Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (notice, 86 FR 16731, March 31, 2021)
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 as 86 FR 16731 (March 31, 2021). It announces the extension of an Order under Section 361 of the Public Health Service Act temporarily halting residential evictions to prevent the further spread of COVID–19, through June 30, 2021. The Order bars a landlord, owner of a residential property or other person with a legal right to pursue eviction or possessory action from evicting any covered person in a jurisdiction where it applies. It defines terms including "Available government assistance" and names Tiffany Brown, Acting Deputy Chief of Staff, CDC, as the contact.
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Cite this document
“Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (notice, 86 FR 16731, March 31, 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-370a28d52d/
, SHA-256 ea52b4acebe721cefdc1c8b7dfed17d401f031aeaea1f77eb00b1a45baf47a8d.Full text
Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16731
collection that are required to obtain a DEPARTMENT OF HEALTH AND the Declaration can be found at: https://
benefit: Specifically, the request for HUMAN SERVICES www.cdc.gov/coronavirus/2019-ncov/
designation as a wholesale or limited covid-eviction-declaration.html.
purpose bank, the strategic plan, and the Centers for Disease Control and
Prevention Centers for Disease Control and
recordkeeping and reporting Prevention Department of Health and
requirements associated with data Human Services
Temporary Halt in Residential
regarding consumer loans and lending Evictions To Prevent the Further
performance, affiliate lending data, and Order Under Section 361 of the Public
Spread of COVID–19 Health Service Act (42 U.S.C. 264) and
data on lending by a consortium or a
AGENCY: Centers for Disease Control and 42 Code of Federal Regulations 70.2
third party.
Prevention (CDC), Department of Health Temporary Halt in Residential
Most of the information collected
and Human Services (HHS). Evictions To Prevent the Further
under Regulation BB is not considered
ACTION: Agency order. Spread of COVID–19
confidential. However, if a respondent
elects to submit a strategic plan SUMMARY: The Centers for Disease Summary
pursuant to 12 CFR 228.27, the Control and Prevention (CDC), located Subject to the limitations under
respondent may submit additional within the Department of Health and ‘‘Applicability,’’ a landlord, owner of a
information to the Board relating to the Human Services (HHS) announces the residential property, or other person 1
strategic plan on a confidential basis, so extension of an Order under Section 361 with a legal right to pursue eviction or
long as the goals in the plan are of the Public Health Service Act to possessory action, shall not evict any
sufficiently specific to enable the public temporarily halt residential evictions to covered person from any residential
and the Board to judge the merits of the prevent the further spread of COVID–19. property in any jurisdiction to which
plan. The Board will determine whether DATES: This Order is effective April 1, this Order applies during the effective
the additional information is entitled to 2021 through June 30, 2021. period of the Order.
confidential treatment on a case-by-case FOR FURTHER INFORMATION CONTACT: Definitions
basis. Tiffany Brown, Acting Deputy Chief of
Staff, Centers for Disease Control and ‘‘Available government assistance’’
To the extent a respondent submits means any governmental rental or
information contained in or related to Prevention, 1600 Clifton Road NE, MS
H21–10, Atlanta, GA 30329. Phone: housing payment benefits available to
examination, operating, or condition the individual or any household
404–639–7000. Email: cdcregulations@
reports prepared by, or on behalf of, or member.
cdc.gov.
for the use of an agency responsible for ‘‘Available housing’’ means any
the regulation or supervision of SUPPLEMENTARY INFORMATION: available, unoccupied residential
financial institutions, the respondent Background property, or other space for occupancy
may request confidential treatment in any seasonal or temporary housing,
This Order further extends the that would not violate federal, state, or
pursuant to exemption 8 of the Freedom
original temporary eviction moratorium local occupancy standards and that
of Information Act (FOIA).4 To the Order published on September 4, 2020,
extent a respondent submits nonpublic would not result in an overall increase
as initially extended by the of housing cost to such individual.
commercial or financial information Consolidated Appropriations Act, 2021,
which is both customarily and actually ‘‘Covered person’’ 2 means any tenant,
and further extended by the Order lessee, or resident of a residential
treated as private by the respondent, the published on January 29, 2021 set to
respondent may request confidential property who provides to their landlord,
expire on March 31, 2021, with the owner of the residential property, or
treatment pursuant to exemption 4 of modifications through June 30, 2021. other person with a legal right to pursue
the FOIA.5 Because of COVID–19, household
Current actions: On December 11, crowding and transmission, and the 1 For purposes of this Order, ‘‘person’’ includes
2020, the Board published an initial increased risk of individuals sheltering corporations, companies, associations, firms,
notice in the Federal Register (85 FR in close quarters in congregate settings partnerships, societies, and joint stock companies,
such as homeless shelters, which may as well as individuals.
80097) requesting public comment for 2 This definition is based on factors that are
60 days on the extension, without be unable to provide adequate social known to contribute to evictions and thus increase
revision, of the FR BB. The comment distancing as populations increase, the need for individuals to move into close quarters
period for this notice expired on extending the temporary halt on in new congregate or shared living arrangements or
evictions, subject to further extension, experience homelessness. Individuals who suffer
February 9, 2021. The Board did not job loss, have limited financial resources, are low
modification, or rescission, is
receive any comments. The Board income, or have high out-of-pocket medical
appropriate. expenses are more likely to be evicted for
adopted the extension, without revision, The Order is extended through June nonpayment of rent than others not experiencing
of the FR BB as originally proposed. 30, 2021 based on current and projected these factors. See Desmond, M., Gershenson, C.,
Board of Governors of the Federal Reserve epidemiological context of SARS-CoV–2 Who gets evicted? Assessing individual,
neighborhood, and network factors, Soc Sci Res.
System, March 25, 2021. transmission throughout the United 2017;62:362–377. doi:10.1016/
Michele Taylor Fennell, States. Although daily incidence of j.ssresearch.2016.08.017, (identifying job loss as a
Deputy Associate Secretary of the Board. COVID–19 decreased and plateaued possible predictor of eviction because renters who
between January and March 25, 2021, lose their jobs experience not only a sudden loss of
[FR Doc. 2021–06549 Filed 3–30–21; 8:45 am] income but also the loss of predictable future
widespread transmission continues at
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BILLING CODE 6210–01–P
income). According to one survey, over one quarter
high levels, making the Order still (26%) of respondents also identified job loss as the
necessary, especially given that primary cause of homelessness. See 2019 San
previous plateaus have led to secondary Francisco Homeless Count & Survey
Comprehensive Report, Applied Survey Research,
and tertiary phases of acceleration. at 22, https://hsh.sfgov.org/wp-content/uploads/
4 5 U.S.C. 552(b)(8). A copy of the Order is provided 2020/01/2019HIRDReport_SanFrancisco_
5 5 U.S.C. 552(b)(4). below. A copy of the signed Order and FinalDraft-1.pdf. (last viewed Mar. 24, 2021).
