Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19
| Published date | 31 March 2021 |
| Record Number | 2021-06718 |
| Section | Notices |
| Court | Centers For Disease Control And Prevention,Health And Human Services Department |
Federal Register, Volume 86 Issue 60 (Wednesday, March 31, 2021)
[Federal Register Volume 86, Number 60 (Wednesday, March 31, 2021)]
[Notices]
[Pages 16731-16738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06718]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
Temporary Halt in Residential Evictions To Prevent the Further
Spread of COVID-19
AGENCY: Centers for Disease Control and Prevention (CDC), Department of
Health and Human Services (HHS).
ACTION: Agency order.
-----------------------------------------------------------------------
SUMMARY: The Centers for Disease Control and Prevention (CDC), located
within the Department of Health and Human Services (HHS) 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.
DATES: This Order is effective April 1, 2021 through June 30, 2021.
FOR FURTHER INFORMATION CONTACT: Tiffany Brown, Acting Deputy Chief of
Staff, Centers for Disease Control and Prevention, 1600 Clifton Road
NE, MS H21-10, Atlanta, GA 30329. Phone: 404-639-7000. Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
This Order further extends the original temporary eviction
moratorium Order published on September 4, 2020, as initially extended
by the Consolidated Appropriations Act, 2021, and further extended by
the Order published on January 29, 2021 set to expire on March 31,
2021, with modifications through June 30, 2021. Because of COVID-19,
household crowding and transmission, and the increased risk of
individuals sheltering in close quarters in congregate settings such as
homeless shelters, which may be unable to provide adequate social
distancing as populations increase, extending the temporary halt on
evictions, subject to further extension, modification, or rescission,
is appropriate.
The Order is extended through June 30, 2021 based on current and
projected epidemiological context of SARS-CoV-2 transmission throughout
the United States. Although daily incidence of COVID-19 decreased and
plateaued between January and March 25, 2021, widespread transmission
continues at high levels, making the Order still necessary, especially
given that previous plateaus have led to secondary and tertiary phases
of acceleration.
A copy of the Order is provided below. A copy of the signed Order
and the Declaration can be found at: https://www.cdc.gov/coronavirus/2019-ncov/COVID-eviction-declaration.html.
Centers for Disease Control and Prevention Department of Health and
Human Services
Order Under Section 361 of the Public Health Service Act (42 U.S.C.
264) and 42 Code of Federal Regulations 70.2
Temporary Halt in Residential Evictions To Prevent the Further Spread
of COVID-19
Summary
Subject to the limitations under ``Applicability,'' a landlord,
owner of a residential property, or other person \1\ with a legal right
to pursue eviction or possessory action, shall not evict any covered
person from any residential property in any jurisdiction to which this
Order applies during the effective period of the Order.
---------------------------------------------------------------------------
\1\ For purposes of this Order, ``person'' includes
corporations, companies, associations, firms, partnerships,
societies, and joint stock companies, as well as individuals.
---------------------------------------------------------------------------
Definitions
``Available government assistance'' means any governmental rental
or housing payment benefits available to the individual or any
household member.
``Available housing'' means any available, unoccupied residential
property, or other space for occupancy in any seasonal or temporary
housing, that would not violate federal, state, or local occupancy
standards and that would not result in an overall increase of housing
cost to such individual.
``Covered person'' \2\ means any tenant, lessee, or resident of a
residential property who provides to their landlord, the owner of the
residential property, or other person with a legal right to pursue
[[Page 16732]]
eviction or a possessory action,\3\ a declaration under penalty of
perjury indicating that:
---------------------------------------------------------------------------
\2\ This definition is based on factors that are known to
contribute to evictions and thus increase the need for individuals
to move into close quarters in new congregate or shared living
arrangements or experience homelessness. Individuals who suffer job
loss, have limited financial resources, are low income, or have high
out-of-pocket medical expenses are more likely to be evicted for
nonpayment of rent than others not experiencing these factors. See
Desmond, M., Gershenson, C., Who gets evicted? Assessing individual,
neighborhood, and network factors, Soc Sci Res. 2017;62:362-377.
doi:10.1016/j.ssresearch.2016.08.017, (identifying job loss as a
possible predictor of eviction because renters who lose their jobs
experience not only a sudden loss of income but also the loss of
predictable future income). According to one survey, over one
quarter (26%) of respondents also identified job loss as the primary
cause of homelessness. See 2019 San Francisco Homeless Count &
Survey Comprehensive Report, Applied Survey Research, at 22, https://hsh.sfgov.org/wp-content/uploads/2020/01/2019HIRDReport_SanFrancisco_FinalDraft-1.pdf. (last viewed Mar. 24,
2021).
\3\ As used throughout this Order, this would include, without
limitation, an agent or attorney acting on behalf of the landlord or
the owner of the residential property.
