Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19 (notice, 86 FR 8020, February 3, 2021)
Summary
A Notice of Agency Order of the Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS), printed in the Federal Register as 86 FR 8020 (February 3, 2021). It announces the extension of an Order under Section 361 of the Public Health Service Act to temporarily halt residential evictions to prevent the further spread of COVID–19, through March 31, 2021. Under the Order a landlord, owner of a residential property or other person with a legal right to pursue eviction shall not evict any covered person in a jurisdiction to which it applies. The notice cites a survey in which over one quarter (26%) of respondents identified job loss as the primary cause of homelessness. It lists fines of no more than $100,000 if a violation does not result in a death, or no more than $250,000 if it does.
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Cite this document
“Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19 (notice, 86 FR 8020, February 3, 2021).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/temporary-halt-in-residential-evictions-to-prevent-the-further-spread-2ef8c7deb0/
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8020 Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices
The collected information is used by extends the Order with modifications ‘‘Covered person’’ 2 means any tenant,
the Small Business Administration, through March 31, 2021. The conditions lessee, or resident of a residential
Congress, Federal agencies and the that originally necessitated the original property who provides to their landlord,
general public for various reasons such Order continue to exist and, in many the owner of the residential property, or
as determining if agencies are meeting jurisdictions, have significantly other person with a legal right to pursue
statutory goals, set-aside worsened. With the convergence of eviction or a possessory action, a
determinations, and market research. COVID–19, seasonal influenza, declaration under penalty of perjury
household crowding and transmission, indicating that: (1) The individual has
C. Annual Burden used best efforts to obtain all available
and the increased risk of individuals
Respondents: 2647. sheltering in close quarters in government assistance for rent or
Total Annual Responses: 4029. congregate settings such as homeless housing;
Total Burden Hours: 2014.5. shelters, which may be unable to (2) The individual either (i) expects to
Obtaining Copies: Requesters may provide adequate social distancing as earn no more than $99,000 in annual
obtain a copy of the information populations increase, extending the income for Calendar Year 2021 (or no
collection documents from the GSA temporary halt on evictions, subject to more than $198,000 if filing a joint tax
Regulatory Secretariat Division by further extension, modification, or return),3 (ii) was not required to report
calling 202–501–4755 or emailing rescission, is appropriate. Additionally, any income in 2020 to the U.S. Internal
GSARegSec@gsa.gov. Please cite OMB the Order now applies to American Revenue Service, or (iii) received an
Control No. 9000–0163, Small Business Samoa. At the time of publication of the Economic Impact Payment (stimulus
Size Rerepresentation. September 4, 2020 Order, no cases had check) pursuant to Section 2201 of the
been reported in American Samoa. CARES Act;
William F. Clark, (3) the individual is unable to pay the
Director, Office of Government-wide
Cases have now been reported there.
full rent or make a full housing payment
Acquisition Policy, Office of Acquisition A copy of the Order is provided
due to substantial loss of household
Policy, Office of Government-wide Policy. below. A copy of the signed Order and
income, loss of compensable hours of
[FR Doc. 2021–02239 Filed 2–2–21; 8:45 am] the Declaration can be found at: https://
work or wages, a lay-off, or
www.cdc.gov/coronavirus/2019-ncov/
BILLING CODE 6820–EP–P extraordinary 4 out-of-pocket medical
covid-eviction-declaration.html expenses;
Centers for Disease Control and (4) the individual is using best efforts
DEPARTMENT OF HEALTH AND Prevention Department of Health and to make timely partial payments that are
HUMAN SERVICES Human Services
2 This definition is based on factors that are
Centers for Disease Control and Order Under Section 361 of the Public known to contribute to evictions and thus increase
Prevention Health Service AcT (42 U.S.C. 264) and the need for individuals to move into close quarters
42 Code of Federal Regulations 70.2 in new congregate or shared living arrangements or
experience homelessness. Individuals who suffer
Temporary Halt in Residential Temporary Halt in Residential job loss, have limited financial resources, are low
Evictions to Prevent the Further Evictions to Prevent the Further Spread income, or have high out-of-pocket medical
Spread of COVID–19 expenses are more likely to be evicted for
of Covid–19 nonpayment of rent than others not experiencing
AGENCY: Centers for Disease Control and Summary these factors. See Desmond, M., Gershenson, C.,
Prevention (CDC), Department of Health Who gets evicted? Assessing individual,
neighborhood, and network factors, Social Science
and Human Services (HHS). Subject to the limitations under Research 62 (2017), 366–377, http://dx.doi.org/
ACTION: Agency Order.
‘‘Applicability,’’ a landlord, owner of a 10.1016/j.ssresearch.2016.08.017, (identifying job
residential property, or other person 1 loss as a possible predictor of eviction because
SUMMARY: The Centers for Disease with a legal right to pursue eviction or renters who lose their jobs experience not only a
sudden loss of income but also the loss of
Control and Prevention (CDC), located possessory action, shall not evict any predictable future income). According to one
within the Department of Health and covered person from any residential survey, over one quarter (26%) of respondents also
Human Services (HHS) announces the property in any jurisdiction to which identified job loss as the primary cause of
extension of an Order under Section 361 this Order applies during the effective homelessness. See 2019 San Francisco Homeless
Point-in-Time Count & Survey, page 22, available
of the Public Health Service Act to period of the Order. at: https://hsh.sfgov.org/wp-content/uploads/2020/
temporarily halt residential evictions to Definitions 01/2019HIRDReport_SanFrancisco_FinalDraft-
prevent the further spread of COVID–19. 1.pdf.