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16732 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices
eviction or a possessory action,3 a (4) The individual is using best efforts Background
declaration under penalty of perjury to make timely partial payments that are There is currently a pandemic of a
indicating that: as close to the full payment as the respiratory disease (‘‘COVID–19’’)
(1) The individual has used best individual’s circumstances may permit, caused by a novel coronavirus (SARS–
efforts to obtain all available taking into account other COV–2) that has now spread globally,
government assistance for rent or nondiscretionary expenses; and including cases reported in all fifty
housing; (5) Eviction would likely render the
(2) The individual either (i) earned no states within the United States, plus the
individual homeless—or force the District of Columbia and U.S. territories.
more than $99,000 (or $198,000 if filing individual to move into and live in
jointly) in Calendar Year 2020, or As of March 25, 2021, there have been
close quarters in a new congregate or almost 125 million cases of COVID–19
expects to earn no more than $99,000 in shared living setting—because the
annual income for Calendar Year 2021 globally, resulting in over 2,700,000
individual has no other available deaths.9 Over 29,700,000 cases have
(or no more than $198,000 if filing a housing options.
joint tax return),4 (ii) was not required been identified in the United States,
to report any income in 2020 to the U.S. ‘‘Evict’’ and ‘‘Eviction’’ means any with new cases reported daily, and over
Internal Revenue Service, or (iii) action by a landlord, owner of a 540,000 deaths due to the disease.10
received an Economic Impact Payment residential property, or other person Although transmission has decreased
(stimulus check).5 6 with a legal right to pursue eviction or since a peak in January 2021, the
(3) The individual is unable to pay the possessory action, to remove or cause current number of cases per day remains
full rent or make a full housing payment the removal of a covered person from a almost twice as high as the initial peak
due to substantial loss of household residential property. This definition also in April 2020 and transmission rates are
income, loss of compensable hours of does not prohibit foreclosure on a home similar to the second peak in July 2020.
work or wages, a lay-off, or mortgage. The virus that causes COVID–19
extraordinary 7 out-of-pocket medical ‘‘Residential property’’ means any spreads very easily and sustainably
expenses; property leased for residential purposes, between people who are in close contact
including any house, building, mobile with one another (within about 6 feet),
3 As used throughout this Order, this would home or land in a mobile home park,8 mainly through respiratory droplets
include, without limitation, an agent or attorney or similar dwelling leased for residential produced when an infected person
acting on behalf of the landlord or the owner of the purposes, but shall not include any coughs, sneezes, or talks. Individuals
residential property.
4 According to one study, the national two- hotel, motel, or other guest house rented without symptoms can also spread the
bedroom housing wage in 2020 was $23.96 per hour to a temporary guest or seasonal tenant virus.11 Among adults, the risk for
(approximately, $49,837 annually), meaning that an as defined under the laws of the state, severe illness from COVID–19 increases
hourly wage of $23.96 was needed to afford a territorial, tribal, or local jurisdiction. with age, with older adults at highest
modest two-bedroom house without spending more
than 30% of one’s income on rent. The hourly wage ‘‘State’’ shall have the same definition risk. Severe illness means that persons
needed in Hawaii (the highest cost U.S. State for as under 42 CFR 70.1, meaning ‘‘any of with COVID–19 may require
rent) was $38.76 (approximately $80,621 annually). the 50 states, plus the District of hospitalization, intensive care, or a
See Out of Reach: How Much do you Need to Earn ventilator to help them breathe, and
to Afford a Modest Apartment in Your State?, Columbia.’’
National Low Income Housing Coalition, https:// ‘‘U.S. territory’’ shall have the same may be fatal. People of any age with
reports.nlihc.org/oor (last visited Mar. 23, 2021). As definition as under 42 CFR 70.1, certain underlying medical conditions
further explained herein, because this Order is
meaning ‘‘any territory (also known as (e.g. cancer, obesity, serious heart
intended to serve the critical public health goal of conditions, or diabetes) are at increased
preventing evicted individuals from potentially possessions) of the United States,
contributing to the interstate spread of COVID–19 including American Samoa, Guam, the risk for severe illness from COVID–19.12
through movement into close quarters in new Northern Mariana Islands, the COVID–19 presents a historic threat to
congregate, shared housing settings, or though
Commonwealth of Puerto Rico, and the public health, and COVID–19 cases have
homelessness, the higher income thresholds listed been detected in every county in the
here have been determined to better serve this goal. U.S. Virgin Islands.’’
5 ‘‘Stimulus check’’ includes payments made continental United States.13 Between
pursuant to Section 2201 of the CARES Act, to Statement of Intent December 2020 and January 2021, the
Section 9601 of the American Rescue Plan Act of number of deaths per day from COVID–
2021, or to any similar federally authorized This Order shall be interpreted and
19 consistently exceeded any other
payments made to individual natural persons in implemented in a manner as to achieve
2020 and 2021. Eligibility for the 2020 or 2021 the following objectives: 9 COVID–19 Dashboard by the Center for Systems
stimulus checks has been based on an income that
is equal to or lower than the income thresholds • Mitigating the spread of COVID–19 Science and Engineering (CSSE) at Johns Hopkins
described above and does not change or expand within crowded, congregate or shared University (JHU), Johns Hopkins Coronavirus
who is a covered person under this Order since it living settings, or through unsheltered Resource Center, https://coronavirus.jhu.edu/
was entered into on September 4, 2020. map.html (last visited Mar. 25, 2021).
6 A person is likely to qualify for protection under
homelessness; 10 COVID Data Tracker, Centers for Disease
this Order if they receive the following benefits: (a) • Mitigating the further spread of Control and Prevention, https://covid.cdc.gov/
Temporary Assistance for Needy Families (TANF); COVID–19 from one state or territory covid-data-tracker/#datatracker-home (last visited
(b) Supplemental Nutrition Assistance Program into any other state or territory; Mar. 25, 2021).