---------------------------------------------------------------------------
(1) The individual has used best efforts to obtain all available
government assistance for rent or housing;
(2) The individual either (i) earned no more than $99,000 (or
$198,000 if filing jointly) in Calendar Year 2020, or expects to earn
no more than $99,000 in annual income for Calendar Year 2021 (or no
more than $198,000 if filing a joint tax return),\4\ (ii) was not
required to report any income in 2020 to the U.S. Internal Revenue
Service, or (iii) received an Economic Impact Payment (stimulus
check).5 6
---------------------------------------------------------------------------
\4\ According to one study, the national two-bedroom housing
wage in 2020 was $23.96 per hour (approximately, $49,837 annually),
meaning that an hourly wage of $23.96 was needed to afford a modest
two-bedroom house without spending more than 30% of one's income on
rent. The hourly wage needed in Hawaii (the highest cost U.S. State
for rent) was $38.76 (approximately $80,621 annually). See Out of
Reach: How Much do you Need to Earn to Afford a Modest Apartment in
Your State?, National Low Income Housing Coalition, https://reports.nlihc.org/oor (last visited Mar. 23, 2021). As further
explained herein, because this Order is intended to serve the
critical public health goal of preventing evicted individuals from
potentially contributing to the interstate spread of COVID-19
through movement into close quarters in new congregate, shared
housing settings, or though homelessness, the higher income
thresholds listed here have been determined to better serve this
goal.
\5\ ``Stimulus check'' includes payments made pursuant to
Section 2201 of the CARES Act, to Section 9601 of the American
Rescue Plan Act of 2021, or to any similar federally authorized
payments made to individual natural persons in 2020 and 2021.
Eligibility for the 2020 or 2021 stimulus checks has been based on
an income that is equal to or lower than the income thresholds
described above and does not change or expand who is a covered
person under this Order since it was entered into on September 4,
2020.
\6\ A person is likely to qualify for protection under this
Order if they receive the following benefits: (a) Temporary
Assistance for Needy Families (TANF); (b) Supplemental Nutrition
Assistance Program (SNAP); (c) Supplemental Security Income (SSI);
or (d) Supplemental Security Disability Income (SSDI) to the extent
that income limits for these programs are less than or equal to the
income limits for this Order. However, it is the individual's
responsibility to verify that their income is within the income
limits described.
---------------------------------------------------------------------------
(3) The individual is unable to pay the full rent or make a full
housing payment due to substantial loss of household income, loss of
compensable hours of work or wages, a lay-off, or extraordinary \7\
out-of-pocket medical expenses;
---------------------------------------------------------------------------
\7\ Extraordinary expenses are defined as those that prevented
you from paying some or all of your rent or providing for other
basic necessities like food security. To qualify as an extraordinary
medical expense, the unreimbursed medical expense is on that is
likely to exceed 7.5% of one's adjusted gross income for the year.
---------------------------------------------------------------------------
(4) The individual is using best efforts to make timely partial
payments that are as close to the full payment as the individual's
circumstances may permit, taking into account other nondiscretionary
expenses; and
(5) Eviction would likely render the individual homeless--or force
the individual to move into and live in close quarters in a new
congregate or shared living setting--because the individual has no
other available housing options.
``Evict'' and ``Eviction'' means any action by a landlord, owner of
a residential property, or other person with a legal right to pursue
eviction or possessory action, to remove or cause the removal of a
covered person from a residential property. This definition also does
not prohibit foreclosure on a home mortgage.
``Residential property'' means any property leased for residential
purposes, including any house, building, mobile home or land in a
mobile home park,\8\ or similar dwelling leased for residential
purposes, but shall not include any hotel, motel, or other guest house
rented to a temporary guest or seasonal tenant as defined under the
laws of the state, territorial, tribal, or local jurisdiction.
---------------------------------------------------------------------------
\8\ Mobile home parks may also be referred to as manufactured
housing communities.
---------------------------------------------------------------------------
``State'' shall have the same definition as under 42 CFR 70.1,
meaning ``any of the 50 states, plus the District of Columbia.''
``U.S. territory'' shall have the same definition as under 42 CFR
70.1, meaning ``any territory (also known as possessions) of the United
States, including American Samoa, Guam, the Northern Mariana Islands,
the Commonwealth of Puerto Rico, and the U.S. Virgin Islands.''
Statement of Intent
This Order shall be interpreted and implemented in a manner as to
achieve the following objectives:
Mitigating the spread of COVID-19 within crowded,
congregate or shared living settings, or through unsheltered
homelessness;
Mitigating the further spread of COVID-19 from one state
or territory into any other state or territory;
Mitigating the further spread of COVID-19 by temporarily
suspending the eviction of covered persons from residential property
for nonpayment of rent; and
Supporting response efforts to COVID-19 at the federal,
state, local, territorial, and tribal levels.
Background
There is currently a pandemic of a respiratory disease (``COVID-
19'') caused by a novel coronavirus (SARS-COV-2) that has now spread
globally, including cases reported in all fifty states within the
United States, plus the District of Columbia and U.S. territories. As
of March 25, 2021, there have been almost 125 million cases of COVID-19
globally, resulting in over 2,700,000 deaths.\9\ Over 29,700,000 cases
have been identified in the United States, with new cases reported
daily, and over 540,000 deaths due to the disease.\10\ Although
transmission has decreased since a peak in January 2021, the current
number of cases per day remains almost twice as high as the initial
peak in April 2020 and transmission rates are similar to the second
peak in July 2020.