3 According to one study, the national two-
DATES: This Order is effective January ‘‘Available government assistance’’
bedroom housing wage in 2020 was $23.96 per hour
31, 2021 through March 31, 2021. means any governmental rental or (approximately, $49,837 annually), meaning that an
FOR FURTHER INFORMATION CONTACT:
housing payment benefits available to hourly wage of $23.96 was needed to afford a
Tiffany Brown, Acting Deputy Chief of the individual or any household modest two bedroom house without spending more
member. than 30% of one’s income on rent. The hourly wage
Staff, Centers for Disease Control and needed in Hawaii (the highest cost U.S. State for
Prevention, 1600 Clifton Road, NE, MS ‘‘Available housing’’ means any rent) was $38.76 (approximately $80,621 annually).
H21–10, Atlanta, GA 30329. Phone: available, unoccupied residential See National Low-Income Housing Coalition, Out of
property, or other space for occupancy Reach: The High Cost of Housing 2020, available at:
404–639–7000. Email: cdcregulations@ https://reports.nlihc.org/oor. As further explained
cdc.gov. in any seasonal or temporary housing, herein, because this Order is intended to serve the
that would not violate Federal, state, or critical public health goal of preventing evicted
SUPPLEMENTARY INFORMATION:
local occupancy standards and that individuals from potentially contributing to the
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Background would not result in an overall increase interstate spread of COVID–19 through movement
into close quarters in new congregate, shared
of housing cost to such individual.
This Order extends the original housing settings, or though homelessness, the
temporary eviction moratorium Order higher income thresholds listed here have been
1 For purposes of this Order, ‘‘person’’ includes determined to better serve this goal.
published on September 4, 2020 and corporations, companies, associations, firms, 4 An extraordinary medical expense is any
extended by the Consolidated partnerships, societies, and joint stock companies, unreimbursed medical expense likely to exceed
Appropriations Act, 2021 and further as well as individuals. 7.5% of one’s adjusted gross income for the year.
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Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices 8021
as close to the full payment as the identified in the United States, with to prevent the spread of communicable
individual’s circumstances may permit, new cases reported daily, and over disease. Eviction moratoria facilitate
taking into account other 400,000 deaths due to the disease. On self-isolation by people who become ill
nondiscretionary expenses; and January 8, 2021, over 300,000 COVID– or who are at risk for severe illness from
(5) eviction would likely render the 19 cases in the U.S. were reported to COVID–19 due to an underlying
individual homeless—or force the CDC, representing a peak approximately medical condition. They also allow state
individual to move into and live in 7 times the highest daily cases in April, and local authorities to more easily
close quarters in a new congregate or 2020 and approximately 4 times the implement stay-at-home and social
shared living setting—because the highest daily cases in July, 2020. distancing directives to mitigate the
individual has no other available The virus that causes COVID–19 community spread of COVID–19.
housing options. spreads very easily and sustainably Furthermore, housing stability helps
‘‘Evict’’ and ‘‘Eviction’’ means any between people who are in close contact protect public health because
action by a landlord, owner of a with one another (within about 6 feet), homelessness increases the likelihood of
residential property, or other person mainly through respiratory droplets individuals moving into close quarters
with a legal right to pursue eviction or produced when an infected person in congregate settings, such as homeless
possessory action, to remove or cause coughs, sneezes, or talks. Some people shelters, which then puts individuals at
the removal of a covered person from a without symptoms may be able to higher risk to COVID–19.
residential property. It also does not spread the virus. Among adults, the risk On September 4, 2020, the CDC
include foreclosure on a home mortgage. for severe illness from COVID–19 Director issued an Order temporarily
‘‘Residential property’’ means any increases with age, with older adults at halting evictions in the United States for
property leased for residential purposes, highest risk. Severe illness means that the reasons described therein. That
including any house, building, mobile persons with COVID–19 may require Order was set to expire on December 31,
home or land in a mobile home park, or hospitalization, intensive care, or a 2020, subject to further extension,
similar dwelling leased for residential ventilator to help them breathe, and modification, or rescission. Section 502
purposes, but shall not include any may be fatal. People of any age with of Title V, Division N of the
hotel, motel, or other guest house rented certain underlying medical conditions, Consolidated Appropriations Act, 2021
to a temporary guest or seasonal tenant such as cancer, an extended the Order until January 31,
as defined under the laws of the state, immunocompromised state, obesity, 2021. This Order further extends and
territorial, tribal, or local jurisdiction. serious heart conditions, and diabetes, modifies the prior Orders until March
‘‘State’’ shall have the same definition are at increased risk for severe illness 31, 2021 for the reasons described
as under 42 CFR 70.1, meaning ‘‘any of from COVID–19.5 herein. Much of the content of the
the 50 states, plus the District of COVID–19 presents a historic threat to September 4, 2020 Order has been
Columbia.’’ public health, and COVID–19 cases have incorporated into this Order. To the
‘‘U.S. territory’’ shall have the same been detected in every county in the extent any provision of this Order
definition as under 42 CFR 70.1, continental United States.6 Through conflicts with prior Orders, this Order is
meaning ‘‘any territory (also known as December 2020 and January 2021, the controlling.
