.
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\56\ Vincent Reina et al, COVID-19 Emergency Rental Assistance:
Analysis of a National Survey of Programs, Research Brief, <a href="https://nlihc.org/sites/default/files/HIP_NLIHC_Furman_Brief_FINAL.pdf">https://nlihc.org/sites/default/files/HIP_NLIHC_Furman_Brief_FINAL.pdf</a> (last
visited Mar. 26, 2021).
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Visit <a href="https://covid.cdc.gov/covid-data-tracker/#county-view">https://covid.cdc.gov/covid-data-tracker/#county-view</a> for an
integrated, county view of levels of community transmission for
monitoring the COVID-19 pandemic in the United States. Visit <a href="https://home.treasury.gov/policy-issues/cares/state-and-local-governments">https://home.treasury.gov/policy-issues/cares/state-and-local-governments</a> for
more information about the Coronavirus Relief Fund and <a href="https://home.treasury.gov/policy-issues/cares/emergency-rental-assistance-program">https://home.treasury.gov/policy-issues/cares/emergency-rental-assistance-program</a> for more information about the Emergency Rental Assistance
Program. Visit <a href="http://www.consumerfinance.gov/renthelp">www.consumerfinance.gov/renthelp</a> to access the Rental
Assistance Finder that connects renters and landlords with the state
and local programs that are distributing billions of dollars in federal
assistance. Relevant agencies have informed CDC that forbearance
policies for mortgages backed by the federal government provide many
landlords, especially smaller landlords, with temporary relief as new
emergency rental assistance programs are deployed.
Treasury, HUD, and USDA grantees and program participants play a
critical role in prioritizing efforts to support this goal. All
communities should assess what resources have already been allocated to
prevent evictions and homelessness through temporary rental assistance
and homelessness prevention, particularly to the most vulnerable
households.
Treasury, HUD, and USDA stand at the ready to support American
communities in taking these steps to reduce the spread of COVID-19 and
maintain economic prosperity.
For program support, including technical assistance, please visit
<a href="http://www.hudexchange.info/program-support">www.hudexchange.info/program-support</a>. For further information on HUD
resources, tools, and guidance available to respond to the COVID-19
pandemic, state and local officials are directed to visit <a href="https://www.hud.gov/coronavirus">https://www.hud.gov/coronavirus</a>. These tools include toolkits for Public
Housing Authorities and Housing Choice Voucher landlords related to
housing stability and eviction prevention, as well as similar guidance
for owners and renters in HUD-assisted multifamily properties.
Furthermore, tenants can visit <a href="http://consumerfinance.gov/housing">consumerfinance.gov/housing</a> for up-to-
date information on rent relief options, protections, and key
deadlines.
Effective Date
This Order is effective on August 3, 2021 and will remain in effect
through October 3, 2021, subject to revision based on the changing
public health landscape.
Authority: The authority for this Order is Section 361 of the
Public Health Service Act (42 U.S.C. 264) and 42 CFR 70.2.
Sherri Berger,
Chief of Staff, Centers for Disease Control and Prevention.
[FR Doc. 2021-16945 Filed 8-4-21; 2:00 pm]
BILLING CODE 4163-18-P
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</html>Indexed from Federal Register on August 6, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.