---------------------------------------------------------------------------
\9\ COVID-19 Dashboard by the Center for Systems Science and
Engineering (CSSE) at Johns Hopkins University (JHU), Johns Hopkins
Coronavirus Resource Center, https://coronavirus.jhu.edu/map.html
(last visited Mar. 25, 2021).
\10\ COVID Data Tracker, Centers for Disease Control and
Prevention, https://COVID.cdc.gov/COVID-data-tracker/#datatracker-home (last visited Mar. 25, 2021).
---------------------------------------------------------------------------
The virus that causes COVID-19 spreads very easily and sustainably
between people who are in close contact with one another (within about
6 feet), mainly through respiratory droplets produced when an infected
person coughs, sneezes, or talks. Individuals without symptoms can also
spread the virus.\11\ Among adults, the risk for severe illness from
COVID-19 increases with age, with older adults at highest risk. Severe
illness means that persons with COVID-19 may require hospitalization,
intensive care, or a ventilator to help them breathe, and may be fatal.
People of any age with certain underlying medical conditions (e.g.
cancer, obesity, serious heart conditions, or diabetes) are at
increased risk for severe illness from COVID-19.\12\
---------------------------------------------------------------------------
\11\ Johansson MA, Quandelacy TM, Kada S, et al. SARS-CoV-2
Transmission From People Without COVID-19 Symptoms. JAMA Netw Open.
2021;4(1):e2035057. doi:10.1001/jamanetworkopen.2020.35057
\12\ People with Certain Medical Conditions, Centers for Disease
Control and Prevention, https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-with-medical-conditions.html (last
updated Mar. 15, 2021).
---------------------------------------------------------------------------
COVID-19 presents a historic threat to public health, and COVID-19
cases have been detected in every county in the continental United
States.\13\ Between December 2020 and January 2021, the number of
deaths per day from COVID-19 consistently exceeded any other
[[Page 16733]]
cause.\14\ Although transmission levels have decreased since January,
between February 25 and March 25, 2021, the daily incidence of COVID-19
remained comparable to the summer peak of transmission in July 2020,
which is higher than the daily incidence when the Order initially took
effect in September, 2020. Furthermore, 37% of counties in the United
States are categorized as experiencing ``high'' transmission (over 100
cases per 100,000 people or greater than 10% test positivity) and an
additional 30% of counties are categorized as experiencing
``substantial'' transmission (50-99.99 cases per 100,000 people or 8-
9.99% test positivity).\15\ No counties are currently considered free
of spread, and only 8% of counties are considered to have low
transmission.\16\
---------------------------------------------------------------------------
\13\ US COVID-19 cases and deaths by state, USAFacts, https://usafacts.org/visualizations/coronavirus-COVID-19-spread-map/ (last
visited Mar. 24, 2021).
\14\ Woolf SH, Chapman DA, Lee JH. COVID-19 as the Leading Cause
of Death in the United States. JAMA. 2021;325(2):123-124.
doi:10.1001/jama.2020.24865.
\15\ COVID-19 Integrated County View, Centers for Disease
Control and Prevention, https://COVID.cdc.gov/COVID-data-tracker/#county-view (last visited Mar. 22, 2021).
\16\ Id.
---------------------------------------------------------------------------
Two-dose mRNA COVID-19 vaccination became available in December
2020 and as of March 27, 2021 over 50 million people in the United
States (more than 15% of the population) have been fully immunized.\17\
In February 2021, a single dose COVID-19 vaccine also became available.
CDC continues to update guidance for COVID-19 precautions among
individuals who have been fully vaccinated; however, currently there
are no recommended changes to COVID-19 prevention recommendations
related to activities in public, such as avoiding crowded and poorly
ventilated places. This is particularly important given continued
transmission. Even as COVID-19 vaccines continue to be distributed, it
remains critical to maintain COVID-19 precautions to avoid further
rises in transmission and to guard against yet another increase in the
rates of new infections. It is important to note that despite higher
rates of vaccine coverage, the simultaneous roll-back of community
mitigation efforts may continue to expose vulnerable populations, such
as those targeted in this Order, to higher-than-average COVID-19 rates.
It is important to note that despite higher rates of vaccine coverage,
the simultaneous roll-back of community mitigation efforts may continue
to expose vulnerable populations, such as those targeted in this Order,
to higher-than-average COVID-19 rates.\18\
---------------------------------------------------------------------------
\17\ Id.
\18\ COVID Data Tracker, Centers for Disease Control and
Prevention, https://COVID.cdc.gov/COVID-data-tracker/#datatracker-home (last visited Mar. 25, 2021).