possessions) of the United States, number of deaths per day from COVID– In addition to extending the effective
including American Samoa, Guam, the 19 consistently exceeded any other period of the September 4, 2020 Order,
Northern Mariana Islands, the cause.7 Additionally, in recent months, as further extended by the Consolidated
Commonwealth of Puerto Rico, and the new variants of SARS-CoV–2 have Appropriations Act, 2021, this Order
U.S. Virgin Islands.’’ emerged globally, some of which have includes newly available modeling
been associated with increased projections and observational data from
Statement of Intent transmissibility.8 To respond to this COVID–19 incidence comparisons
This Order shall be interpreted and public health threat, the Federal, state, across states that have implemented and
implemented in a manner as to achieve and local governments have taken lifted eviction moratoria, which clearly
the following objectives: unprecedented or exceedingly rare demonstrate the need for this Order.
• Mitigating the spread of COVID–19 actions, including border closures, The Order now also applies to American
within congregate or shared living restrictions on travel, stay-at-home Samoa because cases of COVID–19 have
settings, or through unsheltered orders, mask requirements, and eviction now been reported there.
homelessness; moratoria. Despite these significant Applicability
• Mitigating the further spread of efforts, COVID–19 continues to spread
COVID–19 from one state or territory and further action is needed. This Order does not apply in any
into any other state or territory; and In the context of a pandemic, eviction state, local, territorial, or tribal area with
• Supporting response efforts to moratoria—like quarantine, isolation, a moratorium on residential evictions
COVID–19 at the Federal, state, local, and social distancing—can be an that provides the same or greater level
territorial, and tribal levels. effective public health measure utilized of public-health protection than the
requirements listed in this Order. In
Background accordance with 42 U.S.C. 264(e), this
5 CDC, People with Certain Medical Conditions,
There is currently a pandemic of a https://www.cdc.gov/coronavirus/2019-ncov/need- Order does not preclude state, local,
respiratory disease (‘‘COVID–19’’) extra-precautions/people-with-medical- territorial, and tribal authorities from
caused by a novel coronavirus (SARS– conditions.html (accessed August 26, 2020).
6 USAFacts. https://usafacts.org/visualizations/
imposing additional requirements that
COV–2) that has now spread globally, coronavirus-covid-19-spread-map/. provide greater public-health protection
including cases reported in all fifty and are more restrictive than the
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7 Woolf SH, Chapman DA, Lee JH. COVID–19 as
states within the United States plus the the Leading Cause of Death in the United States. requirements in this Order.
District of Columbia and U.S. territories. JAMA. 2021;325(2):123–124. doi:10.1001/ This Order is a temporary eviction
As of January 21, 2021, there have been jama.2020.24865 moratorium to prevent the further
8 Emerging SARS-CoV–2 Variants. https://
over 96 million cases of COVID–19 www.cdc.gov/coronavirus/2019-ncov/more/science-
spread of COVID–19. This Order does
globally, resulting in over 2,000,000 and-research/scientific-brief-emerging- not relieve any individual of any
deaths. Over 24,400,000 cases have been variants.html. obligation to pay rent, make a housing
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8022 Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices
payment, or comply with any other Preliminary modeling projections and authors were unable to adjust for, the
obligation that the individual may have observational data from COVID–19 authors estimated that, nationally, over
under a tenancy, lease, or similar incidence comparisons across states that 433,000 cases of COVID–19 and over
contract. Nothing in this Order implemented and lifted eviction 10,000 deaths could be attributed to
precludes the charging or collecting of moratoria indicate that evictions lifting state moratoria.16
fees, penalties, or interest as a result of substantially contribute to COVID–19 Shared housing is not limited to
the failure to pay rent or other housing transmission. In mathematical models friends and family. It includes a broad
payment on a timely basis, under the where eviction led exclusively to range of settings, including transitional
terms of any applicable contract. sharing housing with friends or family, housing, and domestic violence and
Nothing in this Order precludes lifting eviction moratoria led to a 40% abuse shelters. Special considerations
evictions based on a tenant, lessee, or increased risk of contracting COVID–19 exist for such housing because of the
resident: (1) Engaging in criminal among people who were evicted and challenges of maintaining social
activity while on the premises; (2) those with whom they shared housing distance. Residents often gather closely
threatening the health or safety of other after eviction (pre-peer review).13 or use shared equipment, such as
residents; 9 (3) damaging or posing an Compared to a scenario where no kitchen appliances, laundry facilities,
immediate and significant risk of evictions occurred, the models also stairwells, and elevators. Residents may
damage to property; (4) violating any predicted a 5–50% increased risk of have unique needs, such as disabilities,
applicable building code, health infection even for those who did not cognitive decline, or no access to
ordinance, or similar regulation relating share housing as a result of increased technology, and thus may find it more
to health and safety; or (5) violating any overall transmission. The authors difficult to take actions to protect
other contractual obligation, other than estimated that anywhere from 1,000 to themselves from COVID–19. CDC
the timely payment of rent or similar 100,000 excess cases per million recommends that shelters provide new
housing-related payment (including population could be attributable to residents with a clean mask, keep them
non-payment or late payment of fees, evictions depending on the eviction and isolated from others, screen for
penalties, or interest). infection rates.14 An analysis of symptoms at entry, or arrange for
This Order now applies to American observational data from state-based medical evaluations as needed
Samoa. At the time of publication of the eviction moratoria in 43 states and the depending on symptoms.17
September 4, 2020 Order, no cases had District of Columbia showed significant Accordingly, an influx of new residents
been reported in American Samoa. increases in COVID–19 incidence and at facilities that offer support services
Cases have now been reported there.10 mortality approximately 2–3 months could potentially overwhelm staff and,
after eviction moratoria were lifted (pre- if recommendations are not followed,
Eviction and Risk of COVID–19 peer review).15 Specifically, the authors lead to exposures.