11 Johansson MA, Quandelacy TM, Kada S, et al.
(SNAP); (c) Supplemental Security Income (SSI); or
(d) Supplemental Security Disability Income (SSDI) • Mitigating the further spread of SARS–CoV–2 Transmission From People Without
to the extent that income limits for these programs COVID–19 by temporarily suspending COVID–19 Symptoms. JAMA Netw Open.
are less than or equal to the income limits for this the eviction of covered persons from 2021;4(1):e2035057. doi:10.1001/
Order. However, it is the individual’s responsibility jamanetworkopen.2020.35057
residential property for nonpayment of 12 People with Certain Medical Conditions,
to verify that their income is within the income
rent; and
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limits described. Centers for Disease Control and Prevention, https://
7 Extraordinary expenses are defined as those that • Supporting response efforts to www.cdc.gov/coronavirus/2019-ncov/need-extra-
prevented you from paying some or all of your rent COVID–19 at the federal, state, local, precautions/people-with-medical-conditions.html
or providing for other basic necessities like food (last updated Mar. 15, 2021).
territorial, and tribal levels. 13 US COVID–19 cases and deaths by state,
security. To qualify as an extraordinary medical
expense, the unreimbursed medical expense is on USAFacts, https://usafacts.org/visualizations/
that is likely to exceed 7.5% of one’s adjusted gross 8 Mobile home parks may also be referred to as coronavirus-covid-19-spread-map/ (last visited Mar.
income for the year. manufactured housing communities. 24, 2021).
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Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16733
cause.14 Although transmission levels those targeted in this Order, to higher- unemployed.24 The persistent spread of
have decreased since January, between than-average COVID–19 rates.18 COVID–19 continues to necessitate
February 25 and March 25, 2021, the In recent months, new variants of preventive action.
daily incidence of COVID–19 remained SARS–CoV–2 have also emerged In the context of a pandemic, eviction
comparable to the summer peak of moratoria—like quarantine, isolation,
globally.19 Epidemiological evaluation
transmission in July 2020, which is and social distancing—can be an
of these variants shows increased
higher than the daily incidence when effective public health measure utilized
transmissibility as well as possible
the Order initially took effect in to prevent the spread of communicable
increased mortality. The current
September, 2020. Furthermore, 37% of disease. Eviction moratoria facilitate
substantial levels of transmission and
counties in the United States are self-isolation by people who become ill
the emergence of variants highlight the or who are at risk for severe illness from
categorized as experiencing ‘‘high’’ persistent and dynamic nature of the COVID–19 due to an underlying
transmission (over 100 cases per pandemic and the need for continued medical condition. They also allow state
100,000 people or greater than 10% test protections. and local authorities to more easily
positivity) and an additional 30% of To respond to this public health implement, as needed, stay-at-home and
counties are categorized as experiencing threat, Federal, state, and local social distancing directives to mitigate
‘‘substantial’’ transmission (50–99.99 governments have taken unprecedented the community spread of COVID–19.
cases per 100,000 people or 8–9.99% or exceedingly rare actions, including Congress passed the Coronavirus Aid,
test positivity).15 No counties are border closures, restrictions on travel, Relief, and Economic Security (CARES)
currently considered free of spread, and stay-at-home orders, mask requirements, Act (Pub. L. 116–136) to aid individuals
only 8% of counties are considered to and eviction moratoria. In particular, and businesses adversely affected by
have low transmission.16 the COVID–19 pandemic has triggered COVID–19 in March 2020. Section 4024
Two-dose mRNA COVID–19 unprecedented restrictions on interstate of the CARES Act provided a 120-day
vaccination became available in and foreign travel. For example, many moratorium on eviction filings as well
December 2020 and as of March 27, states require travelers arriving from as other protections for tenants in
2021 over 50 million people in the other states to obtain negative test certain rental properties with federal
United States (more than 15% of the results and/or quarantine upon assistance or federally related financing.
population) have been fully arrival.20 For international travel, all These protections helped alleviate the
immunized.17 In February 2021, a single passengers age two or older—including public health consequences of tenant
U.S. citizens—must obtain a negative displacement during the COVID–19
dose COVID–19 vaccine also became
test result or show proof of recovery pandemic. The CARES Act eviction
available. CDC continues to update
before they may board a flight to the moratorium expired on July 24, 2020.
guidance for COVID–19 precautions
United States.21 Despite the need for The protections in the CARES Act
among individuals who have been fully supplemented temporary eviction
vaccinated; however, currently there are travel precautions, airport use has
increased in recent weeks, leading to moratoria and rent freezes implemented
no recommended changes to COVID–19 by governors and other local officials
prevention recommendations related to heightened concerns of interstate
transmission.22 SARS–CoV–2 using emergency powers. Researchers
activities in public, such as avoiding estimated that this temporary federal
crowded and poorly ventilated places. transmission, behavior change, and
travel restrictions have devastated moratorium provided relief to a material
This is particularly important given portion of the nation’s roughly 43
continued transmission. Even as industries that depend on the movement
of people, such as the travel, leisure, million renters.25 The CARES act also
COVID–19 vaccines continue to be provided funding streams for emergency
and hospitality.23 Ten months after the
distributed, it remains critical to rental assistance; surveys estimate that
initial wave of closures due to COVID–
maintain COVID–19 precautions to this assistance became available to the
19, over 16 percent of the hospitality
avoid further rises in transmission and public through rental assistance
and leisure sector’s labor force was
to guard against yet another increase in programs by July 2020.26
the rates of new infections. It is 18 COVID Data Tracker, Centers for Disease
The federal moratorium provided by
important to note that despite higher Control and Prevention, https://covid.cdc.gov/
the CARES Act, however, did not reach
rates of vaccine coverage, the covid-data-tracker/#datatracker-home (last visited all renters. Many renters who fell
simultaneous roll-back of community Mar. 25, 2021). outside the scope of the Federal
mitigation efforts may continue to 19 Abdool Karim SS, de Oliveira T. New SARS–
moratorium were instead protected
CoV–2 Variants—Clinical, Public Health, and under state and local moratoria. In
expose vulnerable populations, such as Vaccine Implications [published online ahead of
those targeted in this Order, to higher- print, 2021 Mar 24]. N Engl J Med. 2021;10.1056/ August, it was estimated that as many
than-average COVID–19 rates. It is NEJMc2100362. doi:10.1056/NEJMc2100362. as 30–40 million people in America
important to note that despite higher 20 Travel During COVID–19, Centers for Disease could be at risk of eviction.27 In early
Control and Prevention, https://www.cdc.gov/
rates of vaccine coverage, the coronavirus/2019-ncov/travelers/travel-during- 24 Labor Force Statistics from the Current
simultaneous roll-back of community covid19.html (last updated Feb. 16, 2021). Population Survey, U.S. Bureau of Labor Statistics,
mitigation efforts may continue to 21 Id.
https://www.bls.gov/web/empsit/cpseea31.htm (last
expose vulnerable populations, such as 22 Cecelia Smith-Schoenwalder, CDC Urges updated Mar. 5, 2021).