---------------------------------------------------------------------------
In recent months, new variants of SARS-CoV-2 have also emerged
globally.\19\ Epidemiological evaluation of these variants shows
increased transmissibility as well as possible increased mortality. The
current substantial levels of transmission and the emergence of
variants highlight the persistent and dynamic nature of the pandemic
and the need for continued protections.
---------------------------------------------------------------------------
\19\ Abdool Karim SS, de Oliveira T. New SARS-CoV-2 Variants--
Clinical, Public Health, and Vaccine Implications [published online
ahead of print, 2021 Mar 24]. N Engl J Med. 2021;10.1056/
NEJMc2100362. doi:10.1056/NEJMc2100362.
---------------------------------------------------------------------------
To respond to this public health threat, Federal, state, and local
governments have taken unprecedented or exceedingly rare actions,
including border closures, restrictions on travel, stay-at-home orders,
mask requirements, and eviction moratoria. In particular, the COVID-19
pandemic has triggered unprecedented restrictions on interstate and
foreign travel. For example, many states require travelers arriving
from other states to obtain negative test results and/or quarantine
upon arrival.\20\ For international travel, all passengers age two or
older--including U.S. citizens--must obtain a negative test result or
show proof of recovery before they may board a flight to the United
States.\21\ Despite the need for travel precautions, airport use has
increased in recent weeks, leading to heightened concerns of interstate
transmission.\22\ SARS-CoV-2 transmission, behavior change, and travel
restrictions have devastated industries that depend on the movement of
people, such as the travel, leisure, and hospitality.\23\ Ten months
after the initial wave of closures due to COVID-19, over 16 percent of
the hospitality and leisure sector's labor force was unemployed.\24\
The persistent spread of COVID-19 continues to necessitate preventive
action.
---------------------------------------------------------------------------
\20\ Travel During COVID-19, Centers for Disease Control and
Prevention, https://www.cdc.gov/coronavirus/2019-ncov/travelers/travel-during-COVID19.html (last updated Feb. 16, 2021).
\21\ Id.
\22\ Cecelia Smith-Schoenwalder, CDC Urges Americans to Avoid
Travel as Airport Screenings Approach Pandemic Peak, U.S. News,
https://www.usnews.com/news/health-news/articles/2021-03-22/cdc-urges-americans-to-avoid-travel-as-airport-screenings-approach-pandemic-peak (last visited Mar. 26, 2021).
\23\ Aaron Klein & Ember Smith, Explaining the economic impact
of COVID-19: Core industries and the Hispanic workforce, Brookings
Institute, https://www.brookings.edu/research/explaining-the-economic-impact-of-COVID-19-core-industries-and-the-hispanic-workforce/ (last visited Mar. 23, 2021).
\24\ Labor Force Statistics from the Current Population Survey,
U.S. Bureau of Labor Statistics, https://www.bls.gov/web/empsit/cpseea31.htm (last updated Mar. 5, 2021).
---------------------------------------------------------------------------
In the context of a pandemic, eviction moratoria--like quarantine,
isolation, and social distancing--can be an effective public health
measure utilized to prevent the spread of communicable disease.
Eviction moratoria facilitate self-isolation by people who become ill
or who are at risk for severe illness from COVID-19 due to an
underlying medical condition. They also allow state and local
authorities to more easily implement, as needed, stay-at-home and
social distancing directives to mitigate the community spread of COVID-
19.
Congress passed the Coronavirus Aid, Relief, and Economic Security
(CARES) Act (Pub. L. 116-136) to aid individuals and businesses
adversely affected by COVID-19 in March 2020. Section 4024 of the CARES
Act provided a 120-day moratorium on eviction filings as well as other
protections for tenants in certain rental properties with federal
assistance or federally related financing. These protections helped
alleviate the public health consequences of tenant displacement during
the COVID-19 pandemic. The CARES Act eviction moratorium expired on
July 24, 2020. The protections in the CARES Act supplemented temporary
eviction moratoria and rent freezes implemented by governors and other
local officials using emergency powers. Researchers estimated that this
temporary federal moratorium provided relief to a material portion of
the nation's roughly 43 million renters.\25\ The CARES act also
provided funding streams for emergency rental assistance; surveys
estimate that this assistance became available to the public through
rental assistance programs by July 2020.\26\
---------------------------------------------------------------------------
\25\ See CARES Act Eviction Moratorium, Congressional Research
Service, https://crsreports.congress.gov/product/pdf/IN/IN11320
(last visited Mar. 23, 2021).
\26\ Vincent Reina et al., COVID-19 Emergency Rental Assistance:
Analysis of a National Survey of Programs, Research Brief, https://nlihc.org/sites/default/files/HIP_NLIHC_Furman_Brief_FINAL.pdf (last
visited Mar. 26, 2021).
