Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 To Prevent the Further Spread of COVID-19 (notice,…
Summary
A notice of the Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services (HHS), printed in the Federal Register of Friday, August 6, 2021 (Vol. 86, No. 149). It announces a new Order under Section 361 of the Public Health Service Act temporarily halting residential evictions for persons in counties or U.S. territories experiencing substantial or high rates of transmission of COVID–19. The Order describes its scope as more limited than prior orders. The notice states that the prior order expired on July 31, 2021, and that the new Order runs through October 3, 2021. It states that a person violating the 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.
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“Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 To Prevent the Further Spread of COVID-19 (notice,….”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/temporary-halt-in-residential-evictions-in-communities-with-substantia-78798d404e/
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43244 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices
employing user-friendly, easily completeness of data needed to generate Services (HHS), the White House,
accessible web-based instruments to required reports, enter basic summary Congress, and other sources.
collect necessary information for both data for reports annually, and finalize Information to be collected will also
progress reports and continuation and save required reports for upload strengthen CDC’s ability to monitor
applications including work plans. This into other reporting systems as required. awardee progress, provide data-driven
approach enables recipients to save Information to be collected will technical assistance, and disseminate
pertinent information from one provide crucial data for program the most current surveillance data on
reporting period to the next and reduces performance monitoring and provide suicide and suicide attempts. CDC
the administrative burden on the annual CDC with the capacity to respond in a requests approval for an estimated 132
continuation application and the timely manner to requests for annual burden hours. There is no cost
performance monitoring process. information about the program from the to respondents other than their time to
Awardee program staff can review the Department of Health and Human participate.
ESTIMATED ANNUALIZED BURDEN HOURS
Average
Number of
Number of burden per Total burden
Type of respondents Form name responses per
respondents response (in hours)
respondent (in hours)
CSP Program Recipients .................. Annual Progress Report ................... 11 1 12 132
Total ........................................... ........................................................... ........................ ........................ ........................ 132
Jeffrey M. Zirger, Background areas of the country where cases are
Lead, Information Collection Review Office, On September 4, 2020, the CDC rapidly increasing, which likely would
Office of Scientific Integrity, Office of Science, be exacerbated by mass evictions.
Director issued an Order temporarily
Centers for Disease Control and Prevention.
halting evictions in the United States for Accordingly, subject to the limitations
[FR Doc. 2021–16824 Filed 8–5–21; 8:45 am]
the reasons described therein. That listed in the new Order, a landlord,
BILLING CODE 4163–18–P Order was set to expire on December 31, owner of a residential property, or 2
2020, subject to further extension, person with a legal right to pursue
modification, or rescission. Section 502 eviction or possessory action, shall not
DEPARTMENT OF HEALTH AND of Title V, Division N of the
HUMAN SERVICES evict any covered person from any
Consolidated Appropriations Act, 2021 residential property in any county or
Centers for Disease Control and extended the Order until January 31, U.S. territory while the county or
Prevention 2021, and approved the Order as an
territory is experiencing substantial or
exercise of the CDC’s authority under
high levels of community transmission
Temporary Halt in Residential Section 361 of the Public Health Service
levels of SARS–CoV–2. This Order will
Evictions in Communities With Act (42 U.S.C. 264). With the extension
of the Order, Congress also provided expire on October 3, 2021, but is subject
Substantial or High Transmission of
$25 billion for emergency rental to further extension, modification, or
COVID–19 To Prevent the Further
assistance for the payment of rent and rescission based on public health
Spread of COVID–19
rental arrears. Congress later provided circumstances.3
AGENCY: Centers for Disease Control and an additional $21.55 billion in A copy of the Order is provided
Prevention (CDC), Department of Health emergency rental assistance when it below. A copy of the signed Order and
and Human Services (HHS). passed the American Rescue Plan. The Declaration form can be found at
ACTION: Agency Order. Order was extended multiple times due https://www.cdc.gov/coronavirus/2019-
to the changing public health landscape ncov/covid-eviction-declaration.html.
SUMMARY: The Centers for Disease
and expired on July 31, 2021 after what
Control and Prevention (CDC), located
was intended to be the final extension.1
within the Department of Health and
Absent an unexpected change in the
Human Services (HHS) announces a
trajectory of the pandemic, CDC did not
new Order under Section 361 of the
plan to extend the Order further.
Public Health Service Act to temporarily Following the recent surge in cases
halt residential evictions in brought forth by the highly
communities with substantial or high transmissible Delta variant, the CDC
transmission of COVID–19 to prevent Director now issues a new Order
the further spread of COVID–19. temporarily halting evictions for
DATES: This Order is effective August 3, persons in counties or U.S. territories
2021 through October 3, 2021. experiencing substantial or high rates of
FOR FURTHER INFORMATION CONTACT: transmission, for the reasons described
Tiffany Brown, Deputy Chief of Staff, herein. It is more limited in scope than
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Centers for Disease Control and prior orders, intended to target specific 2 For purposes of this Order, ‘‘person’’ includes
Prevention, 1600 Clifton Road NE, MS corporations, companies, associations, firms,
H21–10, Atlanta, GA 30329. Phone: 1 The CDC Director renewed the Order until
partnerships, societies, and joint stock companies,
as well as individuals.
404–639–7000. Email: cdcregulations@ March 31, 2021. On March 28, 2021, the CDC
3 To the extent any provision of this Order
cdc.gov. Director modified and extended the Order until
June 30, 2021. On June 24, 2021 the CDC Director conflicts with prior Orders, this Order is
SUPPLEMENTARY INFORMATION: extended the Order until July 31, 2021. controlling, as this is a new order.
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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices 43245
Centers for Disease Control and property who provides to their landlord, (3) The individual is unable to pay the
Prevention, Department of Health and the owner of the residential property, or full rent or make a full housing payment
Human Services other person with a legal right to pursue due to substantial loss of household
Order Under Section 361 of the Public eviction or a possessory action,6 a income, loss of compensable hours of
Health Service Act (42 U.S.C. 264) and declaration 7 under penalty of perjury work or wages, a lay-off, or
42 Code of Federal Regulations 70.2 indicating that: extraordinary 11 out-of-pocket medical
(1) The individual has used best expenses;
Temporary Halt in Residential efforts to obtain all available (4) The individual is using best efforts
Evictions in Communities With governmental assistance for rent or to make timely partial rent payments
Substantial or High Levels of housing; that are as close to the full rent payment
Community Transmission of COVID–19 (2) The individual either (i) earned no as the individual’s circumstances may
To Prevent the Further Spread of more than $99,000 (or $198,000 if filing permit, taking into account other
COVID–19 jointly) in Calendar Year 2020 or nondiscretionary expenses;
Summary expects to earn no more than $99,000 in (5) Eviction would likely render the
annual income for Calendar Year 2021 individual homeless—or force the
The U.S. Centers for Disease and individual to move into and reside in
(or no more than $198,000 if filing a
Control (CDC) is issuing a new order close quarters in a new congregate or
joint tax return),8 (ii) was not required
temporarily halting evictions in shared living setting—because the
to report any income in 2020 to the U.S.
counties with heightened levels of individual has no other available
Internal Revenue Service, or (iii)
community transmission in order to housing options; and
received an Economic Impact Payment
respond to recent, unexpected (6) The individual resides in a U.S.