Transmission compared the COVID–19 incidence and Congress passed the Coronavirus Aid,
mortality rates in states that lifted their Relief, and Economic Security (CARES)
Evicted renters must move, which Act (Pub. L. 116–136) to aid individuals
moratoria with the rates in states that
leads to multiple outcomes that increase and businesses adversely affected by
maintained their moratoria. In these
the risk of COVID–19 spread. models, the authors controlled for time- COVID–19. Section 4024 of the CARES
Specifically, many evicted renters move varying indicators of each state’s test Act provided a 120-day moratorium on
into close quarters in shared housing or count as well as major public-health eviction filings as well as other
other congregate settings. According to interventions including lifting stay-at- protections for tenants in certain rental
the Census Bureau American Housing home orders, school closures, and mask properties with Federal assistance or
Survey, 32% of renters reported that mandates. After adjusting for these other federally related financing. These
they would move in with friends or changes, they found that the incidence protections helped alleviate the public
family members upon eviction, which of COVID–19 in states that lifted their health consequences of tenant
would introduce new household moratoria was 1.6 times that of states displacement during the COVID–19
members and potentially increase that did not at 10 weeks post-lifting pandemic. The CARES Act eviction
household crowding.11 Studies show (95% CI 1.0, 2.3), a ratio that grew to 2.1 moratorium expired on July 24, 2020.18
that COVID–19 transmission occurs at ≥16 weeks (CI 1.1, 3.9). Similarly, The protections in the CARES Act
readily within households; household they found that mortality in states that supplemented temporary eviction
contacts are estimated to be 6 times lifted their moratoria was 1.6 times that moratoria and rent freezes implemented
more likely to become infected by an of states that did not at 7 weeks post- by governors and local officials using
index case of COVID–19 than other lifting (CI 1.2, 2.3), a ratio that grew to emergency powers.
close contacts.12 5.4 at ≥16 weeks (CI 3.1, 9.3). Although Researchers estimated that this
there may be additional factors that the temporary Federal moratorium provided
9 Individuals who might have COVID–19 are
relief to a material portion of the
advised to stay home except to get medical care.
Accordingly, individuals who might have COVID–
13 Sheen J, Nande A, Walters EL, Adlam B,
nation’s roughly 43 million renters.19
Gheorghe A, Shinnick J, Tejeda MF, Greenlee A,
19 and take reasonable precautions to not spread Schneider D, Hill AL, Levy MZ. The effect of
the disease should not be evicted on the ground that 16 Id.
eviction moratoriums on the transmission of SARS-
they may pose a health or safety threat to other CoV–2. medRxiv [Preprint]. 2020 Nov 17 See CDC COVID–19 Guidance for Shared or
residents. See What to Do if You are Sick, available 1:2020.10.27.20220897. doi: 10.1101/ Congregate Housing, available at: https://
at https://www.cdc.gov/coronavirus/2019-ncov/if- 2020.10.27.20220897. PMID: 33140067; PMCID: www.cdc.gov/coronavirus/2019-ncov/community/
you-are-sick/steps-when-sick.html. PMC7605580. shared-congregate-house/guidance-shared-
10 https://www.who.int/americansamoa. 14 Id. congregate-housing.html.
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11 United States Census Bureau. American 15 Leifheit, Kathryn M. and Linton, Sabriya L. and 18 Because evictions generally require 30-days’
Housing Survey, 2017. https://www.census.gov/ Raifman, Julia and Schwartz, Gabriel and Benfer, notice, the effects of housing displacement due to
programs-surveys/ahs.html. Emily and Zimmerman, Frederick J and Pollack, the expiration of the CARES act are not expected
12 Bi Q, Wu Y, Mei S, et al. Epidemiology and Craig, Expiring Eviction Moratoriums and COVID– to manifest until August 27, 2020.
transmission of COVID–19 in 391 cases and 1286 19 Incidence and Mortality (November 30, 2020). 19 See Congressional Research Service, CARES
of their close contacts in Shenzhen, China: a Available at SSRN: https://ssrn.com/ Act Eviction Moratorium, (April 7, 2020) available
retrospective cohort study. Lancet Infect Dis 2020, abstract=3739576 or http://dx.doi.org/10.2139/ at: https://crsreports.congress.gov/product/pdf/IN/
https://doi.org/10.1016/S1473-3099(20)30287-5. ssrn.3739576. IN11320.