---------------------------------------------------------------------------
The federal moratorium provided by the CARES Act, however, did not
reach all renters. Many renters who fell outside the scope of the
Federal moratorium were instead protected under state and local
moratoria. In August, it was estimated that as many as 30-40 million
people in America could be at risk of eviction.\27\ In early
[[Page 16734]]
March, 2021, the Census Household Pulse Survey estimated that over 4
million adults who are not current on rent perceive that they are at
imminent risk of eviction.\28\ A wave of evictions on that scale would
be unprecedented in modern times.\29\ A large portion of those who are
evicted may move into close quarters in shared housing or, as discussed
below, become homeless, thus becoming at higher risk of COVID-19.
---------------------------------------------------------------------------
\27\ See Emily Benfer et al., The COVID-19 Eviction Crisis: An
Estimated 30-40 Million People in America are at Risk, Aspen
Institute, https://www.aspeninstitute.org/blog-posts/the-COVID-19-eviction-crisis-an-estimated-30-40-million-people-in-america-are-at-risk/ (last visited Mar. 23, 2021).
\28\ Household Pulse Survey, United States Census Bureau,
https://www.census.gov/data-tools/demo/hhp/#/?measures=EVR (last
visited Mar. 25, 2021).
\29\ As a baseline, approximately 900,000 renters are evicted
every year in the United States. Princeton University Eviction Lab.
National Estimates: Eviction in America, The Eviction Lab: Princeton
University, https://evictionlab.org/national-estimates/ (last
visited Mar. 24, 2021).
---------------------------------------------------------------------------
On September 4, 2020, the CDC Director issued an Order temporarily
halting evictions in the United States for the reasons described
therein. That Order was set to expire on December 31, 2020, subject to
further extension, modification, or rescission. Section 502 of Title V,
Division N of the Consolidated Appropriations Act, 2021 extended the
Order until January 31, 2021. With the extension of the Order, Congress
also provided $25 billion for emergency rental assistance for the
payment of rent and rental arrears. Congress later provided an
additional $21.55 billion in emergency rental assistance when it passed
the American Rescue Plan.
On January 29, 2021, following an assessment of the ongoing
pandemic, the CDC Director renewed the Order until March 31, 2021. This
Order further extends and modifies the prior Eviction Moratoria until
June 30, 2021, for the reasons described herein, subject to revision
based on the changing public health landscape. To the extent any
provision of this Order conflicts with prior Orders, this Order is
controlling.
Researchers estimate that, in 2020, Federal, state, and local
eviction moratoria led to over one million fewer evictions than the
previous year.\30\ Additional research shows that, despite the CDC
eviction moratorium leading to an estimated 50% decrease in eviction
filings compared to the historical average, there have still been over
100,000 eviction filings since September, suggesting high demand and
likelihood of mass evictions.\31\
---------------------------------------------------------------------------
\30\ Pete Hepburn & Renee Louis, Preliminary Analysis: Six
Months of the CDC Eviction Moratorium, The Eviction Lab: Princeton
University, https://evictionlab.org/six-months-cdc/ (last visited
Mar. 26, 2021).
\31\ Id.
---------------------------------------------------------------------------
Eviction and Risk of COVID-19 Transmission
Evicted renters must move, which leads to multiple outcomes that
increase the risk of COVID-19 spread. Specifically, many evicted
renters move into close quarters in shared housing or other congregate
settings. According to the Census Bureau American Housing Survey, 32%
of renters reported that they would move in with friends or family
members upon eviction, which would introduce new household members and
potentially increase household crowding. Studies show that COVID-19
transmission occurs readily within households. The secondary attack
rate in households has been estimated to be 17%, and household contacts
are estimated to be 6 times more likely to become infected by an index
case of COVID-19 than other close contacts. A study of pregnant women
in New York City showed that women in large households (greater number
of residents per household) were three times as likely to test positive
for SARS-CoV-2 than those in smaller households, and those in
neighborhoods with greater household crowding (>1 resident per room)
were twice as likely to test positive.
Throughout the United States, counties with the highest proportion
of crowded households have experienced COVID-19 mortality rates 2.6
times those of counties with the lowest proportion of crowded
households.
Shared housing is not limited to friends and family. It includes a
broad range of settings, including transitional housing and domestic
violence and abuse shelters. Special considerations exist for such
housing because of the challenges of maintaining social distance.
Residents often gather closely or use shared equipment, such as kitchen
appliances, laundry facilities, stairwells, and elevators. Residents
may have unique needs, such as disabilities, chronic health conditions,
cognitive decline, or limited access to technology, and thus may find
it more difficult to take actions to protect themselves from COVID-19.
CDC recommends that shelters provide new residents with a clean mask,
keep them isolated from others, screen for symptoms at entry, or
arrange for medical evaluations as needed depending on symptoms.
Accordingly, an influx of new residents at facilities that offer
support services could potentially overwhelm staff and, if
recommendations are not followed, lead to exposures.
Preliminary modeling projections and observational data from COVID-
19 incidence comparisons across states that implemented and lifted
eviction moratoria indicate that evictions substantially contribute to
COVID-19 transmission. In mathematical models where eviction led
exclusively to sharing housing with friends or family, lifting eviction
moratoria led to a 40% increased risk of contracting COVID-19 among
people who were evicted and those with whom they shared housing after
eviction (pre-peer review). Compared to a scenario where no evictions
occurred, the models also predicted a 5-50% increased risk of
infection, even for those who did not share housing, as a result of
increased overall transmission. The authors estimated that anywhere
from 1,000 to 100,000 excess cases per million population could be
attributable to evictions depending on the eviction and infection
rates.