(stimulus check).9 10
developments in the trajectory of the county experiencing substantial 12 or
COVID–19 pandemic, including the rise 2017;62:362–377. doi:10.1016/ high 13 rates of community transmission
of the Delta variant. It is intended to j.ssresearch.2016.08.017, (identifying job loss as a levels of SARS–CoV–2 as defined by
target specific areas of the country possible predictor of eviction because renters who CDC.
where cases are rapidly increasing, lose their jobs experience not only a sudden loss of
income but also the loss of predictable future
‘‘Evict’’ and ‘‘Eviction’’ means any
which likely would be exacerbated by income). According to one survey, over one quarter action by a landlord, owner of a
mass evictions. Accordingly, subject to (26%) of respondents also identified job loss as the residential property, or other person
the limitations under ‘‘Applicability,’’ a primary cause of homelessness. See 2019 San with a legal right to pursue eviction or
landlord, owner of a residential Francisco Homeless Count & Survey
Comprehensive Report, Applied Survey Research,
possessory action, to remove or cause
property, or other person 4 with a legal at 22, https://hsh.sfgov.org/wp-content/uploads/ the removal of a covered person from a
right to pursue eviction or possessory 2020/01/2019HIRDReport_SanFrancisco_
action, shall not evict any covered FinalDraft-1.pdf. (last viewed Mar. 24, 2021). 10 A person is likely to qualify for protection
person from any residential property in 6 As used throughout this Order, this would under this Order if they receive the following
any county or U.S. territory while the include, without limitation, an agent or attorney benefits: (a) Temporary Assistance for Needy
acting on behalf of the landlord or the owner of the Families (TANF); (b) Supplemental Nutrition
county or territory is experiencing residential property. Assistance Program (SNAP); (c) Supplemental
substantial or high levels of community 7 A person who previously filed a declaration Security Income (SSI); or (d) Social Security
transmission of SARS–CoV–2. under prior CDC eviction moratoria issued on Disability Insurance (SSDI) to the extent that
September 4, 2020, January 29, 2021, March 28, income limits for these programs are less than or
Definitions 2021, or June 24, 2021 may be eligible for protection equal to the income limits for this Order. However,
under this Order and does not need to file a new it is the individual’s responsibility to verify that
‘‘Available government assistance’’ declaration, if they live in a county experiencing their income is within the income limits described.
means any governmental rental or substantial or high rates of transmission of 11 Extraordinary expenses are defined as those
housing payment benefits available to community levels of SARS–CoV–2 and meet the that prevented you from paying some or all of your
the individual or any household definition of a covered person under this Order. rent or providing for other basic necessities like
8 According to one study, the national two- food security. To qualify as an extraordinary
member. medical expense, the unreimbursed medical
bedroom housing wage in 2020 was $23.96 per hour
‘‘Available housing’’ means any (approximately, $49,837 annually), meaning that an expense is one that is likely to exceed 7.5% of one’s
available, unoccupied residential hourly wage of $23.96 was needed to afford a adjusted gross income for the year.
property, or other space for occupancy modest two-bedroom house without spending more 12 Counties experiencing substantial transmission
in any seasonal or temporary housing, than 30% of one’s income on rent. The hourly wage levels are experiencing (1) 50.99–99.99 new cases
needed in Hawaii (the highest cost U.S. State for in the county in the past 7 days divided by the
that would not violate federal, state, or rent) was $38.76 (approximately $80,621 annually). population in the county multiplied by 100,000;
local occupancy standards and that See Out of Reach: How Much do you Need to Earn and (2) 8.00–9.99% positive nucleic acid
would not result in an overall increase to Afford a Modest Apartment in Your State?, amplification tests in the past 7 days (number of
of housing cost to such individual. National Low Income Housing Coalition, https:// positive tests in the county during the past 7 days
‘‘Covered person’’ 5 means any tenant, reports.nlihc.org/oor (last visited Mar. 23, 2021). As divided by the total number of tests performed in
further explained herein, because this Order is the county during the past 7 days). Christie A,
lessee, or resident of a residential intended to serve the critical public health goal of Brooks JT, Hicks LA, et al. Guidance for
preventing evicted individuals from potentially Implementing COVID–19 Prevention Strategies in
4 For purposes of this Order, ‘‘person’’ includes contributing to the interstate spread of COVID–19 the Context of Varying Community Transmission
corporations, companies, associations, firms, through movement into close quarters in new Levels and Vaccination Coverage. MMWR Morb
partnerships, societies, and joint stock companies, congregate, shared housing settings, or through Mortal Wkly Rep 2021;70:1044–1047. DOI: http://
as well as individuals. homelessness, the higher income thresholds listed dx.doi.org/10.15585/mmwr.mm7030e2. See
5 This definition is based on factors that are here have been determined to better serve this goal. COVID–19 Integrated County View, Centers for
known to contribute to evictions and thus increase 9 ‘‘Stimulus check’’ includes payments made Disease Control and Prevention; https://
the need for individuals to move into close quarters pursuant to Section 2201 of the CARES Act, to covid.cdc.gov/covid-data-tracker/#county-view (last
in new congregate or shared living arrangements or Section 9601 of the American Rescue Plan Act of updated August 1, 2021).
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experience homelessness. Individuals who suffer 2021, or to any similar federally authorized 13 Id. (defining high transmission levels as (1)
job loss, have limited financial resources, are low payments made to individual natural persons in ≥100 new cases in the county in the past 7 days
income, or have high out-of-pocket medical 2020 and 2021. Eligibility for the 2020 or 2021 divided by the population in the county multiplied
expenses are more likely to be evicted for stimulus checks has been based on an income that by 100,000; and (2) ≥10.00% positive nucleic acid
nonpayment of rent than others not experiencing is equal to or lower than the income thresholds amplification tests in the past 7 days (number of
these factors. See Desmond, M., Gershenson, C., described above and does not change or expand positive tests in the county during the past 7 days
Who gets evicted? Assessing individual, who is a covered person under this Order since it divided by the total number of tests performed in
neighborhood, and network factors, Soc Sci Res. was entered into on September 4, 2020. the county during the past 7 days)).
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43246 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices
residential property. This definition also 610,000 deaths have been attributed to Currently, the Delta variant is the
does not prohibit foreclosure on a home the disease.16 A renewed surge in cases predominant SARS–CoV–2 strain
mortgage. in the United States began in early July circulating in the United States,
‘‘Residential property’’ means any 2021; case counts rose from 19,000 cases estimated to account for over 82% of
property leased for residential purposes, on July 1, 2021 to 103,000 cases on July cases as of July 17, 2021.23 The Delta
including any house, building, mobile 30, 2021. Forecasted case counts predict variant has demonstrated increased
home or land in a mobile home park,14 that cases will continue to rise over the levels of transmissibility compared to
or similar dwelling leased for residential next four weeks.17 other variants.24 Furthermore, early
purposes, but shall not include any The virus that causes COVID–19 evidence suggests that people who are
hotel, motel, or other guest house rented spreads very easily and sustainably vaccinated and become infected with
to a temporary guest or seasonal tenant between people, particularly those who the Delta variant may transmit the virus
as defined under the laws of the state, are in close contact with one another to others.25
territorial, tribal, or local jurisdiction. (within about 6 feet, but occasionally Transmission of the Delta variant has
‘‘State’’ shall have the same definition over longer distances), mainly through led to accelerated community
as under 42 CFR 70.1, meaning ‘‘any of respiratory droplets produced when an transmission in the United States. CDC
the 50 states, plus the District of infected person coughs, sneezes, or recommends assessing the level of
Columbia.’’ talks. Individuals without symptoms community transmission using, at a
‘‘U.S. territory’’ shall have the same can also spread the virus.18 Among minimum, two metrics: new COVID–19
definition as under 42 CFR 70.1, adults, the risk for severe illness from cases per 100,000 persons in the last 7
meaning ‘‘any territory (also known as COVID–19 increases with age, with days and percentage of positive SARS–
possessions) of the United States, older adults at highest risk. Severe CoV–2 diagnostic nucleic acid
including American Samoa, Guam, the illness means that persons with COVID– amplification tests in the last 7 days. For
Northern Mariana Islands, the 19 may require hospitalization, each of these metrics, CDC classifies
Commonwealth of Puerto Rico, and the intensive care, or a ventilator to help transmission values as low, moderate,
U.S. Virgin Islands.’’ them breathe, and may be fatal. People substantial, or high. As of August 1,
of any age with certain underlying 2021, over 80% of the U.S. counties
Statement of Intent were classified as experiencing
medical conditions (e.g., cancer, obesity,
This Order shall be interpreted and serious heart conditions, or diabetes) are substantial or high levels of community
implemented in a manner as to achieve at increased risk for severe illness from transmission.26 In areas of substantial or
the following objectives: COVID–19.19 high transmission, CDC recommends
• Mitigating the spread of COVID–19 New variants of SARS–CoV–2 have community leaders encourage
within crowded, congregate or shared emerged globally,20 several of which vaccination and universal masking in
living settings, or through unsheltered have been identified as variants of indoor public spaces in addition to
homelessness; concern,21 including the Alpha, Beta, other layered prevention strategies to
• Mitigating the further spread of Gamma, and Delta variants. These prevent further spread.