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Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices 8023
Approximately 12.3 million rental units 15% of people experiencing homeless shelters.34 To adhere to this
have federally backed financing, homelessness between 2018 and 2020 guidance, shelters have limited the
representing 28% of renters. Other data cited eviction as the primary reason for number of people served throughout the
show more than 2 million housing becoming homeless.27 Additionally, United States. In many places,
vouchers along with approximately 2 some individuals and families who are considerably fewer beds are available to
million other federally assisted rental evicted may originally stay with family individuals who become homeless.
units.20 or friends, but subsequently seek Shelters that do not adhere to the
The CARES Act moratorium, homeless services. Among people who guidance, and operate at ordinary or
however, did not reach all renters. entered shelters throughout the United increased occupancy, are at greater risk
Neither does the more recently enacted States in 2017, 27% were staying with for the types of outbreaks described
Emergency Rental Assistance Program family or friends beforehand.28 above. The challenge of mitigating
under the Consolidated Appropriations disease transmission in homeless
People experiencing homelessness are
Act, 2021, as administered by the shelters has been compounded because
a high-risk population. It may be more some organizations have chosen to stop
Department of Treasury.21 Many renters
difficult for these persons to or limit volunteer access and
who fell outside the scope of the
consistently access the necessary participation.
moratorium were protected under state
resources in order to adhere to public In the context of the current
and local moratoria. In the absence of
health recommendations to prevent pandemic, large increases in evictions
state and local protections, as many as
COVID–19. For instance, it may not be resulting in homelessness could have at
30–40 million people in America could
be at risk of eviction.22 A wave of possible to avoid certain congregate least two potential negative
evictions on that scale would be settings such as homeless shelters, or consequences. One is if homeless
unprecedented in modern times.23 A easily access facilities to engage in shelters increase occupancy in ways
large portion of those who are evicted handwashing with soap and water. that increase the exposure risk to
may move into close quarters in shared Extensive outbreaks of COVID–19 COVID–19. The other is if homeless
housing or, as discussed below, become have been identified in homeless shelters continue to limit new
homeless, thus contributing to the shelters.29 In Seattle, Washington, a admissions, leading to increases in
spread of COVID–19. network of three related homeless unsheltered homelessness. Neither
The statistics on interstate moves shelters experienced an outbreak that consequence is in the interest of the
show that mass evictions would likely led to 43 cases among residents and staff public health.
increase the interstate spread of COVID– members.30 In Boston, Massachusetts, Recently published data suggest that
19. Over 35 million Americans, universal COVID–19 testing at a single those experiencing unsheltered
representing approximately 10% of the shelter revealed 147 cases, representing homelessness may have a lower risk of
U.S. population, move each year.24 36% of shelter residents.31 COVID–19 contracting COVID–19 compared to
Approximately 15% of moves are testing in a single shelter in San those staying in shelters.35 Data are not
interstate.25 Francisco led to the identification of 101 yet available to evaluate the risk of
cases (67% of those tested).32 COVID–19 among people who are
Eviction, Homelessness, and Risk of staying unsheltered compared to the
Throughout the United States, among
Severe Disease From COVID–19 general population. However, increases
208 shelters reporting universal
Evicted individuals without access to diagnostic testing data, 9% of shelter in unsheltered homelessness may lead
housing or assistance options may also clients have tested positive.33 to further strains on the healthcare
contribute to the homeless population, system, impacting the availability of
CDC guidance recommends increasing COVID–19 care. People experiencing
including older adults or those with
physical distance between beds in homelessness have been estimated to
underlying medical conditions, who are
more at risk for severe illness from use the emergency department almost 5
people-at-increased-risk.html (accessed August 26,
COVID–19 than the general 2020).
times the rate of the general
population.26 In Seattle-King County, 5– 27 Seattle-King County. Point in Time Count. population,36 and those who are
https://regionalhomelesssystem.org/wp-content/ unsheltered are estimated to use the
20 See HUD, A Picture of Subsidized Households uploads/2020/07/Count-Us-In-2020-Final_ emergency department twice as often as
General Description of the Data and Bibliography, 7.29.2020.pdf.
available at: https://www.huduser.gov/portal/ 28 United States Department of Housing and
34 Centers for Disease Control and Prevention.
datasets/assthsg/statedata98/descript.html. Urban Development. The 2017 Annual Homeless
21 https://home.treasury.gov/policy-issues/cares/
Interim Guidance for Homeless Service Providers to
Assessment Report (AHAR) to Congress: Part 2. Plan and Respond to COVID–19. https://
emergency-rental-assistance-program. Available at: https://files.hudexchange.info/ www.cdc.gov/coronavirus/2019-ncov/community/
22 See Emily Benfer, et al., The COVID–19 resources/documents/2017-AHAR-Part-2.pdf. homeless-shelters/plan-prepare-respond.html.
