Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (notice, 86 FR 34010, June 28, 2021)
Summary
A notice of the Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS), printed in the Federal Register as 86 FR 34010 (June 28, 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 July 31, 2021. The Order states that a landlord or other person with a legal right to pursue eviction or possessory action shall not evict any covered person from any residential property in a jurisdiction to which it applies. The contact named is Tiffany Brown, Deputy Chief of Staff. The same pages carry a Board of Governors notice listing applications.
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Cite this document
“Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (notice, 86 FR 34010, June 28, 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-e0a3e9e24f/
, SHA-256 a3ef30fc758708bfa14b4f967b07f82ad780c55d168699f1a201a15f5db1854f.Full text
34010 Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Notices
as a party to the Agreement; and in concert, to acquire voting shares of The Order is extended through July
removes all authority to jointly negotiate Lead Financial Group, Inc., and thereby 31, 2021 based on current and projected
or procure terminal services in the indirectly acquire voting shares of Lead epidemiological context of SARS-CoV–2
United States. Bank, both of Kansas City, Missouri. transmission throughout the United
Proposed Effective Date: 6/22/2021. Board of Governors of the Federal Reserve States.
Location: https://www2.fmc.gov/ System, June 23, 2021. A copy of the Order is provided
FMC.Agreements.Web/Public/ Michele Taylor Fennell, below. A copy of the signed Order and
AgreementHistory/1939. Declaration form can be found at:
Deputy Associate Secretary of the Board.
https://www.cdc.gov/coronavirus/2019-
Dated: June 23, 2021. [FR Doc. 2021–13745 Filed 6–25–21; 8:45 am]
ncov/covid-eviction-declaration.html.
Rachel E. Dickon, BILLING CODE P
Secretary. CENTERS FOR DISEASE CONTROL
[FR Doc. 2021–13751 Filed 6–25–21; 8:45 am] AND PREVENTION
BILLING CODE 6730–02–P DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND
HUMAN SERVICES HUMAN SERVICES
Centers for Disease Control and ORDER UNDER SECTION 361 OF THE
FEDERAL RESERVE SYSTEM PUBLIC HEALTH SERVICE ACT (42
Prevention
U.S.C. 264) AND 42 CODE OF
Change in Bank Control Notices;
Temporary Halt in Residential FEDERAL REGULATIONS 70.2
Acquisitions of Shares of a Bank or
Bank Holding Company Evictions To Prevent the Further TEMPORARY HALT IN RESIDENTIAL
Spread of COVID–19 EVICTIONS TO PREVENT THE
The notificants listed below have FURTHER SPREAD OF COVID–19
AGENCY: Centers for Disease Control and
applied under the Change in Bank
Prevention (CDC), Department of Health Summary
Control Act (Act) (12 U.S.C. 1817(j)) and
and Human Services (HHS).
§ 225.41 of the Board’s Regulation Y (12 Subject to the limitations under
CFR 225.41) to acquire shares of a bank ACTION: Agency Order.
‘‘Applicability,’’ a landlord, owner of a
or bank holding company. The factors SUMMARY: The Centers for Disease residential property, or other person 1
that are considered in acting on the Control and Prevention (CDC), located with a legal right to pursue eviction or
applications are set forth in paragraph 7 within the Department of Health and possessory action, shall not evict any
of the Act (12 U.S.C. 1817(j)(7)). Human Services (HHS) announces the covered person from any residential
The public portions of the extension of an Order under Section 361 property in any jurisdiction to which
applications listed below, as well as of the Public Health Service Act to this Order applies during the effective
other related filings required by the temporarily halt residential evictions to period of the Order.
Board, if any, are available for prevent the further spread of COVID–19.
immediate inspection at the Federal Definitions
DATES: This Order is effective July 1,
Reserve Bank(s) indicated below and at ‘‘Available government assistance’’
the offices of the Board of Governors. 2021, through July 31, 2021.
means any governmental rental or
This information may also be obtained FOR FURTHER INFORMATION CONTACT: housing payment benefits available to
on an expedited basis, upon request, by Tiffany Brown, Deputy Chief of Staff, the individual or any household
contacting the appropriate Federal Centers for Disease Control and member.
Reserve Bank and from the Board’s Prevention, 1600 Clifton Road NE, MS ‘‘Available housing’’ means any
Freedom of Information Office at H21–10, Atlanta, GA 30329. Phone: available, unoccupied residential
https://www.federalreserve.gov/foia/ 404–639–7000. Email: cdcregulations@ property, or other space for occupancy
request.htm. Interested persons may cdc.gov. in any seasonal or temporary housing,
express their views in writing on the SUPPLEMENTARY INFORMATION: that would not violate Federal, State, or
standards enumerated in paragraph 7 of local occupancy standards and that
the Act. Background would not result in an overall increase
Comments regarding each of these This Order further extends the of housing cost to such individual.
applications must be received at the original temporary eviction moratorium ‘‘Covered person’’ 2 means any tenant,
Reserve Bank indicated or the offices of Order published on September 4, 2020, lessee, or resident of a residential
the Board of Governors, Ann E. as initially extended by the
Misback, Secretary of the Board, 20th Consolidated Appropriations Act, 2021, 1 For purposes of this Order, ‘‘person’’ includes
Street and Constitution Avenue, NW, and further extended by the Orders corporations, companies, associations, firms,
partnerships, societies, and joint stock companies,
Washington DC 20551–0001, not later published on January 29, 2021 and as well as individuals.
than July 13, 2021. March 31, 2021 set to expire on June 30, 2 This definition is based on factors that are
A. Federal Reserve Bank of Kansas 2021. Because of COVID–19, household known to contribute to evictions and thus increase
City (Jeffrey Imgarten, Assistant Vice crowding and transmission, and the the need for individuals to move into close quarters
in new congregate or shared living arrangements or
President) 1 Memorial Drive, Kansas increased risk of individuals sheltering experience homelessness. Individuals who suffer
City, Missouri 64198–0001: in close quarters in congregate settings job loss, have limited financial resources, are low
1. The SRT 2015 LFG Trust, Sarah such as homeless shelters, which may income, or have high out-of-pocket medical
khammond on DSKJM1Z7X2PROD with NOTICES
Elizabeth Rowland Townsend, as co- be unable to provide adequate social expenses are more likely to be evicted for
nonpayment of rent than others not experiencing
trustee, both of Kansas City, Missouri; distancing as populations increase, these factors. See Desmond, M., Gershenson, C.,
MHR 2015 LFG Trust, Matthew Hill extending the temporary halt on Who gets evicted? Assessing individual,
Rowland, as co-trustee, both of Santa evictions is appropriate. This Order neighborhood, and network factors, Soc Sci Res.