Americans to Avoid Travel as Airport Screenings 25 See CARES Act Eviction Moratorium,
Approach Pandemic Peak, U.S. News, https:// Congressional Research Service, https://
14 Woolf SH, Chapman DA, Lee JH. COVID–19 as
www.usnews.com/news/health-news/articles/2021- crsreports.congress.gov/product/pdf/IN/IN11320
the Leading Cause of Death in the United States. 03-22/cdc-urges-americans-to-avoid-travel-as- (last visited Mar. 23, 2021).
JAMA. 2021;325(2):123–124. doi:10.1001/
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airport-screenings-approach-pandemic-peak (last 26 Vincent Reina et al., COVID–19 Emergency
jama.2020.24865. visited Mar. 26, 2021). Rental Assistance: Analysis of a National Survey of
15 COVID–19 Integrated County View, Centers for 23 Aaron Klein & Ember Smith, Explaining the Programs, Research Brief, https://nlihc.org/sites/
Disease Control and Prevention, https:// economic impact of COVID–19: Core industries and default/files/HIP_NLIHC_Furman_Brief_FINAL.pdf
covid.cdc.gov/covid-data-tracker/#county-view (last the Hispanic workforce, Brookings Institute, https:// (last visited Mar. 26, 2021).
visited Mar. 22, 2021). www.brookings.edu/research/explaining-the- 27 See Emily Benfer et al., The COVID–19 Eviction
16 Id.
economic-impact-of-covid-19-core-industries-and- Crisis: An Estimated 30–40 Million People in
17 Id. the-hispanic-workforce/ (last visited Mar. 23, 2021). Continued
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16734 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices
March, 2021, the Census Household September, suggesting high demand and if recommendations are not followed,
Pulse Survey estimated that over 4 likelihood of mass evictions.31 lead to exposures.
million adults who are not current on Preliminary modeling projections and
Eviction and Risk of COVID–19
rent perceive that they are at imminent observational data from COVID–19
Transmission
risk of eviction.28 A wave of evictions incidence comparisons across states that
on that scale would be unprecedented Evicted renters must move, which implemented and lifted eviction
in modern times.29 A large portion of leads to multiple outcomes that increase moratoria indicate that evictions
those who are evicted may move into the risk of COVID–19 spread. substantially contribute to COVID–19
close quarters in shared housing or, as Specifically, many evicted renters move transmission. In mathematical models
discussed below, become homeless, into close quarters in shared housing or where eviction led exclusively to
thus becoming at higher risk of COVID– other congregate settings. According to sharing housing with friends or family,
19. the Census Bureau American Housing lifting eviction moratoria led to a 40%
Survey, 32% of renters reported that increased risk of contracting COVID–19
On September 4, 2020, the CDC
they would move in with friends or among people who were evicted and
Director issued an Order temporarily
family members upon eviction, which those with whom they shared housing
halting evictions in the United States for
would introduce new household after eviction (pre-peer review).
the reasons described therein. That
members and potentially increase Compared to a scenario where no
Order was set to expire on December 31,
household crowding. Studies show that evictions occurred, the models also
2020, subject to further extension,
COVID–19 transmission occurs readily predicted a 5–50% increased risk of
modification, or rescission. Section 502
within households. The secondary infection, even for those who did not
of Title V, Division N of the
attack rate in households has been share housing, as a result of increased
Consolidated Appropriations Act, 2021
estimated to be 17%, and household overall transmission. The authors
extended the Order until January 31,
contacts are estimated to be 6 times estimated that anywhere from 1,000 to
2021. With the extension of the Order, more likely to become infected by an
Congress also provided $25 billion for 100,000 excess cases per million
index case of COVID–19 than other population could be attributable to
emergency rental assistance for the close contacts. A study of pregnant
payment of rent and rental arrears. evictions depending on the eviction and
women in New York City showed that infection rates.
Congress later provided an additional women in large households (greater
$21.55 billion in emergency rental An analysis of observational data from
number of residents per household)
assistance when it passed the American state-based eviction moratoria in the 43
were three times as likely to test
Rescue Plan. states and the District of Columbia
positive for SARS–CoV–2 than those in
On January 29, 2021, following an showed significant increases in COVID–
smaller households, and those in
assessment of the ongoing pandemic, 19 incidence and mortality
neighborhoods with greater household
the CDC Director renewed the Order approximately 2–3 months after eviction
crowding (≤1 resident per room) were
until March 31, 2021. This Order further moratoria were lifted (pre-peer review).
twice as likely to test positive.
extends and modifies the prior Eviction Specifically, the authors compared the
Throughout the United States,
Moratoria until June 30, 2021, for the COVID–19 incidence and mortality rates
counties with the highest proportion of
reasons described herein, subject to in states that lifted their moratoria with
crowded households have experienced
revision based on the changing public the rates in states that maintained their
COVID–19 mortality rates 2.6 times
health landscape. To the extent any moratoria. In these models, the authors
those of counties with the lowest
provision of this Order conflicts with controlled for time-varying indicators of
proportion of crowded households.