An analysis of observational data from state-based eviction
moratoria in the 43 states and the District of Columbia showed
significant increases in COVID-19 incidence and mortality approximately
2-3 months after eviction moratoria were lifted (pre-peer review).
Specifically, the authors compared the COVID-19 incidence and mortality
rates in states that lifted their moratoria with the rates in states
that maintained their moratoria. In these models, the authors
controlled for time-varying indicators of each state's test count as
well as major public-health interventions including lifting stay-at-
home orders, school closures, and mask mandates. After adjusting for
these other changes, they found that the incidence of COVID-19 in
states that lifted their moratoria was 1.6 times that of states that
did not at 10 weeks post-lifting (95% CI 1.0, 2.3), a ratio that grew
to 2.1 at >=16 weeks (CI 1.1, 3.9). Similarly, they found that
mortality in states that lifted their moratoria was 1.6 times that of
states that did not at 7 weeks post-lifting (CI 1.2, 2.3), a ratio that
grew to 5.4 at >=16 weeks (CI 3.1, 9.3). The authors estimated that,
nationally, over 433,000 cases of COVID-19 and over 10,000 deaths could
be attributed to lifting state moratoria.\32\
---------------------------------------------------------------------------
\32\ Leifheit, Kathryn M. and Linton, Sabriya L. and Raifman,
Julia and Schwartz, Gabriel and Benfer, Emily and Zimmerman,
Frederick J and Pollack, Craig, Expiring Eviction Moratoriums and
COVID-19 Incidence and Mortality (November 30, 2020). Available at
SSRN: https://ssrn.com/abstract=3739576 or http://dx.doi.org/10.2139/ssrn.3739576.
---------------------------------------------------------------------------
[[Page 16735]]
Although data are limited, available evidence suggests evictions
lead to interstate spread of COVID-19 in two ways. First, an eviction
may lead the evicted members of a household to move across state lines.
Of the 35 million Americans who move each year, 15% move to a new
state. Second, even if a particular eviction, standing alone, would not
always result in interstate displacement, the mass evictions that would
occur in the absence of this Order would inevitably increase the
interstate spread of COVID-19. This Order cannot effectively mitigate
interstate transmission of COVID-19 without covering intrastate
evictions, as the level of spread of SARS-CoV-2 resulting from these
evictions can lead to SARS-CoV-2 transmission across state borders.
Moreover, intrastate spread facilitates interstate spread in the
context of communicable disease spread, given the nature of infectious
disease. In the aggregate, the mass-scale evictions that will likely
occur in the absence of this Order will inevitably increase interstate
spread of COVID-19.
Eviction, Homelessness, and Risk of Severe Disease From COVID-19
Evicted individuals without access to support or other assistance
options may become homeless, including older adults or those with
underlying medical conditions, who are more at risk for severe illness
from COVID-19 than the general population. In Seattle-King County, 5-
15% of people experiencing homelessness between 2018 and 2020 cited
eviction as the primary reason for becoming homeless. Additionally,
some individuals and families who are evicted may originally stay with
family or friends, but subsequently seek homeless services. Among
people who entered shelters throughout the United States in 2017, 27%
were staying with family or friends beforehand.
People experiencing homelessness are at high risk for COVID-19. It
may be more difficult for these persons to consistently access the
necessary resources to adhere to public health recommendations to
prevent COVID-19. For instance, it may not be possible to avoid certain
congregate settings such as homeless shelters, or easily access
facilities to engage in handwashing with soap and water.
Extensive outbreaks of COVID-19 have been identified in homeless
shelters. In Seattle, Washington, a network of three related homeless
shelters experienced an outbreak that led to 43 cases among residents
and staff members. In Boston, Massachusetts, universal COVID-19 testing
at a single shelter revealed 147 cases, representing 36% of shelter
residents. COVID-19 testing in a single shelter in San Francisco led to
the identification of 101 cases (67% of those tested). Data from 557
universal diagnostic testing events at homeless shelters in 21 states
show an average of 6% positivity among shelter clients. Data comparing
the incidence or severity of COVID-19 among people experiencing
homelessness directly to the general population are limited. However,
during the 15-day period of the outbreak in Boston, MA, researchers
estimated a cumulative incidence of 46.3 cases of COVID-19 per 1000
persons experiencing homelessness, as compared to 1.9 cases per 1000
among Massachusetts adults (pre-print).
CDC guidance recommends increasing physical distance between beds
in homeless shelters. To adhere to this guidance, shelters have limited
the number of people served throughout the United States. In many
places, considerably fewer beds are available to individuals who become
homeless. Shelters that do not adhere to the guidance, and operate at
ordinary or increased occupancy, are at greater risk for the types of
outbreaks described above. The challenge of mitigating disease
transmission in homeless shelters has been compounded because some
organizations have chosen to stop or limit volunteer access and
participation.