COVID–19 from one state or territory variants of concern have evidence of an COVID–19 vaccines are now widely
into any other state or territory; increase in transmissibility, which may available in the United States, and
• Mitigating the further spread of lead to higher incidence.22 vaccination is recommended for all
COVID–19 by temporarily suspending people 12 years of age and older. Three
the eviction of covered persons from 16 COVID Data Tracker, Centers for Disease COVID–19 vaccines are currently
residential property for nonpayment of Control and Prevention, https://covid.cdc.gov/ authorized by the U.S. Food and Drug
rent; and covid-data-tracker/#datatracker-home (last updated Administration (FDA) for emergency
• Supporting response efforts to August 1, 2021).
use: Two mRNA vaccines and one viral
17 United States Forecasting, Centers for Disease
COVID–19 at the federal, state, local, Control and Prevention, https://covid.cdc.gov/ vector vaccine, each of which has been
territorial, and tribal levels. covid-data-tracker/#forecasting_weeklycases determined to be safe and effective
Background (updated July 28, 2021) (citing data an estimated against COVID–19. As of July 28, 2021,
608,569 weekly COVID–19 cases by early over 163 million people in the United
COVID–19 in the United States September 2021).
18 Kimball A., Hatfield K.M., Arons M., et al. States (57.6% of the population 12 years
Since January 2020, the respiratory Asymptomatic and Presymptomatic SARS–CoV–2 or older) have been fully vaccinated and
disease known as ‘‘COVID–19,’’ caused Infections in Residents of a Long-Term Care Skilled
Nursing Facility—King County, Washington, March outbreak associated with a gymnastics facility and
by a novel coronavirus (SARS–COV–2), 2020. MMWR Morb Mortal Wkly Rep 2020;69:377– finding that the Delta variant is highly transmissible
has spread globally, including cases 381. DOI: http://dx.doi.org/10.15585/ in indoor sports settings and households, which
reported in all fifty states within the mmwr.mm6913e1. might lead to increased incidence rates).
United States, plus the District of 19 Razzaghi H., Wang Y., Lu H., et al. Estimated 23 Variant Proportions, Centers for Disease
Columbia and U.S. territories. As of County-Level Prevalence of Selected Underlying Control and Prevention, https://covid.cdc.gov/
Medical Conditions Associated with Increased Risk covid-data-tracker/#variant-proportions (citing data
August 3, 2021, there have been almost for Severe COVID–19 Illness—United States, 2018. for the two-week interval ending July 17, 2021).
200 million cases of COVID–19 globally, MMWR Morb Mortal Wkly Rep 2020;69:945–950. 24 About Variants of the Virus that Causes
resulting in over 4,240,000 deaths.15 DOI: http://dx.doi.org/10.15585/mmwr.mm6929a1. COVID–19, Centers for Disease Control and
20 Abdool Karim S.S., de Oliveira T. New SARS–
Almost 35,000,000 cases have been Prevention, https://www.cdc.gov/coronavirus/2019-
CoV–2 Variants—Clinical, Public Health, and ncov/variants/variant.html (last updated June 28,
identified in the United States, with Vaccine Implications [published online ahead of 2021).
new cases reported daily, and almost print, 2021 Mar 24]. N Engl J Med. 2021;10.1056/ 25 Riemersma et al. Vaccinated and unvaccinated
NEJMc2100362. doi:10.1056/NEJMc2100362. individuals have similar viral loads in communities
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14 Mobile home parks may also be referred to as 21 Id. with a high prevalence of the SARS–CoV–2 Delta
manufactured housing communities. 22 Dougherty K., Mannell M., Naqvi O., Matson variant. Pre-print. Available at https://
15 COVID–19 Dashboard by the Center for D., Stone J. SARS–CoV–2 B.1.617.2 (Delta) Variant www.medrxiv.org/content/10.1101/
Systems Science and Engineering (CSSE) at Johns COVID–19 Outbreak Associated with a Gymnastics 2021.07.31.21261387v1.
Hopkins University (JHU), Johns Hopkins Facility—Oklahoma, April–May 2021. MMWR 26 COVID–19 Integrated County View, Centers for
Coronavirus Resource Center, https:// Morb Mortal Wkly Rep 2021;70:1004–1007. DOI: Disease Control and Prevention, https://
coronavirus.jhu.edu/map.html (last updated August http://dx.doi.org/10.15585/mmwr.mm7028e2 covid.cdc.gov/covid-data-tracker/#county-view (last
3, 2021). (describing a B.1.617.2 (Delta) Variant COVID–19 updated July 28, 2021).
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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices 43247
over 189 million people in the United provided funding streams for emergency extension.34 Absent an unexpected
States (66.8% of the population 12 years rental assistance; surveys estimate that change in the trajectory of the
or older) have received at least one this assistance became available to the pandemic, CDC did not plan to extend
dose.27 Changes in vaccine uptake and public through rental assistance the Order further.
the extreme transmissibility of the Delta programs by July 2020.31 Following the recent surge in cases
variant have resulted in rising numbers The Federal moratorium provided by brought forth by the highly
of COVID–19 cases, primarily and the CARES Act, however, did not reach transmissible Delta variant, the CDC
disproportionately affecting the all renters. Many renters who fell Director now issues a new Order
unvaccinated population. outside the scope of the Federal temporarily halting evictions for
The COVID–19 vaccination effort has moratorium were instead protected persons in counties experiencing
a slower rate of penetration among the under state and local moratoria. In early substantial or high rates of transmission,
populations most likely to experience March 2021, the Census Household for the reasons described herein. This
eviction.28 29 In combination with the Pulse Survey estimated that 6.4 million Order will expire on October 3, 2021,
continued underlying COVID–19 households were behind on rent and but is subject to further extension,
spread, and the overlapping factors just under half fear imminent eviction.32 modification, or rescission based on
described above, this creates In 2016, research showed that there public health circumstances.