prior Orders, this Order is controlling. each state’s test count as well as major
Shared housing is not limited to public-health interventions including
Researchers estimate that, in 2020, friends and family. It includes a broad lifting stay-at-home orders, school
Federal, state, and local eviction range of settings, including transitional closures, and mask mandates. After
moratoria led to over one million fewer housing and domestic violence and adjusting for these other changes, they
evictions than the previous year.30 abuse shelters. Special considerations found that the incidence of COVID–19
Additional research shows that, despite exist for such housing because of the in states that lifted their moratoria was
the CDC eviction moratorium leading to challenges of maintaining social 1.6 times that of states that did not at
an estimated 50% decrease in eviction distance. Residents often gather closely 10 weeks post-lifting (95% CI 1.0, 2.3),
filings compared to the historical or use shared equipment, such as a ratio that grew to 2.1 at ≥16 weeks (CI
average, there have still been over kitchen appliances, laundry facilities, 1.1, 3.9). Similarly, they found that
100,000 eviction filings since stairwells, and elevators. Residents may mortality in states that lifted their
have unique needs, such as disabilities, moratoria was 1.6 times that of states
America are at Risk, Aspen Institute, https:// chronic health conditions, cognitive that did not at 7 weeks post-lifting (CI
www.aspeninstitute.org/blog-posts/the-covid-19- decline, or limited access to technology, 1.2, 2.3), a ratio that grew to 5.4 at ≥16
eviction-crisis-an-estimated-30-40-million-people- and thus may find it more difficult to
in-america-are-at-risk/ (last visited Mar. 23, 2021). weeks (CI 3.1, 9.3). The authors
28 Household Pulse Survey, United States Census
take actions to protect themselves from estimated that, nationally, over 433,000
Bureau, https://www.census.gov/data-tools/demo/ COVID–19. CDC recommends that cases of COVID–19 and over 10,000
hhp/#/?measures=EVR (last visited Mar. 25, 2021). shelters provide new residents with a deaths could be attributed to lifting state
29 As a baseline, approximately 900,000 renters clean mask, keep them isolated from moratoria.32
are evicted every year in the United States. others, screen for symptoms at entry, or
Princeton University Eviction Lab. National
arrange for medical evaluations as
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Estimates: Eviction in America, The Eviction Lab: 32 Leifheit, Kathryn M. and Linton, Sabriya L. and
Princeton University, https://evictionlab.org/ needed depending on symptoms. Raifman, Julia and Schwartz, Gabriel and Benfer,
national-estimates/ (last visited Mar. 24, 2021). Accordingly, an influx of new residents Emily and Zimmerman, Frederick J and Pollack,
30 Pete Hepburn & Renee Louis, Preliminary
at facilities that offer support services Craig, Expiring Eviction Moratoriums and COVID–
Analysis: Six Months of the CDC Eviction could potentially overwhelm staff and, 19 Incidence and Mortality (November 30, 2020).
Moratorium, The Eviction Lab: Princeton Available at SSRN: https://ssrn.com/
University, https://evictionlab.org/six-months-cdc/ abstract=3739576 or http://dx.doi.org/10.2139/
(last visited Mar. 26, 2021). 31 Id. ssrn.3739576.
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Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16735
Although data are limited, available 36% of shelter residents. COVID–19 people to move, often into close quarters
evidence suggests evictions lead to testing in a single shelter in San in new shared housing settings with
interstate spread of COVID–19 in two Francisco led to the identification of 101 friends or family, or congregate settings
ways. First, an eviction may lead the cases (67% of those tested). Data from such as homeless shelters. The ability of
evicted members of a household to 557 universal diagnostic testing events these settings to adhere to best practices,
move across state lines. Of the 35 at homeless shelters in 21 states show such as social distancing and other
million Americans who move each year, an average of 6% positivity among infection control measures, decreases as
15% move to a new state. Second, even shelter clients. Data comparing the populations increase.
if a particular eviction, standing alone, incidence or severity of COVID–19
Modifications
would not always result in interstate among people experiencing
displacement, the mass evictions that homelessness directly to the general In addition to extending the effective
would occur in the absence of this population are limited. However, during period of the prior orders, this Order
Order would inevitably increase the the 15-day period of the outbreak in makes several modifications. A
interstate spread of COVID–19. This Boston, MA, researchers estimated a description of each modification
Order cannot effectively mitigate cumulative incidence of 46.3 cases of follows:
interstate transmission of COVID–19 COVID–19 per 1000 persons CDC added a statement in the
without covering intrastate evictions, as experiencing homelessness, as ‘‘Statement of Intent’’ section consistent
the level of spread of SARS-CoV–2 compared to 1.9 cases per 1000 among with the clarification of the ‘‘Evict’’ and
resulting from these evictions can lead Massachusetts adults (pre-print). ‘‘Eviction’’ definitions. The statement
to SARS-CoV–2 transmission across CDC guidance recommends increasing now specifically clarifies that one
state borders. Moreover, intrastate physical distance between beds in intended purpose of this Order is to
spread facilitates interstate spread in the homeless shelters. To adhere to this mitigate the spread of COVID–19 by
context of communicable disease guidance, shelters have limited the temporarily suspending the eviction of
spread, given the nature of infectious number of people served throughout the covered persons from residential
disease. In the aggregate, the mass-scale United States. In many places, property for nonpayment of rent.
evictions that will likely occur in the considerably fewer beds are available to CDC modified the ‘‘Applicability’’
absence of this Order will inevitably individuals who become homeless. section to add the following points:
increase interstate spread of COVID–19. Shelters that do not adhere to the A signed declaration submitted under
guidance, and operate at ordinary or a previous order remains valid
Eviction, Homelessness, and Risk of increased occupancy, are at greater risk notwithstanding the issuance of this
Severe Disease From COVID–19 for the types of outbreaks described extended and modified order, and
Evicted individuals without access to above. The challenge of mitigating covered persons do not need to submit
support or other assistance options may disease transmission in homeless a new declaration under this Order.
become homeless, including older shelters has been compounded because Evictions for nonpayment of rent
adults or those with underlying medical some organizations have chosen to stop initiated prior to September 4, 2020, but
conditions, who are more at risk for or limit volunteer access and not yet completed are subject to this
severe illness from COVID–19 than the participation. Order, but those that were completed
general population. In Seattle-King In the context of the current before September 4, 2020, are not
County, 5–15% of people experiencing pandemic, large increases in evictions subject to the Order. While the Order
homelessness between 2018 and 2020 resulting in homelessness could have at does not prohibit evictions for engaging
cited eviction as the primary reason for least two potential negative in criminal activity while on the leased
becoming homeless. Additionally, some consequences. One is if homeless premises, covered persons may not be
individuals and families who are shelters increase occupancy in ways evicted on the sole basis that they are
evicted may originally stay with family that increase the exposure risk to alleged to have committed the crime of
or friends, but subsequently seek COVID–19. The other is if homeless trespass (or similar state-law offense)
homeless services. Among people who shelters limit new admissions, leading where the underlying activity is a
entered shelters throughout the United to increases in unsheltered covered person remaining in a
States in 2017, 27% were staying with homelessness, which is associated with residential property despite
family or friends beforehand. significantly heightened risk of nonpayment of rent. Individuals who
People experiencing homelessness are mortality generally. Neither are confirmed to have, who have been
at high risk for COVID–19. It may be consequence is in the interest of the exposed to, or who might have COVID–
more difficult for these persons to public health. 19 and take reasonable precautions to
consistently access the necessary Additionally, research suggests that not spread the disease should not be
resources to adhere to public health the population of persons who would be evicted on grounds that they pose a
recommendations to prevent COVID–19. evicted and those experiencing health or safety threat to other residents.