In the context of the current pandemic, large increases in
evictions resulting in homelessness could have at least two potential
negative consequences. One is if homeless shelters increase occupancy
in ways that increase the exposure risk to COVID-19. The other is if
homeless shelters limit new admissions, leading to increases in
unsheltered homelessness, which is associated with significantly
heightened risk of mortality generally. Neither consequence is in the
interest of the public health.
Additionally, research suggests that the population of persons who
would be evicted and those experiencing homelessness may be at risk of
severe disease from COVID-19. Five studies have shown an association
between eviction and hypertension, which has been associated with more
severe outcomes from COVID-19. Also, people experiencing homelessness
often have underlying conditions that increase their risk of severe
outcomes of COVID-19. Among patients with COVID-19, homelessness has
been associated with increased likelihood of hospitalization.
In short, evictions threaten to increase the spread of COVID-19 as
they force people to move, often into close quarters in new shared
housing settings with friends or family, or congregate settings such as
homeless shelters. The ability of these settings to adhere to best
practices, such as social distancing and other infection control
measures, decreases as populations increase.
Modifications
In addition to extending the effective period of the prior orders,
this Order makes several modifications. A description of each
modification follows:
CDC added a statement in the ``Statement of Intent'' section
consistent with the clarification of the ``Evict'' and ``Eviction''
definitions. The statement now specifically clarifies that one intended
purpose of this Order is to mitigate the spread of COVID-19 by
temporarily suspending the eviction of covered persons from residential
property for nonpayment of rent.
CDC modified the ``Applicability'' section to add the following
points:
A signed declaration submitted under a previous order remains valid
notwithstanding the issuance of this extended and modified order, and
covered persons do not need to submit a new declaration under this
Order. Evictions for nonpayment of rent initiated prior to September 4,
2020, but not yet completed are subject to this Order, but those that
were completed before September 4, 2020, are not subject to the Order.
While the Order does not prohibit evictions for engaging in criminal
activity while on the leased premises, covered persons may not be
evicted on the sole basis that they are alleged to have committed the
crime of trespass (or similar state-law offense) where the underlying
activity is a covered person remaining in a residential property
despite nonpayment of rent. Individuals who are confirmed to have, who
have been exposed to, or who might have COVID-19 and take reasonable
precautions to not spread the disease should not be evicted on grounds
that they pose a health or safety threat to other residents.
Even if a particular eviction, standing alone, would not always
result in interstate displacement, the mass evictions that would occur
in the absence of this Order would inevitably increase the interstate
spread of COVID-19. Moreover, increases in intrastate spread further
facilitate interstate spread in the context of communicable disease
spread.
The ``Background,'' ``Eviction and Risk of COVID-19 Infection'' and
``Eviction, Homelessness, and Risk of Severe Disease from COVID-19''
[[Page 16736]]
subsections have been revised to reflect updated epidemiological and
other relevant information in support of this Order.
CDC added a new section titled ``Declaration Forms'' with the
following points:
To qualify as a covered person eligible for the protections of this
Order, a tenant, lessee, or resident of a residential property must
provide a completed and signed copy of a declaration with the elements
listed in the definition of ``Covered Person'' to their landlord, owner
of the residential property where they live, or other person who has a
right to have them evicted or removed.
Tenants, lessees, or residents of a residential property may use
any written document in place of the Declaration Form if it includes
the required information as in the Form, is signed, and includes a
perjury statement.
Tenants, lessees, or residents of a residential property can use a
form translated into other Languages.
In some circumstances, it may be appropriate for one member of the
residence to provide an executed declaration on behalf of the other
adult residents who are party to the lease, rental agreement, or
housing contract.
CDC modified the ``Findings and Action'' section to, among other
things, further explain that this Order is not a rule within the
meaning of the Administrative Procedure Act and, to the extent a court
finds that the Order qualifies as a rule, there is good cause to
dispense with prior public notice and comment.
Applicability
This Order does not apply in any state, local, territorial, or
tribal area with a moratorium on residential evictions that provides
the same or greater level of public-health protection than the
requirements listed in this Order or to the extent its application is
prohibited by federal court order. In accordance with 42 U.S.C. 264(e),
this Order does not preclude state, local, territorial, and tribal
authorities from imposing additional requirements that provide greater
public-health protection and are more restrictive than the requirements
in this Order.
This Order is a temporary eviction moratorium to prevent the
further spread of COVID-19. This Order does not relieve any individual
of any obligation to pay rent, make a housing payment, or comply with
any other obligation that the individual may have under a tenancy,
lease, or similar contract. Nothing in this Order precludes the
charging or collecting of fees, penalties, or interest as a result of
the failure to pay rent or other housing payment on a timely basis,
under the terms of any applicable contract. Nothing in this Order
precludes evictions based on a tenant, lessee, or resident: (1)
Engaging in criminal activity while on the premises; (2) threatening
the health or safety of other residents; \33\ (3) damaging or posing an
immediate and significant risk of damage to property; (4) violating any
applicable building code, health ordinance, or similar regulation
relating to health and safety; or (5) violating any other contractual
obligation, other than the timely payment of rent or similar housing-
related payment (including non-payment or late payment of fees,
penalties, or interest).