considerable risk for rapid transmission were 3.6 million eviction filings and 1.5 Researchers estimate that, in 2020,
of COVID–19 in high-risk settings. million eviction judgments over the Federal, state, and local eviction
In the context of a pandemic, eviction span of a whole year,33 meaning that the moratoria led to over 1.5 million fewer
moratoria—like quarantine, isolation, pandemic would cause a wave of evictions filings than the previous
and social distancing—can be an evictions on a scale that would be year.35 Additional research shows that,
effective public health measure utilized unprecedented in modern times. A large despite the CDC eviction moratorium
to prevent the spread of communicable portion of those who are evicted may leading to an estimated 50% decrease in
disease. Eviction moratoria facilitate move into close quarters in shared eviction filings compared to the
self-isolation and self-quarantine by housing or, as discussed below, become historical average,36 there have still
people who become ill or who are at homeless, thus becoming at higher risk been over 450,000 eviction filings
risk of transmitting COVID–19. of COVID–19. during the pandemic just within
Congress passed the Coronavirus Aid, approximately 31 cities and six states
On September 4, 2020, the CDC
Relief, and Economic Security (CARES) with more readily available data. This
Director issued an Order temporarily
Act (Pub. L. 116–136) to aid individuals data covers approximately 1 in 4 renter
halting evictions in the United States for
and businesses adversely affected by households in the country, suggesting
the reasons described therein. That
COVID–19 in March 2020. Section 4024 high demand and likelihood of mass
Order was set to expire on December 31,
of the CARES Act provided a 120-day evictions nationwide.37
2020, subject to further extension,
moratorium on eviction filings as well
modification, or rescission. Section 502 Eviction, Crowding, and Interstate
as other protections for tenants in
of Title V, Division N of the Transmission of COVID–19
certain rental properties with federal
Consolidated Appropriations Act, 2021 By February 10, 2021, the U.S.
assistance or federally related mortgage
extended the Order until January 31, Department of the Treasury had paid all
financing. These protections helped
2021, and approved the Order as an of the $25 billion made available by the
alleviate the public health consequences
exercise of the CDC’s authority under Consolidated Appropriations Act, 2021
of tenant displacement during the
Section 361 of the Public Health Service to states, territories, localities and tribes
COVID–19 pandemic. The CARES Act
Act (42 U.S.C. 264). With the extension for the purpose of providing emergency
eviction moratorium expired on July 24,
of the Order, Congress also provided rental assistance to eligible households
2020. The protections in the CARES Act
$25 billion for emergency rental in their jurisdictions. Additionally, as
supplemented temporary eviction
assistance for the payment of rent and directed in the Act, Treasury has also
moratoria and rent freezes implemented
rental arrears. Congress later provided made available 40 percent—more than
by governors and other local officials
an additional $21.55 billion in $8.6 billion—of the additional funding
using emergency powers.
Researchers estimated that this emergency rental assistance when it to states, territories and localities for
temporary federal moratorium provided passed the American Rescue Plan Act of emergency rental assistance provided in
relief to over one-quarter a material 2021. The Order was extended multiple the American Rescue Plan Act of 2021.
portion of the nation’s roughly 43 times due to the changing public health While some emergency rental assistance
million renters.30 The CARES act also landscape and expired on July 31, 2021 programs were slow to open, every State
after what was intended to be the final program had opened by early June.
27 COVID–19 Vaccinations in the United States,
Based on data collected from grantees,
Centers for Disease Control and Prevention, https:// eviction-moratorium-covers-all-federally-financed- Treasury reports that over 85,000 renter
covid.cdc.gov/covid-data-tracker/#vaccinations rentals-thats-one-four-us-rental-units.
(last updated July 28, 2021). 31 Vincent Reina et al, COVID–19 Emergency
households received rental and utility
28 Barry V., Dasgupta S., Weller D.L., et al. Rental Assistance: Analysis of a National Survey of
34 The CDC Director renewed the Order until
Patterns in COVID–19 Vaccination Coverage, by Programs, Research Brief, https://nlihc.org/sites/
Social Vulnerability and Urbanicity—United States, default/files/HIP_NLIHC_Furman_Brief_FINAL.pdf March 31, 2021. On March 28, 2021, the CDC
December 14, 2020–May 1, 2021. MMWR Morb (last visited Mar. 26, 2021). Director modified and extended the Order until
Mortal Wkly Rep 2021;70:818–824. DOI: http:// 32 Census Household Pulse Survey: Key Phase 3 June 30, 2021. On June 24, 2021 the CDC Director
dx.doi.org/10.15585/mmwr.mm7022e1. Housing Payment Findings. Office of Policy extended the Order until July 31, 2021.
29 Centers for Disease Control and Prevention. 35 Hepburn P., Louis R., Fish J., et al. U.S.
Development and Research, HUDUser (April 26,
Eviction Filing Patterns in 2020. Socius. January
jbell on DSKJLSW7X2PROD with NOTICES
COVID–19 Vaccination Equity. Accessed 8/3/21. 2021). https://www.huduser.gov/portal/pdredge/
Available at: https://covid.cdc.gov/covid-data- pdr-edge-trending-042621.html. 2021. doi:10.1177/23780231211009983.
tracker/#vaccination-equity. 33 Ashley Gromis. Eviction: Intersection of 36 Peter Hepburn and Renee Louis. Preliminary
30 Laurie Goodman, Karan Kaul, and Michael Poverty, Inequality, and Housing. Eviction Lab, Analysis: Six Months of the CDC Eviction
Neal. The CARES Act Eviction Moratorium Covers Princeton University (May 2019). https:// Moratorium (March 8, 2021). https://
All Federally Financed Rentals—That’s One in Four www.un.org/development/desa/dspd/wp-content/ evictionlab.org/six-months-cdc/.
US Rental Units. The Urban Institute. April 2, 2020. uploads/sites/22/2019/05/GROMIS_Ashley_ 37 Eviction Lab. Accessed 8/2/21. Available at:
https://www.urban.org/urban-wire/cares-act- Paper.pdf. https://evictionlab.org/eviction-tracking/.
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43248 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices
assistance to support their housing pregnant women in New York City where no evictions occurred, the models
stability by the end of March and this showed that women in large households also predicted a 4%–40% increased risk
number increased to more than 100,000 (greater number of residents per of infection, even for those who did not
in April, more than 156,000 in May and household) were three times as likely to share housing, as a result of increased
over 290,000 in June. Though test positive for SARS–CoV–2 than overall transmission. The authors
emergency rental assistance has clearly those in smaller households, and those estimated that anywhere from 1,000 to
started to reach increasing numbers of in neighborhoods with greater 100,000 excess cases per million
families over recent months, state and household crowding (>1 resident per population could be attributable to
local agencies have hundreds of room) were twice as likely to test evictions depending on the eviction and
thousands of applications for assistance positive.40 Throughout the United infection rates.