For instance, it may not be possible to homelessness may be at risk of severe Even if a particular eviction, standing
avoid certain congregate settings such as disease from COVID–19. Five studies alone, would not always result in
homeless shelters, or easily access have shown an association between interstate displacement, the mass
facilities to engage in handwashing with eviction and hypertension, which has evictions that would occur in the
soap and water. been associated with more severe absence of this Order would inevitably
Extensive outbreaks of COVID–19 outcomes from COVID–19. Also, people increase the interstate spread of COVID–
have been identified in homeless experiencing homelessness often have 19. Moreover, increases in intrastate
shelters. In Seattle, Washington, a underlying conditions that increase spread further facilitate interstate spread
jbell on DSKJLSW7X2PROD with NOTICES
network of three related homeless their risk of severe outcomes of COVID– in the context of communicable disease
shelters experienced an outbreak that 19. Among patients with COVID–19, spread.
led to 43 cases among residents and staff homelessness has been associated with The ‘‘Background,’’ ‘‘Eviction and
members. In Boston, Massachusetts, increased likelihood of hospitalization. Risk of COVID–19 Infection’’ and
universal COVID–19 testing at a single In short, evictions threaten to increase ‘‘Eviction, Homelessness, and Risk of
shelter revealed 147 cases, representing the spread of COVID–19 as they force Severe Disease from COVID–19’’
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16736 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices
subsections have been revised to reflect precludes the charging or collecting of resident of a residential property
updated epidemiological and other fees, penalties, or interest as a result of remaining in a residential property
relevant information in support of this the failure to pay rent or other housing despite the nonpayment of rent, such
Order. payment on a timely basis, under the invocation conflicts with this Order and
CDC added a new section titled terms of any applicable contract. is preempted pursuant to 42 U.S.C.
‘‘Declaration Forms’’ with the following Nothing in this Order precludes 264(e).
points: evictions based on a tenant, lessee, or Individuals who are confirmed to
To qualify as a covered person eligible resident: (1) Engaging in criminal have, who have been exposed to, or who
for the protections of this Order, a activity while on the premises; (2) might have COVID–19 and take
tenant, lessee, or resident of a threatening the health or safety of other reasonable precautions to not spread the
residential property must provide a residents; 33 (3) damaging or posing an disease may not be evicted on grounds
completed and signed copy of a immediate and significant risk of that they may pose a health or safety
declaration with the elements listed in damage to property; (4) violating any threat to other residents.
the definition of ‘‘Covered Person’’ to applicable building code, health The Order is extended through June
their landlord, owner of the residential ordinance, or similar regulation relating 30, 2021, based on the current and
property where they live, or other to health and safety; or (5) violating any projected epidemiological context of
person who has a right to have them other contractual obligation, other than SARS-CoV–2 transmission throughout
evicted or removed. the timely payment of rent or similar the United States. Although daily
Tenants, lessees, or residents of a housing-related payment (including incidence of COVID–19 decreased and
residential property may use any non-payment or late payment of fees, plateaued between January and March
written document in place of the penalties, or interest). 25, 2021, widespread transmission
Declaration Form if it includes the A signed declaration submitted under continues at high levels, making the
required information as in the Form, is a previous order remains valid Order still necessary, especially given
signed, and includes a perjury notwithstanding the issuance of this that previous plateaus have led to
statement. extended and modified order, and secondary and tertiary phases of
Tenants, lessees, or residents of a covered persons do not need to submit acceleration. Furthermore, the number
residential property can use a form a new declaration under this Order. of deaths per day continues at levels
translated into other Languages. Any evictions for nonpayment of rent comparable to or higher than when this
In some circumstances, it may be initiated prior to September 4, 2020, but Order was established in September
appropriate for one member of the not yet completed, are subject to this 2020.34 This 90-day extension will
residence to provide an executed Order. Any tenant, lessee, or resident of allow the assessment of natural changes
declaration on behalf of the other adult a residential property who qualifies as to COVID–19 incidence, the influences
residents who are party to the lease, a ‘‘Covered Person’’ and is still present of new variants, and the expansion of
rental agreement, or housing contract. in a rental unit is entitled to protections COVID–19 vaccine coverage to
CDC modified the ‘‘Findings and under this Order. Any eviction that was determine if there is a continued need
Action’’ section to, among other things, completed prior to September 4, 2020, for a national eviction moratorium.
further explain that this Order is not a is not subject to this Order.
Under this Order, covered persons Declaration Forms
rule within the meaning of the
Administrative Procedure Act and, to may be evicted for engaging in criminal To qualify for the protections of this
the extent a court finds that the Order activity while on the premises. But Order, a tenant, lessee, or resident of a
qualifies as a rule, there is good cause covered persons may not be evicted on residential property must provide a
to dispense with prior public notice and the sole basis that they are alleged to completed and signed copy of a
comment. have committed the crime of trespass (or declaration with the elements listed in
similar state-law offense) where the the definition of ‘‘Covered person’’ to
Applicability underlying activity is a covered person their landlord, owner of the residential
This Order does not apply in any remaining in a residential property for property where they live, or other
state, local, territorial, or tribal area with nonpayment of rent. Permitting such person who has a right to have them
a moratorium on residential evictions evictions would result in substantially evicted or removed from where they
that provides the same or greater level more evictions overall, thus increasing live. To assist tenants and landlords, the
of public-health protection than the the risk of disease transmission as CDC created a standardized declaration
requirements listed in this Order or to otherwise covered persons move into form that can be downloaded here:
the extent its application is prohibited congregate settings or experience https://www.cdc.gov/coronavirus/2019-
by federal court order. In accordance homelessness. This result would be ncov/downloads/declaration-form.pdf.
with 42 U.S.C. 264(e), this Order does contrary to the stated objectives of this Tenants, lessees, and residents of
not preclude state, local, territorial, and Order, and therefore would diminish residential property are not obligated to
tribal authorities from imposing their effectiveness. Moreover, to the use the CDC form. Any written
additional requirements that provide extent such criminal trespass laws are document that an eligible tenant, lessee,
greater public-health protection and are invoked to establish criminal activity or residents of residential property
more restrictive than the requirements solely based on a tenant, lessee, or presents to their landlord will comply
in this Order. with this Order, as long as it contains
This Order is a temporary eviction 33 Individuals who might have COVID–19 are
the required elements of ‘‘Covered
moratorium to prevent the further advised to stay home except to get medical care. person’’ as described in this order. In
Accordingly, individuals who might have COVID–
spread of COVID–19. This Order does addition, tenants, lessees, and residents
jbell on DSKJLSW7X2PROD with NOTICES
19 and take reasonable precautions to not spread
not relieve any individual of any the disease should not be evicted on the ground that
obligation to pay rent, make a housing they may pose a health or safety threat to other 34 Trends in Number of COVID–19 Cases and
payment, or comply with any other residents. See What to Do if You are Sick, Centers Deaths in the US Reported to CDC, by State/
for Disease Control and Prevention, https:// Territory, Centers for Disease Control and
obligation that the individual may have www.cdc.gov/coronavirus/2019-ncov/if-you-are- Prevention, https://covid.cdc.gov/covid-data-
under a tenancy, lease, or similar sick/steps-when-sick.html (last updated Mar. 17, tracker/#trends_dailytrendsdeaths (last visited Mar.
contract. Nothing in this Order 2021). 22, 2021).