Eviction Crisis: An Estimated 30–40 Million People 29 Mosites E, et al, Assessment of SARS-CoV–2
35 Yoon JC, Montgomery MP, Buff AM, Boyd AT,
in America are at Risk, available at: https:// Infection Prevalence in Homeless Shelters—Four Jamison C, Hernandez A, Schmit K, Shah S, Ajoku
www.aspeninstitute.org/blog-posts/the-covid-19- U.S. Cities, March 27-April 15, 2020. MMWR 2020 S, Holland DP, Prieto J, Smith S, Swancutt MA,
eviction-crisis-an-estimated-30-40-million-people- May 1;69(17):521–522. Turner K, Andrews T, Flowers K, Wells A,
in-america-are-at-risk/. 30 Tobolowsky FA, et al. COVID–19 Outbreak
Marchman C, Laney E, Bixler D, Cavanaugh S,
23 As a baseline, approximately 900,000 renters Among Three Affiliated Homeless Service Sites— Flowers N, Gaffga N, Ko JY, Paulin HN, Weng MK,
are evicted every year in the United States. King County, Washington, 2020. MMWR 2020 May Mosites E, Morris SB. COVID–19 Prevalence among
Princeton University Eviction Lab. National 1;69(17):523–526. People Experiencing Homelessness and
Estimates: Eviction in America. https:// 31 Baggett TP, Keyes H, Sporn N, Gaeta JM.
Homelessness Service Staff during Early
evictionlab.org/national-estimates/. Prevalence of SARS-CoV–2 Infection in Residents of Community Transmission in Atlanta, Georgia,
24 See U.S. Census Bureau, CPS Historical a Large Homeless Shelter in Boston. JAMA. 2020 April-May 2020. Clin Infect Dis. 2020 Sep
Migration/Geographic Mobility Tables, available at: Apr 27;323(21):2191–2. Online ahead of print.
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8:ciaa1340. doi: 10.1093/cid/ciaa1340. Epub ahead
https://www.census.gov/data/tables/time-series/ 32 Imbert E, et al. Coronavirus Disease 2019 of print. PMID: 32898272; PMCID: PMC7499502.
demo/geographic-mobility/historic.html. (COVID–19) Outbreak in a San Francisco Homeless 36 Amato S, Nobay F, Amato DP, Abar B, Adler
25 Id. Shelter. Clin Infect Dis. 2020 Aug 3. D. Sick and unsheltered: Homelessness as a major
26 See CDC, Coronavirus Disease 2019 (COVID– 33 National Health Care for the Homeless Council risk factor for emergency care utilization. Am J
19), People Who Are at Increased Risk for Severe and Centers for Disease Control and Prevention. Emerg Med. 2019 Mar;37(3):415–420. doi: 10.1016/
Illness, available at https://www.cdc.gov/ Universal Testing Data Dashboard. Available at: j.ajem.2018.06.001. Epub 2018 Jun 2. PMID:
coronavirus/2019-ncov/need-extra-precautions/ https://nhchc.org/cdc-covid-dashboard/. 29891125.
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8024 Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices
those who are sheltered.37 In the context increased occupancy in shelters could This Order is not a rule within the
of the pandemic, increased emergency increase the risk to occupants in those meaning of the Administrative
department use is untenable given the shelters. Procedure Act (‘‘APA’’) but rather an
existing strains on the healthcare In short, evictions threaten to increase emergency action taken under the
system.38 the spread of COVID–19 as they force existing authority of 42 CFR 70.2. The
Additionally, research suggests that people to move, often into close quarters purpose of § 70.2 is to enable CDC to
the population of persons who would be in new shared housing settings with take swift steps to prevent contagion.45
evicted and become homeless would friends or family, or congregate settings In the event that this Order qualifies
include many who are predisposed to such as homeless shelters. The ability of as a rule under the APA, notice and
developing severe disease from COVID– these settings to adhere to best practices, comment and a delay in effective date
19. Five studies have shown an such as social distancing and other are not required because there is good
association between eviction and infection control measures, decreases as cause to dispense with prior public
hypertension, which has been populations increase. notice and comment and the
associated with more severe outcomes opportunity to comment on this Order
from COVID–19.39 Also, people Findings and Action
and the delay in effective date. See 5
experiencing homelessness often have For the reasons described herein, I am U.S.C. 553(b)(3)(B). Considering the
underlying conditions that increase extending and modifying the September public-health emergency caused by
their risk of severe outcomes of COVID– 4, 2020 Order, as further extended by COVID–19, it would be impracticable
19.40 Among patients with COVID–19, Section 502 of Title V, Division N of the and contrary to the public health, and
homelessness has been associated with Consolidated Appropriations Act, 2021. by extension the public interest, to
increased likelihood of I have determined that extending the delay the issuance and effective date of
hospitalization.41 temporary halt in evictions in this Order this Order.