that currently remain outstanding as States, counties with the highest An analysis of observational data from
programs accelerate their activity. The proportion of crowded households have state-based eviction moratoria in 43
level of assistance continued to increase experienced COVID–19 mortality rates states and the District of Columbia
in June, with nearly 300,000 households 2.6 times those of counties with the showed significant increases in COVID–
served. Based on analysis of grantee lowest proportion of crowded 19 incidence and mortality
reporting, Treasury believes that the households. approximately 2–3 months after eviction
monthly deployment of rental assistance Shared housing is not limited to moratoria were lifted.42 Specifically, the
by state and local emergency rental friends and family. It includes a broad authors compared the COVID–19
assistance programs will continue to range of settings, including transitional incidence and mortality rates in states
increase from the significant housing and domestic violence and that lifted their moratoria with the rates
deployment in June. In addition to abuse shelters. Special considerations in states that maintained their
Emergency Rental Assistance, there are exist for such housing because of the moratoria. In these models, the authors
coordinated efforts across Federal challenges of maintaining social accounted for time-varying indicators of
agencies to—in partnership with states distance. Residents often gather closely each state’s test count as well as major
and localities—promote eviction or use shared equipment, such as public-health interventions including
prevention strategies. kitchen appliances, laundry facilities, lifting stay-at-home orders, school
stairwells, and elevators. Residents may closures, and mask mandates. After
Recent data from the U.S. Census
have unique needs, such as disabilities, adjusting for these other changes, they
Household Pulse Survey demonstrates
chronic health conditions, cognitive found that the incidence of COVID–19
that just under half of households decline, or limited access to technology, in states that lifted their moratoria was
behind on rent believe that an eviction and thus may find it more difficult to 1.6 times that of states that did not at
is likely in the next two months.38 A take actions to protect themselves from 10 weeks post-lifting (95% CI 1.0, 2.3),
surge in evictions could lead to the COVID–19. CDC recommends that a ratio that grew to 2.1 at ≥16 weeks (CI
immediate and significant movement of shelters provide new residents with a 1.1, 3.9). Similarly, they found that
large numbers of persons from lower clean mask, keep them isolated from mortality in states that lifted their
density to higher density housing at a others, screen for symptoms at entry, or moratoria was 1.6 times that of states
time in the United States when the arrange for medical evaluations as that did not at 7 weeks post-lifting (CI
highly transmissible Delta variant is needed depending on symptoms. 1.2, 2.3), a ratio that grew to 5.4 at ≥16
driving COVID–19 cases at an Accordingly, an influx of new residents weeks (CI 3.1, 9.3). The authors
unprecedented rate. at facilities that offer support services estimated that, nationally, over 433,000
Evicted renters must move, which could potentially overwhelm staff and, cases of COVID–19 and over 10,000
leads to multiple outcomes that increase if recommendations are not followed, deaths could be attributed to lifting state
the risk of COVID–19 spread. lead to exposures. moratoria.43
Specifically, many evicted renters move Modeling studies and observational Although data are limited, available
into close quarters in shared housing or data from the pre-vaccine phase of the evidence suggests evictions lead to
other congregate settings. These moves COVID–19 pandemic comparing interstate spread of COVID–19 in two
may require crossing state borders. incidence between states that ways. First, an eviction may lead the
According to the 2017 Census Bureau implemented and lifted eviction evicted members of a household to
American Housing Survey, 32% of moratoria indicate that evictions move across state lines. Of the 35
renters reported that they would move substantially contribute to COVID–19 million people in America who move
in with friends or family members upon transmission. In mathematical models each year, 15% move to a new state.
eviction, which would introduce new where eviction led exclusively to Second, even if a particular eviction,
household members and potentially sharing housing with friends or family, standing alone, would not always result
increase household crowding. Studies lifting eviction moratoria led to a 30% in interstate displacement, the mass
show that COVID–19 transmission increased risk of contracting COVID–19
occurs readily within households. The among people who were evicted and CoV–2. Nat Commun. 2021 Apr 15;12(1):2274. doi:
secondary attack rate in households has those with whom they shared housing 10.1038/s41467–021–22521–5. PMID: 33859196;
PMCID: PMC8050248.
been estimated to be 17%, and after eviction.41 Compared to a scenario 42 Leifheit KM, Linton SL, Raifman J, Schwartz
household contacts are estimated to be GL, Benfer EA, Zimmerman FJ, Pollack CE. Expiring
6 times more likely to become infected doi: https://doi.org/10.1016/S1473-3099(20)30471- Eviction Moratoriums and COVID–19 Incidence and
0. Mortality. Am J Epidemiol. 2021 Jul 26:kwab196.
by an index case of COVID–19 than 40 Ukachi N. Emeruwa, et al. Associations doi: 10.1093/aje/kwab196. Epub ahead of print.
other close contacts.39 A study of Between Built Environment, Neighborhood PMID: 34309643.
jbell on DSKJLSW7X2PROD with NOTICES
Socioeconomic Status, and SARS–CoV–2 Infection 43 Leifheit, Kathryn M. and Linton, Sabriya L. and
38 Household Pulse Survey Interactive Tool. U.S. Among Pregnant Women in New York City. JAMA. Raifman, Julia and Schwartz, Gabriel and Benfer,
Census Bureau. https://www.census.gov/data-tools/ 2020;324(4):390–392. doi:10.1001/jama.2020.11370. Emily and Zimmerman, Frederick J and Pollack,
demo/hhp/#/ (last visited June 23, 2021). 41 Nande A, Sheen J, Walters EL, Klein B, Craig, Expiring Eviction Moratoriums and COVID–
39 Qin-Long Jing, et al. Household secondary Chinazzi M, Gheorghe AH, Adlam B, Shinnick J, 19 Incidence and Mortality (November 30, 2020).
attack rate of COVID–19 and associated Tejeda MF, Scarpino SV, Vespignani A, Greenlee Available at SSRN: https://ssrn.com/
determinants in Guangzhou, China: a retrospective AJ, Schneider D, Levy MZ, Hill AL. The effect of abstract=3739576 or http://dx.doi.org/10.2139/
cohort study. The Lancet. 2020 June 17; vol. 20.10; eviction moratoria on the transmission of SARS– ssrn.3739576.
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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices 43249
evictions that would occur in the homelessness directly to the general in place to detect early introduction or
absence of this Order would inevitably population are limited. However, during increases in spread of the virus, layered
increase the interstate spread of COVID– the 15-day period of the outbreak in prevention strategies might be removed
19. This Order cannot effectively Boston, MA, researchers estimated a one at a time while monitoring closely
mitigate interstate transmission of cumulative incidence of 46.3 cases of for any evidence that COVID–19 cases
COVID–19 without covering intrastate COVID–19 per 1000 persons are increasing. Decisions to add or
evictions (evictions occurring within the experiencing homelessness, as remove prevention strategies should be
boundaries of a state or territory), as the compared to 1.9 cases per 1000 among based on local data and public health
level of spread of SARS–CoV–2 Massachusetts adults (pre-print). recommendations. The emergence of
resulting from these evictions can lead Among other things, CDC guidance more transmissible SARS–CoV–2
to SARS–CoV–2 transmission across recommends increasing physical variants, including Delta, increases the
state borders. distance between beds in homeless urgency for public health agencies and
Moreover, intrastate spread facilitates shelters, which is likely to decrease other organizations to collaboratively
interstate spread in the context of capacity, while community monitor the status of the pandemic in
communicable disease spread, given the transmission of COVID–19 is occurring. their communities and continue to
nature of infectious disease. In the To adhere to this guidance, shelters apply layered prevention strategies.
aggregate, the mass-scale evictions that have limited the number of people
will likely occur in the absence of this served throughout the United States. In Persons at Higher Risk of Eviction May
Order in areas of substantial or high many places, considerably fewer beds Also Be at Higher Risk of Being
transmission will inevitably increase are available to individuals who become Unvaccinated
interstate spread of COVID–19. homeless. Shelters that do not adhere to Communities with high rates of
the guidance, and operate at ordinary or eviction have been shown to have lower
Eviction, Homelessness, and COVID–19 coverage of COVID–19 vaccination—a
increased occupancy, are at greater risk
Transmission focus for current vaccination campaigns.