Monica, California; with Sarah further extends the prior Eviction 2017;62:362–377. doi:10.1016/
j.ssresearch.2016.08.017, (identifying job loss as a
Rowland, as co-trustee of both trusts, Moratoria for what is currently intended possible predictor of eviction because renters who
Kansas City, Missouri; to join the to be a final 30 day-period, until July 31, lose their jobs experience not only a sudden loss of
Rowland Family Group, a group acting 2021. income but also the loss of predictable future
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Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Notices 34011
property who provides to their landlord, income, loss of compensable hours of • Mitigating the further spread of
the owner of the residential property, or work or wages, a lay-off, or COVID–19 by temporarily suspending
other person with a legal right to pursue extraordinary 7 out-of-pocket medical the eviction of covered persons from
eviction or a possessory action,3 a expenses; residential property for nonpayment of
declaration under penalty of perjury (4) The individual is using best efforts rent; and
indicating that: to make timely partial payments that are • Supporting response efforts to
(1) The individual has used best as close to the full payment as the COVID–19 at the Federal, State, local,
efforts to obtain all available individual’s circumstances may permit, territorial, and tribal levels.
government assistance for rent or taking into account other
housing; Background
nondiscretionary expenses; and
(2) The individual either (i) earned no (5) Eviction would likely render the COVID–19 in the United States
more than $99,000 (or $198,000 if filing individual homeless—or force the Since January 2020, the respiratory
jointly) in Calendar Year 2020, or individual to move into and live in disease known as ‘‘COVID–19,’’ caused
expects to earn no more than $99,000 in close quarters in a new congregate or by a novel coronavirus (SARS–COV–2),
annual income for Calendar Year 2021 shared living setting—because the
(or no more than $198,000 if filing a has spread globally, including cases
individual has no other available reported in all fifty states within the
joint tax return),4 (ii) was not required housing options.
to report any income in 2020 to the U.S. United States, plus the District of
‘‘Evict’’ and ‘‘Eviction’’ means any Columbia and U.S. territories. As of
Internal Revenue Service, or (iii) action by a landlord, owner of a
received an Economic Impact Payment June 23, 2021, there have been over 179
residential property, or other person million cases of COVID–19 globally,
(stimulus check).5 6 with a legal right to pursue eviction or
(3) The individual is unable to pay the resulting in over 3,800,000 deaths.9
possessory action, to remove or cause Over 33,300,000 cases have been
full rent or make a full housing payment the removal of a covered person from a
due to substantial loss of household identified in the United States, with
residential property. This definition also new cases reported daily, and over
does not prohibit foreclosure on a home 599,000 deaths due to the disease.10
income). According to one survey, over one quarter
(26%) of respondents also identified job loss as the
mortgage. The virus that causes COVID–19
primary cause of homelessness. See 2019 San ‘‘Residential property’’ means any spreads very easily and sustainably
Francisco Homeless Count & Survey property leased for residential purposes, between people, particularly those who
Comprehensive Report, Applied Survey Research, including any house, building, mobile
at 22, https://hsh.sfgov.org/wp-content/uploads/ are in close contact with one another
2020/01/2019HIRDReport_SanFrancisco_ home or land in a mobile home park,8 (within about 6 feet, but occasionally
FinalDraft-1.pdf (last viewed Mar. 24, 2021). or similar dwelling leased for residential over longer distances), mainly through
3 As used throughout this Order, this would purposes, but shall not include any respiratory droplets produced when an
include, without limitation, an agent or attorney hotel, motel, or other guest house rented
acting on behalf of the landlord or the owner of the infected person coughs, sneezes, or
residential property.
to a temporary guest or seasonal tenant talks. Individuals without symptoms
4 According to one study, the national two- as defined under the laws of the State, can also spread the virus.11 Among
bedroom housing wage in 2020 was $23.96 per hour territorial, tribal, or local jurisdiction. adults, the risk for severe illness from
(approximately, $49,837 annually), meaning that an ‘‘State’’ shall have the same definition COVID–19 increases with age, with
hourly wage of $23.96 was needed to afford a as under 42 CFR 70.1, meaning ‘‘any of
modest two-bedroom house without spending more older adults at highest risk. Severe
than 30% of one’s income on rent. The hourly wage the 50 states, plus the District of illness means that persons with COVID–
needed in Hawaii (the highest cost U.S. State for Columbia.’’ 19 may require hospitalization,
rent) was $38.76 (approximately $80,621 annually). ‘‘U.S. territory’’ shall have the same intensive care, or a ventilator to help
See Out of Reach: How Much do you Need to Earn definition as under 42 CFR 70.1,
to Afford a Modest Apartment in Your State?, them breathe, and may be fatal. People
National Low Income Housing Coalition, https:// meaning ‘‘any territory (also known as of any age with certain underlying
reports.nlihc.org/oor (last visited Mar. 23, 2021). As possessions) of the United States, medical conditions (e.g. cancer, obesity,
further explained herein, because this Order is including American Samoa, Guam, the serious heart conditions, or diabetes) are
intended to serve the critical public health goal of Northern Mariana Islands, the
preventing evicted individuals from potentially at increased risk for severe illness from
contributing to the interstate spread of COVID–19 Commonwealth of Puerto Rico, and the COVID–19.12
through movement into close quarters in new U.S. Virgin Islands.’’ COVID–19 vaccines are now widely
congregate, shared housing settings, or through
homelessness, the higher income thresholds listed Statement of intent available in the United States, and all
here have been determined to better serve this goal.
5 ‘‘Stimulus check’’ includes payments made
This Order shall be interpreted and 9 COVID–19 Dashboard by the Center for Systems
pursuant to Section 2201 of the CARES Act, to implemented in a manner as to achieve Science and Engineering (CSSE) at Johns Hopkins
Section 9601 of the American Rescue Plan Act of the following objectives: University (JHU), Johns Hopkins Coronavirus
2021, or to any similar federally authorized • Mitigating the spread of COVID–19 Resource Center, https://coronavirus.jhu.edu/
payments made to individual natural persons in map.html (last updated June 23, 2021).
within crowded, congregate or shared 10 COVID Data Tracker, Centers for Disease
2020 and 2021. Eligibility for the 2020 or 2021
stimulus checks has been based on an income that living settings, or through unsheltered Control and Prevention, https://covid.cdc.gov/
is equal to or lower than the income thresholds homelessness; covid-data-tracker/#datatracker-home (last updated
described above and does not change or expand • Mitigating the further spread of June 22, 2021).
who is a covered person under this Order since it 11 Kimball A, Hatfield KM, Arons M, et al.
COVID–19 from one State or territory
was entered into on September 4, 2020. Asymptomatic and Presymptomatic SARS–CoV–2
6 A person is likely to qualify for protection under
into any other State or territory; Infections in Residents of a Long-Term Care Skilled
Nursing Facility—King County, Washington, March
khammond on DSKJM1Z7X2PROD with NOTICES
this Order if they receive the following benefits: (a)
7 Extraordinary expenses are defined as those that 2020. MMWR Morb Mortal Wkly Rep 2020;69:377–
Temporary Assistance for Needy Families (TANF);
(b) Supplemental Nutrition Assistance Program prevented you from paying some or all of your rent 381. DOI: http://dx.doi.org/10.15585/
(SNAP); (c) Supplemental Security Income (SSI); or or providing for other basic necessities like food mmwr.mm6913e1.
(d) Social Security Disability Income (SSDI) to the security. To qualify as an extraordinary medical 12 Razzaghi H, Wang Y, Lu H, et al. Estimated
extent that income limits for these programs are less expense, the unreimbursed medical expense is one County-Level Prevalence of Selected Underlying
than or equal to the income limits for this Order. that is likely to exceed 7.5% of one’s adjusted gross Medical Conditions Associated with Increased Risk
However, it is the individual’s responsibility to income for the year. for Severe COVID–19 Illness—United States, 2018.
verify that their income is within the income limits 8 Mobile home parks may also be referred to as MMWR Morb Mortal Wkly Rep 2020;69:945–950.
described. manufactured housing communities. DOI: http://dx.doi.org/10.15585/mmwr.mm6929a1.