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Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16737
of residential property are allowed to 4, 2020 Order is hereby modified and since January, between February 25,
declare in writing that they meet the extended through June 30, 2021. 2021 and March 25, 2021, the daily
elements of covered person in other Accordingly, a landlord, owner of a incidence of COVID–19 remained
languages. residential property, or other person comparable to the summer peak of
All declarations, regardless of form with a legal right to pursue eviction or transmission in July 2020. Daily
used, must be signed, and must include possessory action shall not evict any incidence in the last 30 days has
a statement that the tenant, lessee, or covered person from any residential remained consistently higher than the
resident of a residential property property in any state or U.S. territory in daily incidence when the Order took
understands that they could be liable for which there are documented cases of effect in September 2020. Furthermore,
perjury for any false or misleading COVID–19 that provides a level of 37% of counties in the United States are
statements or omissions in the public-health protections below the categorized as experiencing ‘‘high’’
declaration. This Order does not requirements listed in this Order. transmission (over 100 cases per
preclude a landlord challenging the This Order is not a rule within the 100,000 people or greater than 10% test
truthfulness of a tenant’s, lessee’s, or meaning of the Administrative positivity) and an additional 30% of
resident’s declaration in court, as Procedure Act (APA) but rather an counties are categorized as experiencing
permitted under state or local law. emergency action taken under the ‘‘substantial’’ transmission (50–99.99
In certain circumstances, such as existing authority of 42 CFR 70.2. The cases per 100,000 people or 8–9.99%
individuals filing a joint tax return, it purpose of section 70.2, which was test positivity). No counties are
may be appropriate for one member of promulgated through notice-and- currently considered free of spread, and
the residence to provide an executed comment rulemaking, is to enable CDC only 8% of counties are considered to
declaration on behalf of the other adult to take swift steps to prevent contagion have low transmission. Because of these
residents party to the lease, rental without having to seek a second round reasons and because the current
agreement, or housing contract. The of public comments and without a delay extension is set to expire on March 31,
declaration may be signed and in effective date.36 2021, I hereby conclude that immediate
transmitted either electronically or by In the event that this Order qualifies action is again necessary without prior
hard copy. as a rule under the APA, notice and notice and comment and without a
comment and a delay in effective date delay in the effective date.
Findings and Action are not required because there is good The rapidly changing nature of the
For the reasons described herein, I am cause to dispense with prior public pandemic requires not only that CDC act
extending and modifying the September notice and comment and the swiftly, but also deftly to ensure that its
4, 2020 Order, as extended by section opportunity to comment on this Order actions are commensurate with the
502 of Title V, Division N of the and the delay in effective date. See 5 threat. This necessarily involves
Consolidated Appropriations Act, 2021 U.S.C. 553(b)(3)(B). Considering the assessing evolving conditions that
and further extended by the January 29, public health emergency caused by inform CDC’s determinations.
2021 Order. I have determined that COVID–19, it would be impracticable Although the pandemic is dynamic
extending the temporary halt in and contrary to the public health, and and the situation evolves over time, the
evictions in this Order constitutes a by extension the public interest, to fundamental public health threat that
reasonably necessary measure under 42 delay the issuance and effective date of existed on September 4, 2020, and
CFR 70.2 to prevent the further spread this Order. January 29, 2021—the risk of large
of COVID–19 throughout the United In the September 4, 2020 Order, the numbers of residential evictions
States. I have further determined that previous CDC Director determined that contributing to the spread of COVID–19
good cause existed because the public throughout the United States—
measures by states, localities, or
health emergency caused by COVID–19 continues to exist. Without this Order,
territories that do not meet or exceed
made it impracticable and contrary to there is every reason to expect that
these minimum protections are
the public health, and by extension the evictions will increase. It is imperative
insufficient to prevent the interstate
public interest, to delay the issuance that public health authorities act
spread of COVID–19.35
and effective date of the Order. The quickly to help ward off an
Based on the convergence of COVID–
previous Director also found that a unprecedented wave of evictions, which
19, household crowding and
delay in the effective date of the Order would threaten new spikes in SARS-
transmission, and the increased risk of
would permit the occurrence of CoV–2 transmission at a critical
individuals sheltering in close quarters
evictions—potentially on a mass scale— juncture in fight against COVID–19.
in congregate settings such as homeless Such mass evictions and the attendant
shelters, which may be unable to that would have potentially significant
consequences. For these reasons, the public-health consequences would be
provide adequate social distancing as very difficult, if not impossible, to
populations increase, I have determined previous Director concluded that the
delay in the effective date of the Order reverse. It would be impracticable and
that extending the temporary halt on contrary to the public interest to delay
evictions is appropriate. would defeat the purpose of the Order
and endanger the public health and, the issuance and effective date of the
Therefore, under 42 CFR 70.2, subject Order pending notice-and-comment
to the limitations under the therefore, determined that immediate
action was necessary. As a result, the rulemaking for the reasons described
‘‘Applicability’’ section, the September herein, and because of the ever-
previous Director issued the Order
without prior notice and comment and changing landscape of the pandemic
35 In the United States, public health measures are
without a delay in the effective date. I and the uncertainty of whether Congress
implemented at all levels of government, including
made similar findings in the January 29, would grant another extension as it did
jbell on DSKJLSW7X2PROD with NOTICES
the federal, state, local, and tribal levels. Publicly-
available compilations of pending measures 2021 Order. in December 2020.