for the types of outbreaks described
Evicted individuals without access to above. A study in the spring of 2021 showed
support or other assistance options may that counties with high social
become homeless, including older Application of COVID–19 Prevention vulnerability (i.e., social and structural
adults or those with underlying medical Strategies Based on Community factors associated with adverse health
conditions, who are more at risk for Transmission outcome inclusive of socioeconomic
severe illness from COVID–19 than the CDC recommends strengthening or indicators related to risk of eviction)
general population. In Seattle-King adding effective COVID–19 mitigation had lower levels of COVID–19
County, 5–15% of people experiencing strategies in communities with vaccination.48
homelessness between 2018 and 2020 considerable transmission risk. As
cited eviction as the primary reason for discussed above, CDC guidance CDC Eviction Moratorium
becoming homeless.44 Additionally, specifies that everyone, regardless of The Department of the Treasury has
some individuals and families who are vaccination status, should wear masks made funding available to states,
evicted may originally stay with family in indoor and public settings in territories, localities, and Tribal
or friends, but subsequently seek communities experiencing substantial governments, which continue to
homeless services. Data collection by an or high rates of community distribute emergency rental assistance
emergency shelter in Columbus, Ohio, transmission. Similarly, CDC guidance funds that may help mitigate spikes in
showed that 35.4% of families and for homeless shelters recommends COVID–19 transmission due to
11.4% of single adults reported an maintaining layered COVID–19 increases in evictions. Alongside other
eviction as the primary or secondary precautions as long as community federal and state efforts to prevent
reason for their seeking shelter.45 transmission is occurring and provides evictions, these funds are expected to
Extensive outbreaks of COVID–19 options for scaling back precautions make a meaningful difference for
have been identified in homeless when community transmission is low.46 hundreds of thousands of people who
shelters. In Seattle, Washington, a Eviction moratoria represent a are expected to receive the rental
network of three related homeless COVID–19 transmission prevention assistance.49
shelters experienced an outbreak that measure that can similarly be applied On September 4, 2020, the CDC
led to 43 cases among residents and staff when the epidemiological context is Director issued an Order temporarily
members. In Boston, Massachusetts, appropriate, for example in halting evictions in the United States for
universal COVID–19 testing at a single communities with substantial or high the reasons described therein. That
shelter revealed 147 cases, representing transmission of COVID–19.47 Prevention Order was set to expire on December 31,
36% of shelter residents. COVID–19 strategies like these should only be 2020, subject to further extension,
testing in a single shelter in San relaxed or lifted after two weeks of modification, or rescission. Section 502
Francisco led to the identification of 101 continuous sustained improvement in of Title V, Division N of the
cases (67% of those tested). Data from the level of community transmission. In
48 Barry V, Dasgupta S, Weller DL, Kriss JL,
634 universal diagnostic testing events areas with low or no SARS–CoV–2
Cadwell BL, Rose C, Pingali C, Musial T, Sharpe JD,
at homeless shelters in 21 states show transmission and with testing capacity Flores SA, Greenlund KJ, Patel A, Stewart A,
an average of 6% positivity among Qualters JR, Harris L, Barbour KE, Black CL.
shelter clients. Data comparing the 46 Centers for Disease Control and Prevention.
Patterns in COVID–19 Vaccination Coverage, by
incidence or severity of COVID–19 Interim Guidance for Homeless Service Providers to Social Vulnerability and Urbanicity—United States,
Plan and Respond to Coronavirus Disease 2019 December 14, 2020–May 1, 2021. MMWR Morb
among people experiencing
jbell on DSKJLSW7X2PROD with NOTICES
(COVID–19). Available at: https://www.cdc.gov/ Mortal Wkly Rep. 2021 Jun 4;70(22):818–824. doi:
coronavirus/2019-ncov/community/homeless- 10.15585/mmwr.mm7022e1. PMID: 34081685;
44 Count Us In 2020. KCRHA (July 2020). https:// shelters/plan-prepare-respond.html. PMCID: PMC8174677.
kcrha.org/wp-content/uploads/2020/07/Count-Us_ 47 Of course, eviction moratoria are only effective 49 Treasury Emergency Rental Assistance
In-2020-Final_7.29.2020.pdf. to the degree that consumers know about them and Programs in 2021: Analysis of a National Survey.
45 Chester Hartman and David Robinson. to the degree they are complied with by landlords, National Low Income Housing Coalition. June 2021.
‘‘Evictions: The Hidden Housing Problem’’ in owners of residential property, others who have a https://nlihc.org/sites/default/files/HIP_NLIHC_
Housing Policy Debate. 2003. right to evict, or their agents. Furman_2021_6-22_FINAL_v2.pdf.
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43250 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices
Consolidated Appropriations Act, 2021 that provides the same or greater level covered persons may not be evicted on
extended the Order until January 31, of public-health protection than the the sole basis that they are alleged to
2021. With the extension of the Order, requirements listed in this Order or to have committed the crime of trespass (or
Congress also provided $25 billion for the extent its application is prohibited similar state-law offense) where the
emergency rental assistance for the by Federal court order. In accordance underlying activity is a covered person
payment of rent and rental arrears. with 42 U.S.C. 264(e), this Order does remaining in a residential property for
Congress later provided an additional not preclude state, local, territorial, and nonpayment of rent. Permitting such
$21.55 billion in emergency rental tribal authorities from imposing evictions would result in substantially
assistance when it passed the American additional requirements that provide more evictions overall, thus increasing
Rescue Plan. greater public-health protection and are the risk of disease transmission as
On January 29, 2021, following an more restrictive than the requirements otherwise covered persons move into
assessment of the ongoing pandemic, in this Order. congregate settings or experience
the CDC Director renewed the Order This Order is a temporary eviction homelessness. This result would be
until March 31, 2021. On March 28, the moratorium to prevent the further contrary to the stated objectives of this
CDC Director renewed the Order until spread of COVID–19. This Order does Order, and therefore would diminish
June 30, 2021. On June 24, the CDC not relieve any individual of any their effectiveness. Moreover, to the
Director renewed the Order until July obligation to pay rent, make a housing extent such criminal trespass laws are
31, 2021 (July Order). The CDC Director payment, or comply with any other invoked to establish criminal activity
indicated that the July Order would be obligation that the individual may have solely based on a tenant, lessee, or
the final extension of the nationwide under a tenancy, lease, or similar resident of a residential property
eviction moratorium absent an contract. Nothing in this Order remaining in a residential property
unexpected change in the trajectory of precludes the charging or collecting of despite the nonpayment of rent, such
the pandemic. Unfortunately, the rise of fees, penalties, or interest as a result of invocation conflicts with this Order and
the Delta variant and corresponding rise the failure to pay rent or other housing is preempted pursuant to 42 U.S.C.
in cases in numerous counties in the payment on a timely basis, under the 264(e).