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34012 Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Notices
people 12 years and older are for which there is evidence of an moratorium expired on July 24, 2020.
recommended to be vaccinated against increase in transmissibility, more severe The protections in the CARES Act
COVID–19. Three COVID–19 vaccines disease, reduction in neutralization by supplemented temporary eviction
are currently authorized by the U.S. antibodies generated during previous moratoria and rent freezes implemented
Food and Drug Administration (FDA) infection or vaccination, reduced by governors and other local officials
for emergency use: two mRNA vaccines effectiveness of treatments or vaccines, using emergency powers.
(Pfizer-BioNTech, Moderna) and one or diagnostic detection failures.19 The Researchers estimated that this
viral vector vaccine (Johnson & Johnson/ Alpha variant has become the temporary Federal moratorium provided
Janssen), each of which has been predominant SARS-CoV–2 strain relief to a material portion of the
determined to be safe and effective circulating in the United States; nation’s roughly 43 million renters.23
against COVID–19. As of June 22, 2021, however the proportion of Delta variant The CARES act also provided funding
over 150.3 million people in the United cases has increased recently.20 streams for emergency rental assistance;
States (more than 53% of the population Available evidence suggests the surveys estimate that this assistance
12 years or older) have been fully currently authorized mRNA COVID–19 became available to the public through
immunized.13 However, as with other vaccines (Pfizer-BioNTech and rental assistance programs by July 2020.
transmissible diseases in densely Moderna) provide significant protection The Federal moratorium provided by
populated congregate settings, the risk against known variant strains.21 Other the CARES Act, however, did not reach
for SARS-CoV–2 infection is greater as vaccines, particularly AstraZeneca, all renters. Many renters who fell
long as there is continued community show reduced efficacy against infection outside the scope of the Federal
transmission of the virus. As with certain variants but may still moratorium were instead protected
vaccination coverage increases, phasing protect against severe disease. Given the under State and local moratoria. In early
out prevention measures for fully predominance of variant strains and the March, 2021, the Census Household
vaccinated people, ideally those continued emergence of new variants, Pulse Survey estimated that 6.4 million
measures that are the most disruptive to ongoing monitoring of vaccine households were behind on rent, and
individuals and society, will be effectiveness is needed to identify just under half fear imminent eviction.24
increasingly feasible.14 However, the mutations that could render vaccines In 2016, research showed that there
vaccination program is still underway; most commonly used in the U.S. less were 3.6 million eviction filings and 1.5
nearly half of the eligible population is effective against more transmissible million eviction judgments over the
not yet fully vaccinated; and children variants like the Delta variant, which span of a whole year,25 meaning that a
under age 12 are not yet eligible for now makes up almost 10 percent of U.S. wave of evictions on the scale feared by
vaccines. And, although rare, fully cases, up from 2.7 percent in May.22 households would be unprecedented in
vaccinated people may become infected In the context of a pandemic, eviction modern times. A large portion of those
who are evicted may move into close
with COVID–19.15 Moreover, CDC moratoria—like quarantine, isolation,
quarters in shared housing or, as
recognizes the risk that even vaccinated and social distancing—can be an
discussed below, become homeless,
people face in densely populated effective public health measure utilized
thus becoming at higher risk of COVID–
congregate settings. CDC therefore to prevent the spread of communicable
19.
continues to recommend mask use by disease. Eviction moratoria facilitate
On September 4, 2020, the CDC
all people in areas like homeless self-isolation and self-quarantine by
Director issued an Order temporarily
shelters and other congregate settings.16 people who become ill or who are at
halting evictions in the United States for
New variants of SARS-CoV–2 have risk of transmitting COVID–19.
the reasons described therein. That
emerged globally,17 several of which Congress passed the Coronavirus Aid,
Order was set to expire on December 31,
have been identified as variants of Relief, and Economic Security (CARES)
2020, subject to further extension,
concern.18 Variants of concern, Act (Pub. L. 116–136) to aid individuals
modification, or rescission. Section 502
including the variants Alpha, Beta, and businesses adversely affected by
of Title V, Division N of the
Gamma, Delta, and Epsilon, are those COVID–19 in March 2020. Section 4024
Consolidated Appropriations Act, 2021
of the CARES Act provided a 120-day
extended the Order until January 31,
13 COVID–19 Vaccinations in the United States,
moratorium on eviction filings as well
Centers for Disease Control and Prevention, https:// 2021, and approved the Order as an
as other protections for tenants in
covid.cdc.gov/covid-data-tracker/#vaccinations exercise of the CDC’s authority under
(last updated June 22, 2021). certain rental properties with Federal
Section 361 of the Public Health Service
14 Interim Public Health Recommendations for assistance or federally related financing.
Act (42 U.S.C. 264). With the extension
Fully Vaccinated People. Centers for Disease These protections helped alleviate the
Control and Prevention. https://www.cdc.gov/ of the Order, Congress also provided
public health consequences of tenant
coronavirus/2019-ncov/vaccines/fully-vaccinated- $25 billion for emergency rental
guidance.html (last updated May 28, 2021).
displacement during the COVID–19
15 COVID–19 Vaccine Breakthrough Infections pandemic. The CARES Act eviction 23 Laurie Goodman, Karan Kaul, and Michael
Reported to CDC—United States, January 1–April Neal. The CARES Act Eviction Moratorium Covers
30, 2021. MMWR Morb Mortal Wkly Rep 19 SARS-CoV–2 Variant Classifications and
All Federally Financed Rentals—That’s One in Four
2021;70:792–793. DOI: http://dx.doi.org/10.15585/ Definitions, Centers for Disease Control and US Rental Units. The Urban Institute. April 2, 2020.
mmwr.mm7021e3. Prevention, https://www.cdc.gov/coronavirus/2019- https://www.urban.org/urban-wire/cares-act-
16 Interim Guidance for Homeless Service ncov/variants/variant-info.html#Concern (last eviction-moratorium-covers-all-federally-financed-
Providers to Plan and Respond to Coronavirus updated June 22, 2021). rentals-thats-one-four-us-rental-units.
Disease 2019 (COVID–19). Centers for Disease 20 Id. 24 Census Household Pulse Survey: Key Phase 3
Control and Prevention. https://www.cdc.gov/ 21 Science Brief: COVID–19 Vaccines and Housing Payment Findings. Office of Policy
khammond on DSKJM1Z7X2PROD with NOTICES
coronavirus/2019-ncov/community/homeless- Vaccination, Centers for Disease Control and Development and Research, HUDUser (April 26,
shelters/plan-prepare-respond.html (last updated Prevention, https://www.cdc.gov/coronavirus/2019- 2021). https://www.huduser.gov/portal/pdredge/
June 8, 2021). ncov/science/science-briefs/fully-vaccinated- pdr-edge-trending-042621.html.