indicate that eviction moratoria and other As noted above, although Similarly, if this Order qualifies as a
protections from eviction have expired or are set to rule under the APA, the Office of
expire in many jurisdictions. COVID–19 Housing transmission levels have decreased
Policy Scorecard, The Eviction Lab: Princeton
Information and Regulatory Affairs
University, https://evictionlab.org/covid-policy- 36 Chambless Enters., LLC v. Redfield, No. 20– (OIRA) has determined that it would be
scorecard/ (last visited Mar. 23, 2021). 1455, 2020 WL 7588849, (W.D. La. 2020). an economically significant regulatory
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16738 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices
action pursuant to Executive Order Notice of Available Federal Resources HUD stands at the ready to support
12866 and a major rule under the While this Order to prevent eviction American communities take these steps
Congressional Review Act (CRA). But is effectuated to protect the public to reduce the spread of COVID–19 and
there would not be a delay in its health, the states and units of local maintain economic prosperity. For
effective date. CDC has determined that government are reminded that the program support, including technical
for the same reasons, there would be Federal Government has deployed assistance, please visit
good cause under the CRA to make the unprecedented resources to address the www.hudexchange.info/program-
requirements herein effective pandemic, including housing assistance. support. For further information on
immediately. Thus, this action has been The Department of Housing and HUD resources, tools, and guidance
reviewed by OIRA. Urban Development (HUD), the available to respond to the COVID–19
Department of Agriculture, and pandemic, state and local officials are
If any provision of this Order, or the
Treasury have informed CDC that directed to visit https://www.hud.gov/
application of any provision to any
unprecedented emergency resources coronavirus. These tools include
persons, entities, or circumstances, shall
have been appropriated through various toolkits for Public Housing Authorities
be held invalid, the remainder of the and Housing Choice Voucher landlords
provisions, or the application of such Federal agencies that assist renters and
landlords during the pandemic, related to housing stability and eviction
provisions to any persons, entities, or prevention, as well as similar guidance
circumstances other than those to which including $46.55 billion to the Treasury
through the Consolidated for owners and renters in HUD-assisted
it is held invalid, shall remain valid and multifamily properties. Furthermore,
Appropriations Act of 2021 and the
in effect. tenants can visit consumerfinance.gov/
American Rescue Plan (ARP).
This Order shall be enforced by Furthermore, in 2020 44 states and 310 housing for up-to-date information on
federal authorities and cooperating state local jurisdictions allocated about $3.9 rent relief options, protections, and key
and local authorities through the billion toward emergency rental deadlines.
provisions of 18 U.S.C. 3559, 3571; 42 assistance, largely from funds Effective Date
U.S.C. 243, 268, 271; and 42 CFR 70.18. appropriated to Treasury and HUD from
However, this Order has no effect on the the Coronavirus Aid, Relief, and This Order is effective on April 1,
contractual obligations of renters to pay Economic Security (CARES).37 These 2021, and will remain in effect through
rent and shall not preclude charging or three rounds of federal appropriations June 30, 2021, subject to revision based
collecting fees, penalties, or interest as also provided substantial resources for on the changing public health
a result of the failure to pay rent or other homeless services, homeowner landscape.
housing payment on a timely basis, assistance, and supplemental stimulus Authority: The authority for this Order is
under the terms of any applicable and unemployment benefits that low Section 361 of the Public Health Service Act
contract. income renters used to pay rent. (42 U.S.C. 264) and 42 CFR 70.2.
Visit https://home.treasury.gov/ Dated: March 29, 2021.
Criminal Penalties policy-issues/cares/state-and-local- Sherri Berger,
Under 18 U.S.C. 3559, 3571; 42 U.S.C. governments for more information about Acting Chief of Staff, Centers for Disease
271; and 42 CFR 70.18, a person the Coronavirus Relief Fund and https:// Control and Prevention.
violating this Order may be subject to a home.treasury.gov/policy-issues/cares/ [FR Doc. 2021–06718 Filed 3–29–21; 4:15 pm]
fine of no more than $100,000 or one emergency-rental-assistance-program BILLING CODE 4163–18–P
for more information about the
year in jail, or both, if the violation does
Emergency Rental Assistance Program.
not result in a death, or a fine of no
HUD has further informed CDC that DEPARTMENT OF HEALTH AND
more than $250,000 or one year in jail,
forbearance policies for mortgages HUMAN SERVICES
or both if the violation results in a
backed by the federal government are in
death, or as otherwise provided by law. Centers for Disease Control and
effect until June 30, 2021, which
An organization violating this Order provide many landlords, especially Prevention
may be subject to a fine of no more than smaller landlords, with temporary relief
$200,000 per event if the violation does as new emergency rental assistance Notice of Re-Establishment of the
not result in a death or $500,000 per programs are deployed. Advisory Committee to the Director
event if the violation results in a death HUD, USDA and Treasury grantees Pursuant to Section 222 of the Public
or as otherwise provided by law. The and partners play a critical role in Health Service Act (42 U.S.C. 217a), as
U.S. Department of Justice may initiate prioritizing efforts to support this goal. amended and the Federal Advisory
criminal proceedings as appropriate As grantees decide how to deploy Committee Act, as amended (5 U.S.C.
seeking imposition of these criminal CDBG–CV and ESG–CV funds provided App), the Director, Centers for Disease
penalties. by the new funding from the CARES Control and Prevention (CDC),
Notice to Cooperating State and Local Act, Consolidated Appropriations Act of announces the re-establishment of the
Officials 2021, and ARP all communities should Advisory Committee to the Director,
assess what resources have already been Centers for Disease Control and
Under 42 U.S.C. 243, the U.S. allocated to prevent evictions and Prevention.
Department of Health and Human homelessness through temporary rental The Secretary, Department of Health
Services is authorized to cooperate with assistance and homelessness and Human Services (HHS) and by
and aid state and local authorities in the prevention, particularly to the most delegation, the Director, CDC, are
jbell on DSKJLSW7X2PROD with NOTICES
enforcement of their quarantine and vulnerable households. authorized under Sections 301 and 311
other health regulations and to accept of the Public Health Service Act, [42
37 Vincent Reina et al., COVID–19 Emergency
state and local assistance in the U.S.C. Sections 241 and 243], as
Rental Assistance: Analysis of a National Survey of
enforcement of federal quarantine rules Programs, Research Brief, https://nlihc.org/sites/
amended to: (1) Conduct, encourage,
and regulations, including in the default/files/HIP_NLIHC_Furman_Brief_FINAL.pdf cooperate with, and assist other
enforcement of this Order. (last visited Mar. 26, 2021). appropriate public authorities, scientific
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- www.govinfo.gov