These public health risks may constitutes a reasonably necessary In the September 4, 2020 Order, the
increase seasonally. Each year, as winter measure under 42 CFR 70.2 to prevent previous CDC Director determined that
approaches and the temperature drops, the further spread of COVID–19 good cause existed because the public
many persons experiencing throughout the United States. I have health emergency caused by COVID–19
homelessness move into shelters to further determined that measures by made it impracticable and contrary to
escape the cold and the occupancy of states, localities, or territories that do the public health, and by extension the
shelters increases.42 At the same time, not meet or exceed these minimum public interest, to delay the issuance
there is evidence to suggest that the protections are insufficient to prevent and effective date of the Order. The
homeless are more susceptible to the interstate spread of COVID–19.44 previous Director also found that a
respiratory tract infections,43 which Based on the convergence of COVID– delay in the effective date of the Order
may include seasonal influenza. While 19, seasonal influenza, household would permit the occurrence of
there are differences in the crowding and transmission, and the evictions—potentially on a mass scale—
epidemiology of COVID–19 and increased risk of individuals sheltering that would have potentially significant
seasonal influenza, the potential co- in close quarters in congregate settings consequences. One such potential
circulation of viruses during periods of such as homeless shelters, which may consequence would be that evicted
be unable to provide adequate social individuals would move into close
37 Raven MC, Tieu L, Lee CT, Ponath C, Guzman
distancing as populations increase, all quarters in congregate or shared living
D, Kushel M. Emergency Department Use in a of which may be exacerbated as winter
Cohort of Older Homeless Adults: Results From the settings, including homeless shelters,
HOPE HOME Study. Acad Emerg Med. 2017 continues, I have determined that which would put the individuals at
Jan;24(1):63–74. doi: 10.1111/acem.13070. PMID: extending the temporary halt on higher risk for COVID–19. Another
27520382; PMCID: PMC5857347. evictions, subject to further extension, potential consequence would be if
38 https://www.wsj.com/articles/covid-19-surge-
modification, or rescission, is evicted individuals become homeless
strains-hospitals-once-again-11605100312.
39 Hugo Vasquez-Vera, et al. The threat of home
appropriate. and unsheltered, and further contribute
eviction and its effects on health through the equity Therefore, under 42 CFR 70.2, subject to the spread of COVID–19. For these
lens: A systematic review. Social Science and to the limitations under the reasons, the previous Director
Medicine. 175 (2017) 199e208. ‘‘Applicability’’ section, the September concluded that the delay in the effective
40 Fazel S, Geddes JR, Kushel M. The health of
4, 2020 Order is hereby modified and date of the Order would defeat the
homeless people in high-income countries:
descriptive epidemiology, health consequences, and
extended through March 31, 2021. purpose of the Order and endanger the
clinical and policy recommendations. Lancet. Accordingly, a landlord, owner of a public health and, therefore, determined
2014;384(9953):1529–1540. residential property, or other person that immediate action was necessary. As
41 Hsu HE, et al. Race/Ethnicity, Underlying
with a legal right to pursue eviction or a result, the previous Director issued the
Medical Conditions, Homelessness, and possessory action shall not evict any
Hospitalization Status of Adult Patients with Order without prior notice and
COVID–19 at an Urban Safety-Net Medical Center— covered person from any residential comment and without a delay in the
Boston, Massachusetts, 2020. MMWR 2020 Jul property in any state or U.S. territory in effective date. Because these conditions
10;69(27):864–869. Historically, African Americans which there are documented cases of continue to exist—indeed, have
and Hispanic Americans are disproportionately COVID–19 that provides a level of
represented in evictions compared to other races. worsened—and because the extension
They are more likely to experience severe outcomes public-health protections below the granted in section 502 of Title V,
of COVID–19. Id. requirements listed in this Order. Division N of the Consolidated
42 See, generally, the Annual Homeless
Assessment Report to Congress (2007), available at: 44 In the United States, public health measures are
Appropriations Act, 2021 is set to expire
on January 31, 2021, I hereby conclude
jbell on DSKJLSW7X2PROD with NOTICES
https://www.huduser.gov/Publications/pdf/ahar.pdf implemented at all levels of government, including
(acknowledging the seasonality of shelter bed use). the federal, state, local, and tribal levels. Publicly- that immediate action is again necessary
43 Ly TDA, Edouard S, Badiaga S, et al. available compilations of pending measures without prior notice and comment and
Epidemiology of respiratory pathogen carriage in indicate that eviction moratoria and other without a delay in the effective date.
the homeless population within two shelters in protections from eviction have expired or are set to
Marseille, France, 2015–2017: Cross sectional 1-day expire in many jurisdictions. Eviction Lab, COVID–
surveys. Clin Microbiol Infect. 2019; 25(2):249.e1– 19 Housing Policy Scorecard, available at: https:// 45 Chambless Enters., LLC v. Redfield, No. 20–
249.e6. evictionlab.org/covid-policy-scorecard/. 1455, 2020 WL 7588849, (W.D. La. 2020).