17 Abdool Karim SS, de Oliveira T. New SARS- people.html (last updated May 27, 2021). 25 Ashley Gromis. Eviction: Intersection of
CoV–2 Variants—Clinical, Public Health, and 22 According to data with an end collection date Poverty, Inequality, and Housing. Eviction Lab,
Vaccine Implications [published online ahead of of June 5, 2021. Variant Proportions, Centers for Princeton University (May 2019). https://
print, 2021 Mar 24]. N Engl J Med. 2021;10.1056/ Disease Control and Prevention, https:// www.un.org/development/desa/dspd/wp-content/
NEJMc2100362. doi:10.1056/NEJMc2100362. covid.cdc.gov/covid-data-tracker/#variant- uploads/sites/22/2019/05/GROMIS_Ashley_
18 Id. proportions (last updated June 22, 2021). Paper.pdf.
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Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Notices 34013
assistance for the payment of rent and indications that emergency rental for rent relief to reach renters and to
rental arrears. Congress later provided assistance has started to reach further increase vaccination rates
an additional $21.55 billion in increasing numbers of families over through the end of July 2021 could
emergency rental assistance when it recent months, State and local agencies decrease the numbers of likely evictions
passed the American Rescue Plan. likely have hundreds of thousands of and avert the potential of COVID–19
On January 29, 2021, following an applications for assistance that currently resurgence among people who
assessment of the ongoing pandemic, remain outstanding as programs experience eviction, their communities,
the CDC Director renewed the Order accelerate their activity. According to and other regions of the country affected
until March 31, 2021. On March 28, Treasury, more households—over by the resulting transmission.
2021, the CDC Director modified and 96,000—were served in April than in Evicted renters must move, which
extended the Order until June 30, 2021. the entire first quarter. Assistance leads to multiple outcomes that increase
This Order further extends the prior accelerated in May, with over a fifty the risk of COVID–19 spread.
Eviction Moratoria for what is currently percent increase in households served Specifically, many evicted renters move
intended to be a final 30-day period, compared to the previous month. The into close quarters in shared housing or
until July 31, 2021, for the reasons level of assistance provided to low other congregate settings. These moves
described herein. Although this Order is income households is expected to may require crossing State borders.
subject to revision based on the continue increasing because some states According to the Census Bureau
changing public health landscape, started accepting rental assistance American Housing Survey, 32% of
absent an unexpected change in the applications in late May, including as renters reported that they would move
trajectory of the pandemic, CDC does late as June 1, and now all states are in with friends or family members upon
not plan to extend the Order further. To operating programs. Based on analysis eviction, which would introduce new
the extent any provision of this Order of grantee reporting, Treasury believes household members and potentially
conflicts with prior Orders, this Order is that State and local emergency rental increase household crowding. Studies
controlling. assistance programs will collectively show that COVID–19 transmission
Researchers estimate that, in 2020, deploy more rental assistance in July occurs readily within households. The
Federal, State, and local eviction than in any previous month. In addition secondary attack rate in households has
moratoria led to over one million fewer to Emergency Rental Assistance, there been estimated to be 17%, and
evictions than the previous year.26 are coordinated efforts across Federal household contacts are estimated to be
Additional research shows that, despite agencies to—in partnership with states 6 times more likely to become infected
the CDC eviction moratorium leading to and localities—promote eviction by an index case of COVID–19 than
an estimated 50% decrease in eviction prevention strategies. other close contacts.30 A study of
filings compared to the historical An unprecedented and avoidable pregnant women in New York City
average, there have still been over surge of evictions is likely to occur if the showed that women in large households
100,000 eviction filings since September national moratorium were to conclude (greater number of residents per
just within approximately 35 cities and on June 30. Recent data from the U.S. household) were three times as likely to
states with more readily available data, Census Household Pulse Survey test positive for SARS-CoV–2 than those
suggesting high demand and likelihood demonstrates that an increased in smaller households, and those in
of mass evictions.27 percentage of households behind on neighborhoods with greater household
rent believe that an eviction is likely in crowding (≥1 resident per room) were
Eviction, Crowding, and Interstate
the next two months.28 A surge in twice as likely to test positive.31
Transmission of Covid–19
evictions could lead to the immediate Throughout the United States, counties
By February 10, 2021, the U.S. and significant movement of large with the highest proportion of crowded
Department of the Treasury had paid all numbers of persons from lower density households have experienced COVID–
of the $25 billion made available by the to higher density housing. This 19 mortality rates 2.6 times those of
Consolidated Appropriations Act of potential for a mass movement of counties with the lowest proportion of
2021 to states, territories, localities and persons would occur at precisely the crowded households.
tribes for the purpose of providing same time that our nation is actively Shared housing is not limited to
emergency rental assistance to eligible engaged in a widespread vaccination friends and family. It includes a broad
households in their jurisdictions. effort. This vaccination effort has a range of settings, including transitional
Additionally, as directed in the Act, slower rate of penetration among the housing and domestic violence and
Treasury has also made available 40 populations most likely to experience abuse shelters. Special considerations
percent—more than $8.6 billion—of the eviction, and such a mass movement exist for such housing because of the
additional funding to states, territories would place increased stress on the challenges of maintaining social
and localities for emergency rental homeless service system.29 In distance. Residents often gather closely
assistance provided in the American combination with the continued or use shared equipment, such as
Rescue Plan. Based on data collected underlying COVID–19 spread, and the kitchen appliances, laundry facilities,
from grantees, Treasury reports that over overlapping factors described above, stairwells, and elevators. Residents may
630,000 households had already applied have unique needs, such as disabilities,
this would create considerable risk for
for emergency rental assistance by the chronic health conditions, cognitive
rapid transmission of COVID–19 in high
end of March—when many State and risk settings. Allowing additional time
local programs had not yet opened for 30 Qin-Long Jing, et al. Household secondary
khammond on DSKJM1Z7X2PROD with NOTICES
applications. Though there are attack rate of COVID–19 and associated
28 Household Pulse Survey Interactive Tool. U.S.
determinants in Guangzhou, China: a retrospective
Census Bureau. https://www.census.gov/data-tools/ cohort study. The Lancet.2020 June 17; vol. 20.10;
26 Hepburn P, Louis R, Fish J, et al. U.S. Eviction demo/hhp/#/ (last visited June 23, 2021). doi: https://doi.org/10.1016/S1473-3099(20)30471-
Filing Patterns in 2020. Socius. January 2021. 29 Barry V, Dasgupta S, Weller DL, et al. Patterns 0.
doi:10.1177/23780231211009983. in COVID–19 Vaccination Coverage, by Social 31 Ukachi N. Emeruwa, et al. Associations
27 Peter Hepburn and Renee Louis. Preliminary Vulnerability and Urbanicity—United States, Between Built Environment, Neighborhood
Analysis: Six Months of the CDC Eviction December 14, 2020–May 1, 2021. MMWR Morb Socioeconomic Status, and SARS-CoV–2 Infection
Moratorium (March 8, 2021). https:// Mortal Wkly Rep 2021;70:818–824. DOI: http:// Among Pregnant Women in New York City. JAMA.
evictionlab.org/six-months-cdc/. dx.doi.org/10.15585/mmwr.mm7022e1. 2020;324(4):390–392. doi:10.1001/jama.2020.11370.
