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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




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                                               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




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                                               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,




khammond on DSKJM1Z7X2PROD with NOTICES
                                                                                                       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-




khammond on DSKJM1Z7X2PROD with NOTICES
                                               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




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                                               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/




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                                               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




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                                               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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