United States have altered the trajectory terms of any applicable contract. Individuals who are confirmed to
of the pandemic. As a result, CDC is Nothing in this Order precludes have, who have been exposed to, or who
issuing this narrower, more targeted evictions based on a tenant, lessee, or might have COVID–19 and take
Order to temporarily halt evictions in resident: (1) Engaging in criminal reasonable precautions to not spread the
the hardest hit areas. Without this activity while on the premises; (2) disease may not be evicted on grounds
Order, evictions in these areas would threatening the health or safety of other that they may pose a health or safety
likely exacerbate the increase in cases. residents; 53 (3) damaging or posing an threat to other residents.
immediate and significant risk of This Order is in effect through
To the extent any provision of this
damage to property; (4) violating any October 3, 2021, based on the current
Order conflicts with prior Orders, this
applicable building code, health and projected epidemiological context
Order is controlling.
ordinance, or similar regulation relating of SARS–CoV–2 transmission
Applicability to health and safety; or (5) violating any throughout the United States. This
This Order applies in U.S. counties 50 other contractual obligation, other than timeframe will allow the assessment of
experiencing substantial 51 and high 52 the timely payment of rent or similar natural changes to COVID–19 incidence,
levels of community transmission levels housing-related payment (including the influences of new variants,
of SARS–CoV–2 as defined by CDC, as non-payment or late payment of fees, additional distribution of emergency
of August 3, 2021. If a U.S. county that penalties, or interest). rental assistance funds, and the
Any evictions for nonpayment of rent expansion of COVID–19 vaccine uptake.
is not covered by this Order as of
initiated prior to issuance of this Order
August 3, 2021 later experiences Declaration Forms
but not yet completed, are subject to this
substantial or high levels of community Order. Any tenant, lessee, or resident of To qualify for the protections of this
transmission while this Order is in a residential property who previously Order, a tenant, lessee, or resident of a
effect, then that county will become submitted a Declaration, still qualifies residential property must provide a
subject to this Order as of the date the as a ‘‘Covered Person’’ and is still completed and signed copy of a
county begins experiencing substantial present in a rental unit is entitled to declaration with the elements listed in
or high levels of community protections under this Order. Any the definition of ‘‘Covered person’’ to
transmission. If a U.S. county that is eviction that was completed before their landlord, owner of the residential
covered by this Order no longer issuance of this Order including from property where they live, or other
experiences substantial or high levels of August 1 through August 3, 2021 is not person who has a right to have them
community transmission for 14 subject to this Order, as it does not evicted or removed from where they
consecutive days, then this Order will operate retroactively. live. To assist tenants and landlords, the
no longer apply in that county, unless Under this Order, covered persons CDC created a standardized declaration
and until the county again experiences may be evicted for engaging in criminal form that can be downloaded here:
substantial or high levels of community activity while on the premises. But https://www.cdc.gov/coronavirus/2019-
transmission while this Order is in ncov/downloads/declaration-form.pdf.
effect. 53 Individuals who might have COVID–19 are Tenants, lessees, and residents of
This Order does not apply in any advised to stay home except to get medical care. residential property are not obligated to
state, local, territorial, or tribal area with Accordingly, individuals who might have COVID–
use the CDC form. Any written
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a moratorium on residential evictions 19 and take reasonable precautions to not spread
the disease should not be evicted on the ground that document that an eligible tenant, lessee,
50 As used in this Order, the term ‘‘county’’ refers
they may pose a health or safety threat to other or resident of residential property
residents. See What to Do if You are Sick, Centers presents to their landlord will comply
to both counties in the United States and U.S. for Disease Control and Prevention, https://
territories. www.cdc.gov/coronavirus/2019-ncov/if-you-are-
with this Order, as long as it contains
51 Supra note 7.
sick/steps-when-sick.html (last updated Mar. 17, the required elements of ‘‘Covered
52 Supra. note 8. 2021). person’’ as described in this Order. In
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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices 43251
addition, tenants, lessees, and residents Congress has appropriated state, county, locality, or territory has
of residential property are allowed to approximately $46 billion—of which provided a level of public-health
declare in writing that they meet the almost three-quarters is currently protections below the requirements
elements of ‘‘Covered person’’ in other available to state and local grantees—to listed in this Order.
languages. help pay rent and rental arrears for This Order is not a rule within the
All declarations, regardless of form tenants who may otherwise be at high meaning of the Administrative
used, must be signed, and must include risk of eviction. According to estimates Procedure Act (APA) but rather an
a statement that the tenant, lessee, or based on the U.S. Census Household emergency action taken under the
resident of a residential property Pulse Survey, approximately 6.9 million existing authority of 42 CFR 70.2. The
understands that they could be liable for renter households were behind on their purpose of section 70.2, which was
perjury for any false or misleading rent in late June. At that time, about 4.6 promulgated through notice-and-
statements or omissions in the million renter households were comment rulemaking, is to enable CDC
declaration. This Order does not concerned that they could not pay next to take swift steps to prevent contagion
preclude a landlord challenging the month’s rent. The successful delivery of without having to seek a second round
truthfulness of a tenant’s, lessee’s, or those funds by states and localities of public comments and without a delay
resident’s declaration in court, as should greatly reduce the incidence of in effective date.55
permitted under state or local law. eviction that would occur in the absence Good Cause
In certain circumstances, such as of that support. However, many states
and localities are still ramping up the In the event this Order qualifies as a
individuals filing a joint tax return, it
collection and processing of rule under the APA, there is good cause
may be appropriate for one member of
applications and the delivery of to dispense with prior public notice and
the residence to provide an executed
assistance and putting in place other comment and a delay in effective date.
declaration on behalf of the other adult
eviction prevention strategies. It was See 5 U.S.C. 553(b)(B), (d)(3). Good
residents party to the lease, rental
only in the beginning of June that all cause exists, in sum, because the public
agreement, or housing contract. The
state-run emergency rental assistance health emergency caused by the
declaration may be signed and
programs had opened for applications. If COVID–19 pandemic and the
transmitted either electronically or by
the moratorium is not in place, a wave unpredictability of the trajectory of the
hard copy.
of evictions, on the order of hundreds of pandemic make it impracticable and
As long as the information in a contrary to the public health, and by
thousands, could occur in late summer
previously signed declaration submitted extension the public interest, to delay
and early fall, exacerbating the spread of
under a previous order remains truthful the issuance and effective date of this
COVID–19 among the significant
and accurate, covered persons do not Order.
percentage of the population that
need to submit a new declaration under I have determined that good cause
remains unvaccinated. In appropriating
this Order. However, eligibility for exists because the public health
these emergency rental assistance funds,
protection will be based on the terms of emergency caused by COVID–19 makes
Congress intended that the funding
this Order. it impracticable and contrary to the
would work in concert with the eviction
Findings and Action moratorium, providing time for rental public health, and by extension the
assistance to reach eligible tenants and public interest, to delay the issuance
Determination landlords to sustainably reduce the and effective date of the Order. A delay
For the reasons described herein, I threat of an eviction wave after an in the effective date of the Order would
have determined based on the eviction moratorium was no longer in permit the occurrence of evictions—
information below that issuing a effect. While the pace of assistance is potentially on a mass scale—that would
temporary halt in evictions in counties continuing to increase, without have potentially significant public
experiencing substantial or high levels additional time for states and localities health consequences. I conclude that the
of COVID–19 transmission constitutes a to deliver this needed relief and engage delay in the effective date of the Order
reasonably necessary measure under 42 in other efforts to prevent evictions, a would defeat the purpose of the Order
CFR 70.2 to prevent the further spread surge of evictions would occur upon the and endanger the public health and,
of COVID–19 throughout the United conclusion of the national moratorium. therefore, determine that immediate
States. I have further determined that A surge in evictions would lead to action is necessary.