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34014 Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Notices
decline, or limited access to technology, a ratio that grew to 2.1 at ≥16 weeks (CI homeless services. Data collection by an
and thus may find it more difficult to 1.1, 3.9). Similarly, they found that emergency shelter in Columbus, Ohio,
take actions to protect themselves from mortality in states that lifted their showed that 35.4% of families and
COVID–19. CDC recommends that moratoria was 1.6 times that of states 11.4% of single adults reported an
shelters provide new residents with a that did not at 7 weeks post-lifting (CI eviction as the primary or secondary
clean mask, keep them isolated from 1.2, 2.3), a ratio that grew to 5.4 at ≥16 reason for their seeking shelter.35
others, screen for symptoms at entry, or weeks (CI 3.1, 9.3). The authors Extensive outbreaks of COVID–19
arrange for medical evaluations as estimated that, nationally, over 433,000 have been identified in homeless
needed depending on symptoms. cases of COVID–19 and over 10,000 shelters. In Seattle, Washington, a
Accordingly, an influx of new residents deaths could be attributed to lifting network of three related homeless
at facilities that offer support services State moratoria.33 shelters experienced an outbreak that
could potentially overwhelm staff and, Although data are limited, available led to 43 cases among residents and staff
if recommendations are not followed, evidence suggests evictions lead to members. In Boston, Massachusetts,
lead to exposures. interstate spread of COVID–19 in two universal COVID–19 testing at a single
Modeling studies and preliminary ways. First, an eviction may lead the shelter revealed 147 cases, representing
observational data from the pre-vaccine evicted members of a household to 36% of shelter residents. COVID–19
phase of the COVID–19 pandemic move across State lines. Of the 35 testing in a single shelter in San
comparing incidence between states that million people in America who move Francisco led to the identification of 101
implemented and lifted eviction each year, 15% move to a new State. cases (67% of those tested). Data from
moratoria indicate that evictions Second, even if a particular eviction, 557 universal diagnostic testing events
substantially contribute to COVID–19 standing alone, would not always result at homeless shelters in 21 states show
transmission. In mathematical models in interstate displacement, the mass an average of 6% positivity among
where eviction led exclusively to evictions that would occur in the shelter clients. Data comparing the
sharing housing with friends or family, absence of this Order would inevitably incidence or severity of COVID–19
lifting eviction moratoria led to a 30% increase the interstate spread of COVID– among people experiencing
increased risk of contracting COVID–19 19. This Order cannot effectively homelessness directly to the general
among people who were evicted and mitigate interstate transmission of population are limited. However, during
those with whom they shared housing COVID–19 without covering intrastate the 15-day period of the outbreak in
after eviction.32 Compared to a scenario evictions (evictions occurring within the Boston, MA, researchers estimated a
where no evictions occurred, the models boundaries of a State or territory), as the cumulative incidence of 46.3 cases of
also predicted a 4%–40% increased risk level of spread of SARS-CoV–2 resulting COVID–19 per 1000 persons
of infection, even for those who did not from these evictions can lead to SARS- experiencing homelessness, as
share housing, as a result of increased CoV–2 transmission across State compared to 1.9 cases per 1000 among
overall transmission. The authors borders. Massachusetts adults (pre-print).
estimated that anywhere from 1,000 to Moreover, intrastate spread facilitates CDC guidance recommends increasing
100,000 excess cases per million interstate spread in the context of physical distance between beds in
population could be attributable to communicable disease spread, given the homeless shelters, which is likely to
evictions depending on the eviction and nature of infectious disease. In the decrease capacity, while community
infection rates. aggregate, the mass-scale evictions that transmission of COVID–19 is occurring.
An analysis of observational data from will likely occur in the absence of this These guidelines are similar to other
State-based eviction moratoria in 43 Order will inevitably increase interstate guidance issued for other congregate
states and the District of Columbia spread of COVID–19. settings such as prisons and jails. To
showed significant increases in COVID– Eviction, Homelessness, and Covid–19 adhere to this guidance, shelters have
19 incidence and mortality Transmission limited the number of people served
approximately 2–3 months after eviction throughout the United States. In many
moratoria were lifted (pre-peer review). Evicted individuals without access to
support or other assistance options may places, considerably fewer beds are
Specifically, the authors compared the available to individuals who become
COVID–19 incidence and mortality rates become homeless, including older
adults or those with underlying medical homeless. Shelters that do not adhere to
in states that lifted their moratoria with the guidance, and operate at ordinary or
the rates in states that maintained their conditions, who are more at risk for
severe illness from COVID–19 than the increased occupancy, are at greater risk
moratoria. In these models, the authors for the types of outbreaks described
general population. In Seattle-King
accounted for time-varying indicators of above. The challenge of mitigating
County, 5–15% of people experiencing
each State’s test count as well as major disease transmission in homeless
homelessness between 2018 and 2020
public-health interventions including shelters has been compounded because
cited eviction as the primary reason for
lifting stay-at-home orders, school some organizations have chosen to stop
becoming homeless.34 Additionally,
closures, and mask mandates. After or limit volunteer access and
some individuals and families who are
adjusting for these other changes, they participation.
evicted may originally stay with family
found that the incidence of COVID–19
or friends, but subsequently seek Persons at Higher Risk of Eviction May
in states that lifted their moratoria was
1.6 times that of states that did not at Also be at Higher Risk of Being
33 Leifheit, Kathryn M. and Linton, Sabriya L. and
10 weeks post-lifting (95% CI 1.0, 2.3), Unvaccinated
Raifman, Julia and Schwartz, Gabriel and Benfer,
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Emily and Zimmerman, Frederick J and Pollack, At this time, communities with high
32 Nande A, Sheen J, Walters EL, Klein B, Craig, Expiring Eviction Moratoriums and COVID– rates of eviction may currently have
Chinazzi M, Gheorghe AH, Adlam B, Shinnick J, 19 Incidence and Mortality (November 30, 2020).
Available at SSRN: https://ssrn.com/
lower coverage of COVID–19
Tejeda MF, Scarpino SV, Vespignani A, Greenlee
AJ, Schneider D, Levy MZ, Hill AL. The effect of abstract=3739576 or http://dx.doi.org/10.2139/ vaccination—a focus for current
eviction moratoria on the transmission of SARS- ssrn.3739576.
CoV–2. Nat Commun. 2021 Apr 15;12(1):2274. doi: 34 Count Us In 2020. KCRHA (July 2020). https:// 35 Chester Hartman and David Robinson.
10.1038/s41467–021–22521–5. PMID: 33859196; kcrha.org/wp-content/uploads/2020/07/Count-Us_ ‘‘Evictions: The Hidden Housing Problem’’ in
PMCID: PMC8050248. In-2020-Final_7.29.2020.pdf. Housing Policy Debate. 2003.
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Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Notices 34015
vaccination campaigns. In the spring of Applicability activity while on the premises. But
2021, counties with high social This Order does not apply in any covered persons may not be evicted on
vulnerability (i.e., social and structural State, local, territorial, or tribal area the sole basis that they are alleged to
factors associated with adverse health with a moratorium on residential have committed the crime of trespass (or
outcome inclusive of socioeconomic evictions that provides the same or similar State-law offense) where the
indicators related to risk of eviction) greater level of public-health protection underlying activity is a covered person
were shown to have lower levels of than the requirements listed in this remaining in a residential property for
COVID–19 vaccination.36 Order or to the extent its application is nonpayment of rent. Permitting such
prohibited by Federal court order. In evictions would result in substantially
CDC Eviction Moratorium
accordance with 42 U.S.C. 264(e), this more evictions overall, thus increasing
The Department of the Treasury the risk of disease transmission as
continues to distribute emergency rental Order does not preclude State, local,
otherwise covered persons move into
assistance funds that may help mitigate territorial, and tribal authorities from
congregate settings or experience
spikes in COVID–19 transmission due to imposing additional requirements that
homelessness. This result would be
increases in evictions. These funds are provide greater public-health protection
contrary to the stated objectives of this
expected to make a meaningful and are more restrictive than the
Order, and therefore would diminish
difference for hundreds of thousands of requirements in this Order.
their effectiveness. Moreover, to the
people who are expected to receive the This Order is a temporary eviction
extent such criminal trespass laws are
rental assistance in the 30-day horizon moratorium to prevent the further
invoked to establish criminal activity
of this Order, alongside other Federal spread of COVID–19. This Order does
solely based on a tenant, lessee, or
and State efforts to prevent evictions.37 not relieve any individual of any
resident of a residential property
On September 4, 2020, the CDC obligation to pay rent, make a housing
remaining in a residential property
Director issued an Order temporarily payment, or comply with any other
despite the nonpayment of rent, such
halting evictions in the United States for obligation that the individual may have
invocation conflicts with this Order and
the reasons described therein. That under a tenancy, lease, or similar is preempted pursuant to 42 U.S.C.