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Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices 8025
The rapidly changing nature of the violation results in a death, or as sufficiently addressed and utilize HUD
pandemic requires not only that CDC act otherwise provided by law. An ’s technical assistance to design and
swiftly, but also deftly to ensure that its organization violating this Order may be implement programs to support a
actions are commensurate with the subject to a fine of no more than coordinated response to eviction
threat. This necessarily involves $200,000 per event if the violation does prevention needs. For program support,
assessing evolving conditions that not result in a death or $500,000 per including technical assistance, please
inform CDC’s determinations. event if the violation results in a death visit www.hudexchange.info/program-
The conditions that existed on or as otherwise provided by law. The support. For further information on
September 4, 2020 have only worsened. U.S. Department of Justice may initiate HUD resources, tools, and guidance
As of January 21, 2021, there have been criminal proceedings as appropriate available to respond to the COVID–19
over 24,400,000 cases and over 400,000 seeking imposition of these criminal pandemic, state and local officials are
deaths. Data collected by Princeton penalties. directed to visit https://www.hud.gov/
University show that eviction filings are coronavirus. These tools include
occurring; it is therefore expected that Notice to Cooperating State and Local
Officials toolkits for Public Housing Authorities
large numbers of evictions would be and Housing Choice Voucher landlords
processed if the Order were to expire. Under 42 U.S.C. 243, the U.S. related to housing stability and eviction
[https://evictionlab.org/eviction- Department of Health and Human prevention, as well as similar guidance
tracking]. Without this Order, there is Services is authorized to cooperate with for owners and renters in HUD-assisted
every reason to expect that evictions and aid state and local authorities in the multifamily properties.
will increase significantly, resulting in enforcement of their quarantine and
Similarly, the Department of the
further spread of COVID–19. It is other health regulations and to accept
Treasury has informed CDC that the
imperative is to act quickly to protect state and local assistance in the
funds allocated through the Coronavirus
the public health, and it would be enforcement of Federal quarantine rules
Relief Fund and the Emergency Rental
impracticable and contrary to the public and regulations, including in the
Assistance Program may be used to fund
interest to delay the issuance and enforcement of this Order.
rental assistance programs to prevent
effective date of the Order pending
Notice of Available Federal Resources eviction. Visit https://
notice-and-comment rulemaking.
Similarly, if this Order qualifies as a While this Order to prevent eviction home.treasury.gov/policy-issues/cares/
rule under the APA, the Office of is effectuated to protect the public state-and-local-governments for more
Information and Regulatory Affairs health, the states and units of local information about the Coronavirus
(OIRA) has determined that it would be government are reminded that the Relief Fund and https://
a major rule under the Congressional Federal Government has deployed home.treasury.gov/policy-issues/cares/
Review Act (CRA). But there would not unprecedented resources to address the emergency-rental-assistance-program
be a delay in its effective date. The pandemic, including housing assistance. for more information about the
agency has determined that for the same The Department of Housing and Emergency Rental Assistance Program..
reasons, there would be good cause Urban Development (HUD) has Effective Date
under the CRA to make the informed CDC that all HUD grantees—
requirements herein effective states, cities, communities, and This Order is effective on January 31,
immediately nonprofits—who received Emergency 2021 and will remain in effect, unless
If any provision of this Order, or the Solutions Grants (ESG) or Community extended, modified, or rescinded,
application of any provision to any Development Block Grant (CDBG) funds through March 31, 2021.
persons, entities, or circumstances, shall under the CARES Act may use these Authority
be held invalid, the remainder of the funds to provide temporary rental
provisions, or the application of such assistance, homelessness prevention, or The authority for this Order is Section
provisions to any persons, entities, or other aid to individuals who are 361 of the Public Health Service Act (42
circumstances other than those to which experiencing financial hardship because U.S.C. 264) and 42 CFR 70.2.
it is held invalid, shall remain valid and of the pandemic and are at risk of being Dated: January 29, 2021.
in effect. evicted, consistent with applicable laws, Sherri Berger
This Order shall be enforced by regulations, and guidance.
Acting Chief of Staff, Centers for Disease
federal authorities and cooperating state HUD has further informed CDC that:
Control and Prevention.
and local authorities through the HUD’s grantees and partners play a
critical role in prioritizing efforts to [FR Doc. 2021–02243 Filed 1–29–21; 4:15 pm]
provisions of 18 U.S.C. 3559, 3571; 42
support this goal. As grantees decide BILLING CODE 4163–18–P
U.S.C. 243, 268, 271; and 42 CFR 70.18.
However, this Order has no effect on the how to deploy CDBG–CV and ESG–CV
contractual obligations of renters to pay funds provided by the CARES Act, all
communities should assess what DEPARTMENT OF HEALTH AND
rent and shall not preclude charging or
resources have already been allocated to HUMAN SERVICES
collecting fees, penalties, or interest as
a result of the failure to pay rent or other prevent evictions and homelessness Centers for Disease Control and
housing payment on a timely basis, through temporary rental assistance and Prevention
under the terms of any applicable homelessness prevention, particularly to
contract. the most vulnerable households. Requirement for Persons To Wear
HUD stands at the ready to support Masks While on Conveyances and at
Criminal Penalties American communities take these steps Transportation Hubs
jbell on DSKJLSW7X2PROD with NOTICES
Under 18 U.S.C. 3559, 3571; 42 U.S.C. to reduce the spread of COVID–19 and
271; and 42 CFR 70.18, a person maintain economic prosperity. Where AGENCY: Centers for Disease Control and
violating this Order may be subject to a gaps are identified, grantees should Prevention (CDC), Department of Health
fine of no more than $100,000 if the coordinate across available Federal, and Human Services (HHS).
violation does not result in a death, or non-Federal, and philanthropic funds to
ACTION: Notice of Agency Order.
a fine of no more than $250,000 if the ensure these critical needs are
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