measures by states, localities, or immediate movement, crowding, and The rapidly changing nature of the
territories that do not meet or exceed increased stress on the homeless service pandemic requires not only that CDC act
these minimum protections are system. In combination with surging swiftly, but also deftly to ensure that its
insufficient to prevent the interstate COVID–19 rates across the country, and actions are commensurate with the
spread of COVID–19. the overlapping factors described above, threat. This necessarily involves
State and local jurisdictions continue this would create considerable risk for assessing evolving conditions that
to distribute emergency rental assistance the rapid transmission of COVID–19 in inform CDC’s determinations. Despite
funds, provided by the Department of high-risk settings. promising trends in the spring of 2021,
Treasury, that will help avert a spate of Based on the convergence of these the surge of cases spurred by the Delta
evictions and thus mitigate issues, I have determined that issuing a variant has confirmed that the
corresponding spikes in COVID–19 new Order temporarily halting evictions fundamental public health threat—of
transmission. Trends have dramatically is appropriate. the risk of large numbers of residential
worsened since June 2021 and Accordingly, a landlord, owner of a evictions contributing to the spread of
residential property, or other person COVID–19 throughout the United
jbell on DSKJLSW7X2PROD with NOTICES
transmission is rapidly accelerating in
with a legal right to pursue eviction or States—continues to exist. Without this
the United States.54
possessory action shall not evict any Order, there is every reason to expect
54 COVID Data Tracker, Centers for Disease
covered person from any residential that evictions will increase dramatically
Control and Prevention, https://covid.cdc.gov/
property in any county or U.S. territory
covid-data-tracker/#trends_dailytrendscases (last while COVID–19 transmission is 55 Chambless Enters., LLC v. Redfield, No. 20–
updated June 22, 2021). substantial or high and the relevant 1455, 2020 WL 7588849 (W.D. La. 2020).
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43252 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices
at a time when COVID–19 infections in $200,000 per event if the violation does the Coronavirus Relief Fund and https://
the United States are increasing sharply. not result in a death or $500,000 per home.treasury.gov/policy-issues/cares/
It is imperative that public health event if the violation results in a death emergency-rental-assistance-program
authorities act quickly to mitigate such or as otherwise provided by law. The for more information about the
an increase of evictions, which could U.S. Department of Justice may initiate Emergency Rental Assistance Program.
increase the likelihood of new spikes in criminal proceedings as appropriate Visit www.consumerfinance.gov/
SARS–CoV–2 transmission. Such mass seeking imposition of these criminal renthelp to access the Rental Assistance
evictions and the attendant public penalties. Finder that connects renters and
health consequences would be very landlords with the state and local
Notice to Cooperating State and Local
difficult to reverse. programs that are distributing billions of
For all of these reasons, I hereby Officials
dollars in federal assistance. Relevant
conclude that immediate action is again Under 42 U.S.C. 243, the U.S. agencies have informed CDC that
necessary and that notice-and-comment Department of Health and Human forbearance policies for mortgages
rulemaking and a delay in effective date Services is authorized to cooperate with backed by the federal government
would be impracticable and contrary to and aid state and local authorities in the provide many landlords, especially
the public interest. enforcement of their quarantine and smaller landlords, with temporary relief
other health regulations and to accept as new emergency rental assistance
Miscellaneous state and local assistance in the programs are deployed.
Similarly, if this Order qualifies as a enforcement of Federal quarantine rules Treasury, HUD, and USDA grantees
rule under the APA, the Office of and regulations, including in the and program participants play a critical
Information and Regulatory Affairs enforcement of this Order. role in prioritizing efforts to support this
(OIRA) has determined that it would be goal. All communities should assess
Notice of Available Federal Resources
an economically significant regulatory what resources have already been
action pursuant to Executive Order While this Order to prevent eviction
allocated to prevent evictions and
12866 and a major rule under Subtitle is effectuated to protect the public
homelessness through temporary rental
E of the Small Business Regulatory health, the states and units of local
assistance and homelessness
Enforcement Fairness Act of 1996 (the government are reminded that the
prevention, particularly to the most
Congressional Review Act or CRA), 5 Federal Government has deployed
vulnerable households.
U.S.C. 804(2). Thus, this action has been unprecedented resources to address the
Treasury, HUD, and USDA stand at
reviewed by OIRA. CDC has determined pandemic, including housing assistance.
the ready to support American
that for the same reasons given above, The Department of Housing and
Urban Development (HUD), the communities in taking these steps to
there would be good cause under the reduce the spread of COVID–19 and
CRA to make the requirements herein Department of Agriculture, and the
Department of the Treasury have maintain economic prosperity.
effective immediately. 5 U.S.C. 808(2). For program support, including
If any provision of this Order, or the informed CDC that unprecedented
technical assistance, please visit
application of any provision to any emergency resources have been
www.hudexchange.info/program-
persons, entities, or circumstances, shall appropriated through various Federal
support. For further information on
be held invalid, the remainder of the agencies that assist renters and
HUD resources, tools, and guidance
provisions, or the application of such landlords during the pandemic,
including $46.55 billion to the Treasury available to respond to the COVID–19
provisions to any persons, entities, or pandemic, state and local officials are
circumstances other than those to which through the Consolidated
Appropriations Act of 2021 and the directed to visit https://www.hud.gov/
it is held invalid, shall remain valid and coronavirus. These tools include
in effect. American Rescue Plan (ARP).
Furthermore, in 2020 44 states and 310 toolkits for Public Housing Authorities
This Order shall be enforced by and Housing Choice Voucher landlords
federal authorities and cooperating state local jurisdictions allocated about $3.9
billion toward emergency rental related to housing stability and eviction
and local authorities through the prevention, as well as similar guidance
provisions of 18 U.S.C. 3559, 3571; 42 assistance, largely from funds
appropriated to HUD from the for owners and renters in HUD-assisted
U.S.C. 243, 268, 271; and 42 CFR 70.18. multifamily properties. Furthermore,
However, this Order has no effect on the Coronavirus Aid, Relief, and Economic
Security (CARES).56 These three rounds tenants can visit consumerfinance.gov/
contractual obligations of renters to pay housing for up-to-date information on
rent and shall not preclude charging or of federal appropriations also provided
substantial resources for homeless rent relief options, protections, and key
collecting fees, penalties, or interest as deadlines.
a result of the failure to pay rent or other services, homeowner assistance, and
housing payment on a timely basis, supplemental stimulus and Effective Date
under the terms of any applicable unemployment benefits that low-income This Order is effective on August 3,
contract. renters used to pay rent. 2021 and will remain in effect through
Visit https://covid.cdc.gov/covid-
Criminal Penalties October 3, 2021, subject to revision
data-tracker/#county-view for an
based on the changing public health
Under 18 U.S.C. 3559, 3571; 42 U.S.C. integrated, county view of levels of
landscape.
271; and 42 CFR 70.18, a person community transmission for monitoring Authority: The authority for this
violating this Order may be subject to a the COVID–19 pandemic in the United Order is Section 361 of the Public
fine of no more than $100,000 or one States. Visit https://home.treasury.gov/ Health Service Act (42 U.S.C. 264) and
year in jail, or both, if the violation does policy-issues/cares/state-and-local- 42 CFR 70.2.
jbell on DSKJLSW7X2PROD with NOTICES
not result in a death, or a fine of no governments for more information about
more than $250,000 or one year in jail, Sherri Berger,
56 Vincent Reina et al, COVID–19 Emergency
or both if the violation results in a Chief of Staff, Centers for Disease Control
Rental Assistance: Analysis of a National Survey of and Prevention.
death, or as otherwise provided by law. Programs, Research Brief, https://nlihc.org/sites/
An organization violating this Order default/files/HIP_NLIHC_Furman_Brief_FINAL.pdf [FR Doc. 2021–16945 Filed 8–4–21; 2:00 pm]
may be subject to a fine of no more than (last visited Mar. 26, 2021). BILLING CODE 4163–18–P
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- www.govinfo.gov