Order was set to expire on December 31, contract. Nothing in this Order 264(e).
2020, subject to further extension, precludes the charging or collecting of Individuals who are confirmed to
modification, or rescission. Section 502 fees, penalties, or interest as a result of have, who have been exposed to, or who
of Title V, Division N of the the failure to pay rent or other housing might have COVID–19 and take
Consolidated Appropriations Act, 2021 payment on a timely basis, under the reasonable precautions to not spread the
extended the Order until January 31, terms of any applicable contract. disease may not be evicted on grounds
2021. With the extension of the Order, Nothing in this Order precludes that they may pose a health or safety
Congress also provided $25 billion for evictions based on a tenant, lessee, or threat to other residents.
emergency rental assistance for the resident: (1) Engaging in criminal The Order is extended through July
payment of rent and rental arrears. activity while on the premises; (2) 31, 2021, based on the current and
Congress later provided an additional threatening the health or safety of other projected epidemiological context of
$21.55 billion in emergency rental residents; 38 (3) damaging or posing an SARS–CoV–2 transmission throughout
assistance when it passed the American immediate and significant risk of the United States. This 30-day
Rescue Plan. damage to property; (4) violating any extension, intended to be the final
On January 29, 2021, following an applicable building code, health iteration, will allow the assessment of
assessment of the ongoing pandemic, ordinance, or similar regulation relating natural changes to COVID–19 incidence,
the CDC Director renewed the Order to health and safety; or (5) violating any the influences of new variants,
until March 31, 2021. On March 28, the other contractual obligation, other than additional distribution of emergency
CDC Director renewed the Order until the timely payment of rent or similar rental assistance funds, and the
June 30, 2021. This Order further housing-related payment (including expansion of COVID–19 vaccine uptake.
extends the prior Eviction Moratorium non-payment or late payment of fees,
until July 31, 2021, for the reasons penalties, or interest). Declaration Forms
described herein, while the Department Any evictions for nonpayment of rent To qualify for the protections of this
of the Treasury disburses the remaining initiated prior to September 4, 2020, but Order, a tenant, lessee, or resident of a
ERA funds to State and local not yet completed, are subject to this residential property must provide a
jurisdictions, and those grantees Order. Any tenant, lessee, or resident of completed and signed copy of a
continue to accelerate efforts to deploy a residential property who qualifies as declaration with the elements listed in
rental assistance on behalf of tenants. To a ‘‘Covered Person’’ and is still present the definition of ‘‘Covered person’’ to
the extent any provision of this Order in a rental unit is entitled to protections their landlord, owner of the residential
conflicts with prior Orders, this Order is under this Order. Any eviction that was property where they live, or other
controlling. completed prior to September 4, 2020, person who has a right to have them
is not subject to this Order. evicted or removed from where they
36 Barry V, Dasgupta S, Weller DL, Kriss JL,
Under this Order, covered persons live. To assist tenants and landlords, the
Cadwell BL, Rose C, Pingali C, Musial T, Sharpe JD,
Flores SA, Greenlund KJ, Patel A, Stewart A,
may be evicted for engaging in criminal CDC created a standardized declaration
Qualters JR, Harris L, Barbour KE, Black CL. form that can be downloaded here:
Patterns in COVID–19 Vaccination Coverage, by 38 Individuals who might have COVID–19 are
https://www.cdc.gov/coronavirus/2019-
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Social Vulnerability and Urbanicity—United States, advised to stay home except to get medical care. ncov/downloads/declaration-form.pdf.
December 14, 2020–May 1, 2021. MMWR Morb Accordingly, individuals who might have COVID–
Mortal Wkly Rep. 2021 Jun 4;70(22):818–824. doi: 19 and take reasonable precautions to not spread
Tenants, lessees, and residents of
10.15585/mmwr.mm7022e1. PMID: 34081685; the disease should not be evicted on the ground that residential property are not obligated to
PMCID: PMC8174677. they may pose a health or safety threat to other use the CDC form. Any written
37 Treasury Emergency Rental Assistance residents. See What to Do if You are Sick, Centers document that an eligible tenant, lessee,
Programs in 2021: Analysis of a National Survey. for Disease Control and Prevention, https://
National Low Income Housing Coalition. June 2021. www.cdc.gov/coronavirus/2019-ncov/if-you-are-
or residents of residential property
https://nlihc.org/sites/default/files/HIP_NLIHC_ sick/steps-when-sick.html (last updated Mar. 17, presents to their landlord will comply
Furman_2021_6-22_FINAL_v2.pdf 2021). with this Order, as long as it contains
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34016 Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Notices
the required elements of ‘‘Covered Congress has appropriated Based on the convergence of these
person’’ as described in this Order. In approximately $46 billion—of which issues, I have determined that extending
addition, tenants, lessees, and residents almost three-quarters is currently the temporary halt on evictions is
of residential property are allowed to available to State and local grantees—to appropriate.
declare in writing that they meet the help pay rent and rental arrears for Therefore, under 42 CFR 70.2, subject
elements of covered person in other tenants who may otherwise be at high to the limitations under the
languages. risk of eviction. According to estimates ‘‘Applicability’’ section, the September
All declarations, regardless of form based on the U.S. Census Household 4, 2020 Order, as extended and
used, must be signed, and must include Pulse Survey, approximately 6.4 million modified by the January 29, 2021 and
a statement that the tenant, lessee, or renter households are behind on their March 28, 2021 Orders, is hereby
resident of a residential property rent as of March 29, 2021. The extended through July 31, 2021.
understands that they could be liable for successful delivery of those funds by Accordingly, a landlord, owner of a
perjury for any false or misleading states and localities should greatly residential property, or other person
statements or omissions in the reduce the incidence of eviction that with a legal right to pursue eviction or
declaration. This Order does not would occur in the absence of that possessory action shall not evict any
preclude a landlord challenging the support. However, many states and covered person from any residential
truthfulness of a tenant’s, lessee’s, or localities are still ramping up the property in any State or U.S. territory
resident’s declaration in court, as collection and processing of where there are documented cases of
permitted under State or local law. applications and the delivery of COVID–19 and the State or U.S. territory
In certain circumstances, such as assistance and putting in place other has provided a level of public-health
individuals filing a joint tax return, it eviction prevention strategies. It was protections below the requirements
may be appropriate for one member of only in the beginning of June that all listed in this Order.
the residence to provide an executed State-run emergency rental assistance This Order is not a rule within the
declaration on behalf of the other adult programs had opened for applications. If meaning of the Administrative
residents party to the lease, rental the moratorium expires on June 30, a Procedure Act (APA) but rather an
agreement, or housing contract. The wave of evictions, on the order of emergency action taken under the
declaration may be signed and hundreds of thousands, could occur this existing authority of 42 CFR 70.2. The
transmitted either electronically or by summer and early fall, exacerbating the purpose of § 70.2, which was
hard copy. spread of COVID–19 among the promulgated through notice-and-
As long as the information in a significant percentage of the population comment rulemaking, is to enable CDC
previously signed declaration submitted that remains unvaccinated. In to take swift steps to prevent contagion
under a previous order remains submit appropriating these emergency rental without having to seek a second round
a new declaration under this Order. assistance funds, Congress intended that of public comments and without a delay
Findings and Action the funding would work in concert with in effective date.40
the eviction moratorium, providing time
Determination for rental assistance to reach eligible Good Cause
For the reasons described herein, I am tenants and landlords to sustainably In the event this Order qualifies as a
extending the September 4, 2020 Order, reduce the threat of an eviction wave rule under the APA, there is good cause
as extended by section 502 of Title V, after an eviction moratorium was no to dispense with prior public notice and
Division N of the Consolidated longer in effect. While the pace of comment and a delay in effective date.
Appropriations Act, 2021 and further assistance is continuing to increase, See 5 U.S.C. 553(b)(B), (d)(3). Good
extended and modified by the January without additional time for states and cause exists, in sum, because the public
29, 2021 and March 28, 2021 Orders. I localities to deliver this needed relief health emergency caused by the
have determined based on the and engage in other efforts to prevent COVID–19 pandemic and the
information below that extending the evictions, a surge of evictions would unpredictability of the trajectory of the
temporary halt in evictions in this Order occur upon the conclusion of the pandemic make it impracticable and
constitutes a reasonably necessary national moratorium. A surge in contrary to the public health, and by
measure under 42 CFR 70.2 to prevent evictions would lead to immediate extension the public interest, to delay
the further spread of COVID–19 movement, crowding, and increased the issuance and effective date of this
throughout the United States. I have stress on the homeless service system. Order.
further determined that measures by In combination with ongoing COVID–19 In the September 4, 2020 Order, the
states, localities, or territories that do transmission, and the overlapping previous CDC Director determined that
not meet or exceed these minimum factors described above, this would good cause existed because the public
protections are insufficient to prevent create considerable risk for the rapid health emergency caused by COVID–19
the interstate spread of COVID–19. transmission of COVID–19 in high-risk made it impracticable and contrary to
State and local jurisdictions continue settings. Allowing additional time for the public health, and by extension the
to distribute emergency rental assistance rent relief to reach renters—alongside public interest, to delay the issuance
funds, provided by the Department of other Federal and State actions to and effective date of the Order. The
Treasury, that will help avert a spate of prevent evictions—by an extension previous Director also found that a
evictions and thus mitigate through the month of July 2021 can delay in the effective date of the Order
corresponding spikes in COVID–19 decrease the numbers of likely evictions would permit the occurrence of
khammond on DSKJM1Z7X2PROD with NOTICES
transmission. Although trends have and avert the potential of COVID–19 evictions—potentially on a mass scale—
improved dramatically since January resurgence among people who that would have potentially significant
2021, there continues to be ongoing experience eviction, their communities, consequences. For these reasons, the
transmission of approximately 10,000 and other regions of the country affected previous Director concluded that the
cases per day in the United States.39 by the resulting transmission. delay in the effective date of the Order
39 COVID Data Tracker, Centers for Disease covid-data-tracker/#trends_dailytrendscases (last 40 Chambless Enters., LLC v. Redfield, No. 20–
Control and Prevention, https://covid.cdc.gov/ updated June 22, 2021). 1455, 2020 WL 7588849 (W.D. La. 2020).
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Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Notices 34017
would defeat the purpose of the Order circumstances other than those to which through the Consolidated
and endanger the public health and, it is held invalid, shall remain valid and Appropriations Act of 2021 and the
therefore, determined that immediate in effect. American Rescue Plan (ARP).
action was necessary. As a result, the This Order shall be enforced by Furthermore, in 2020 44 states and 310
previous Director issued the Order Federal authorities and cooperating local jurisdictions allocated about $3.9
without prior notice and comment and State and local authorities through the billion toward emergency rental
without a delay in the effective date. I provisions of 18 U.S.C. 3559, 3571; 42 assistance, largely from funds
made similar findings in the January 29, U.S.C. 243, 268, 271; and 42 CFR 70.18. appropriated to HUD from the
2021 and March 28, 2021 Orders, and However, this Order has no effect on the Coronavirus Aid, Relief, and Economic
similar findings, as described herein, contractual obligations of renters to pay Security (CARES).41 These three rounds
continue to exist. rent and shall not preclude charging or of Federal appropriations also provided
The rapidly changing nature of the collecting fees, penalties, or interest as substantial resources for homeless
pandemic requires not only that CDC act a result of the failure to pay rent or other services, homeowner assistance, and
swiftly, but also deftly to ensure that its housing payment on a timely basis, supplemental stimulus and
actions are commensurate with the under the terms of any applicable unemployment benefits that low-income
threat. This necessarily involves contract. renters used to pay rent.
assessing evolving conditions that Visit https://home.treasury.gov/
inform CDC’s determinations. And Criminal Penalties policy-issues/cares/state-and-local-
although the pandemic is showing Under 18 U.S.C. 3559, 3571; 42 U.S.C. governments for more information about
positive trends, the fundamental public 271; and 42 CFR 70.18, a person the Coronavirus Relief Fund and https://
health threat that existed on September violating this Order may be subject to a home.treasury.gov/policy-issues/cares/
4, 2020, January 29, 2021, and March fine of no more than $100,000 or one emergency-rental-assistance-program
28, 2021—the risk of large numbers of year in jail, or both, if the violation does for more information about the
residential evictions contributing to the not result in a death, or a fine of no Emergency Rental Assistance Program.
spread of COVID–19 throughout the more than $250,000 or one year in jail, Relevant agencies have informed CDC
United States—continues to exist. or both if the violation results in a that forbearance policies for mortgages
Without this Order, there is every death, or as otherwise provided by law. backed by the Federal Government
reason to expect that evictions will An organization violating this Order provide many landlords, especially
increase. It is imperative that public may be subject to a fine of no more than smaller landlords, with temporary relief
health authorities act quickly to mitigate $200,000 per event if the violation does as new emergency rental assistance
such an increase of evictions, which not result in a death or $500,000 per programs are deployed. Treasury, HUD,
could increase the likelihood of new event if the violation results in a death and USDA grantees and partners play a
spikes in SARS–CoV–2 transmission or as otherwise provided by law. The critical role in prioritizing efforts to
even as COVID–19 morbidity and U.S. Department of Justice may initiate support this goal. All communities
mortality may be waning. Such mass criminal proceedings as appropriate should assess what resources have
evictions and the attendant public- seeking imposition of these criminal already been allocated to prevent
health consequences could unravel penalties. evictions and homelessness through
positive trends, and would be very temporary rental assistance and
difficult to reverse. Notice To Cooperating State and Local homelessness prevention, particularly to
For all of these reasons, I hereby Officials the most vulnerable households.
conclude that immediate action is again Under 42 U.S.C. 243, the U.S. Treasury, HUD, and USDA stand at the
necessary and that notice-and-comment Department of Health and Human ready to support American communities
rulemaking and a delay in effective date Services is authorized to cooperate with in taking these steps to reduce the
would be impracticable and contrary to and aid State and local authorities in the spread of COVID–19 and maintain
the public interest. enforcement of their quarantine and economic prosperity.
other health regulations and to accept For program support, including
Miscellaneous technical assistance, please visit
State and local assistance in the
Similarly, if this Order qualifies as a enforcement of Federal quarantine rules www.hudexchange.info/program-
rule under the APA, the Office of and regulations, including in the support. For further information on
Information and Regulatory Affairs enforcement of this Order. HUD resources, tools, and guidance
(OIRA) has determined that it would be available to respond to the COVID–19
an economically significant regulatory Notice of Available Federal Resources pandemic, State and local officials are
action pursuant to Executive Order While this Order to prevent eviction directed to visit https://www.hud.gov/
12866 and a major rule under Subtitle is effectuated to protect the public coronavirus. These tools include
E of the Small Business Regulatory health, the states and units of local toolkits for Public Housing Authorities
Enforcement Fairness Act of 1996 (the government are reminded that the and Housing Choice Voucher landlords
Congressional Review Act or CRA), 5 Federal Government has deployed related to housing stability and eviction
U.S.C. 804(2). Thus, this action has been unprecedented resources to address the prevention, as well as similar guidance
reviewed by OIRA. CDC has determined pandemic, including housing assistance. for owners and renters in HUD-assisted
that for the same reasons given above, The Department of Housing and multifamily properties. Furthermore,
there would be good cause under the Urban Development (HUD), the tenants can visit consumerfinance.gov/
khammond on DSKJM1Z7X2PROD with NOTICES
CRA to make the requirements herein Department of Agriculture, and the housing for up-to-date information on
effective immediately. 5 U.S.C. 808(2). Department of the Treasury have rent relief options, protections, and key
If any provision of this Order, or the informed CDC that unprecedented deadlines.
application of any provision to any emergency resources have been
persons, entities, or circumstances, shall appropriated through various Federal 41 Vincent Reina et al, COVID–19 Emergency
be held invalid, the remainder of the agencies that assist renters and Rental Assistance: Analysis of a National Survey of
Programs, Research Brief, https://nlihc.org/sites/
provisions, or the application of such landlords during the pandemic, default/files/HIP_NLIHC_Furman_Brief_FINAL.pdf
provisions to any persons, entities, or including $46.55 billion to the Treasury (last visited Mar. 26, 2021).
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34018 Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Notices
Effective Date requested to the State Plan and the OCS proposes to revise the automated
This Order is effective on July 1, 2021, Master List. No changes are proposed to CSBG State Plan format for states and
and will remain in effect through July the ACSI. territories by revising questions for
31, 2021, subject to revision based on DATES: Comments due within 30 days of clarity and system compatibility. OCS
the changing public health landscape. publication. OMB must make a decision does not anticipate that these revisions
about the collection of information will cause any additional burden to
Authority
between 30 and 60 days after CSBG grantees as they have completed
The authority for this Order is Section publication of this document in the the automated plan for six years. It is
361 of the Public Health Service Act (42 Federal Register. Therefore, a comment anticipated that the burden will
U.S.C. 264) and 42 CFR 70.2. is best assured of having its full effect continue to diminish in subsequent
Dated: June 24, 2021. if OMB receives it within 30 days of years due to improved automation.
Sherri Berger, publication. In addition to the CSBG State Plan,
Chief of Staff, Centers for Disease Control ADDRESSES: Written comments and OCS requests that all grantees revise
and Prevention. recommendations for the proposed their CSBG Eligible Entity Master List in
[FR Doc. 2021–13842 Filed 6–24–21; 2:00 pm] information collection should be sent year one to add the executive director
BILLING CODE 4163–18–P within 30 days of publication of this and website for each agency. Grantees
notice to www.reginfo.gov/public/do/ will revise the Master List as necessary
PRAMain. Find this particular in subsequent years. As the CSBG
DEPARTMENT OF HEALTH AND information collection by selecting Eligible Entity Master List is already
HUMAN SERVICES ‘‘Currently under 30-day Review—Open completed and states have the
Administration for Children and for Public Comments’’ or by using the information about their eligible entities
Families search function. (or sub-grantees), the burden will be
SUPPLEMENTARY INFORMATION: minimal to the states to provide the
Submission for OMB Review; Description: Section 676 of the additional requested information.
Community Services Block Grant Community Services Block Grant Lastly, the request includes a survey
(CSBG) Model State Plan Applications (CSBG) Act requires states, including for the sub-grantees (or CSBG-eligible
(OMB No. 0970–0382) the District of Columbia and the entities). The survey focuses on the
AGENCY: Office of Community Services, Commonwealth of Puerto Rico, and U.S. customer service that the CSBG sub-
Administration for Children and territories applying for CSBG funds to grantees receive from the CSBG
Families, HHS. submit an application and plan (CSBG grantees. The survey is optional, and
ACTION: Request for public comment.
State Plan). The CSBG State Plan must
this will be the fifth time that the CSBG
meet statutory requirements prior to
sub-grantees that chose to submit will
SUMMARY: The Office of Community CSBG grantees (states and territories)
complete it. There are no revisions
Services (OCS) requests a three-year being funded with CSBG funds.
Grantees have the option to submit a proposed to the survey.
extension of the forms Community
Services Block Grant (CSBG) State Plan, detailed plan annually or biannually. Respondents: State governments,
CSBG Eligible Entity Master List, and Grantees that submit a biannual plan including the District of Columbia and
the American Customer Survey Index must provide an abbreviated plan the the Commonwealth of Puerto Rico, and
(ACSI) (OMB #0970–0382, expiration following year if substantial changes to U.S. territories, and local level sub-
6/30/2021). There are minimal changes the initial plan will occur. grantees.
ANNUAL BURDEN ESTIMATES
Total
Total Average Total Annual
number of
Instrument number of burden hours burden burden
responses per
respondents per response hours hours
respondent
CSBG State Plan Application for States ............................. 56 3 31 5,208 1,736
CSBG Eligible Entity Master List ......................................... 56 3 2 336 112
CSBG ACSI Survey of Eligible Entities ............................... 1,007 1 .33 332 111
Estimated Total Annual Burden DEPARTMENT OF HEALTH AND SUMMARY: The Food and Drug
Hours: 1,848 hours for CSBG grantees; HUMAN SERVICES Administration (FDA or the Agency) has
111 for CSBG sub-grantees. determined the regulatory review period
Food and Drug Administration for Smallpox and Monkeypox Vaccine,
Authority: Sec. 676, Pub. L. 105–285, 112
Stat. 2735 (42 U.S.C. 9908)
Live and is publishing this notice of that
[Docket No. FDA–2020–E–1328] determination as required by law. FDA
Mary B. Jones, has made the determination because of
Determination of Regulatory Review the submission of an application to the
khammond on DSKJM1Z7X2PROD with NOTICES
ACF/OPRE Certifying Officer.
[FR Doc. 2021–13742 Filed 6–25–21; 8:45 am]
Period for Purposes of Patent Director of the U.S. Patent and
Extension; Smallpox and Monkeypox Trademark Office (USPTO), Department
BILLING CODE 4184–27–P
Vaccine, Live of Commerce, for the extension of a
patent which claims that human
AGENCY: Food and Drug Administration,
biological product.
HHS.
DATES: Anyone with knowledge that any
ACTION: Notice.
of the dates as published (see
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