---------------------------------------------------------------------------
\33\ Individuals who might have COVID-19 are advised to stay
home except to get medical care. Accordingly, individuals who might
have COVID-19 and take reasonable precautions to not spread the
disease should not be evicted on the ground that they may pose a
health or safety threat to other residents. See What to Do if You
are Sick, Centers for Disease Control and Prevention, https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/steps-when-sick.html (last updated Mar. 17, 2021).
---------------------------------------------------------------------------
A signed declaration submitted under a previous order remains valid
notwithstanding the issuance of this extended and modified order, and
covered persons do not need to submit a new declaration under this
Order.
Any evictions for nonpayment of rent initiated prior to September
4, 2020, but not yet completed, are subject to this Order. Any tenant,
lessee, or resident of a residential property who qualifies as a
``Covered Person'' and is still present in a rental unit is entitled to
protections under this Order. Any eviction that was completed prior to
September 4, 2020, is not subject to this Order.
Under this Order, covered persons may be evicted for engaging in
criminal activity while on the premises. But covered persons may not be
evicted on the sole basis that they are alleged to have committed the
crime of trespass (or similar state-law offense) where the underlying
activity is a covered person remaining in a residential property for
nonpayment of rent. Permitting such evictions would result in
substantially more evictions overall, thus increasing the risk of
disease transmission as otherwise covered persons move into congregate
settings or experience homelessness. This result would be contrary to
the stated objectives of this Order, and therefore would diminish their
effectiveness. Moreover, to the extent such criminal trespass laws are
invoked to establish criminal activity solely based on a tenant,
lessee, or resident of a residential property remaining in a
residential property despite the nonpayment of rent, such invocation
conflicts with this Order and is preempted pursuant to 42 U.S.C.
264(e).
Individuals who are confirmed to have, who have been exposed to, or
who might have COVID-19 and take reasonable precautions to not spread
the disease may not be evicted on grounds that they may pose a health
or safety threat to other residents.
The Order is extended through June 30, 2021, based on the current
and projected epidemiological context of SARS-CoV-2 transmission
throughout the United States. Although daily incidence of COVID-19
decreased and plateaued between January and March 25, 2021, widespread
transmission continues at high levels, making the Order still
necessary, especially given that previous plateaus have led to
secondary and tertiary phases of acceleration. Furthermore, the number
of deaths per day continues at levels comparable to or higher than when
this Order was established in September 2020.\34\ This 90-day extension
will allow the assessment of natural changes to COVID-19 incidence, the
influences of new variants, and the expansion of COVID-19 vaccine
coverage to determine if there is a continued need for a national
eviction moratorium.
---------------------------------------------------------------------------
\34\ Trends in Number of COVID-19 Cases and Deaths in the US
Reported to CDC, by State/Territory, Centers for Disease Control and
Prevention, https://COVID.cdc.gov/COVID-data-tracker/#trends_dailytrendsdeaths (last visited Mar. 22, 2021).
---------------------------------------------------------------------------
Declaration Forms
To qualify for the protections of this Order, a tenant, lessee, or
resident of a residential property must provide a completed and signed
copy of a declaration with the elements listed in the definition of
``Covered person'' to their landlord, owner of the residential property
where they live, or other person who has a right to have them evicted
or removed from where they live. To assist tenants and landlords, the
CDC created a standardized declaration form that can be downloaded
here: https://www.cdc.gov/coronavirus/2019-ncov/downloads/declaration-form.pdf.
Tenants, lessees, and residents of residential property are not
obligated to use the CDC form. Any written document that an eligible
tenant, lessee, or residents of residential property presents to their
landlord will comply with this Order, as long as it contains the
required elements of ``Covered person'' as described in this order. In
addition, tenants, lessees, and residents
[[Page 16737]]
of residential property are allowed to declare in writing that they
meet the elements of covered person in other languages.
All declarations, regardless of form used, must be signed, and must
include a statement that the tenant, lessee, or resident of a
residential property understands that they could be liable for perjury
for any false or misleading statements or omissions in the declaration.
This Order does not preclude a landlord challenging the truthfulness of
a tenant's, lessee's, or resident's declaration in court, as permitted
under state or local law.
In certain circumstances, such as individuals filing a joint tax
return, it may be appropriate for one member of the residence to
provide an executed declaration on behalf of the other adult residents
party to the lease, rental agreement, or housing contract. The
declaration may be signed and transmitted either electronically or by
hard copy.
Findings and Action
For the reasons described herein, I am extending and modifying the
September 4, 2020 Order, as extended by section 502 of Title V,
Division N of the Consolidated Appropriations Act, 2021 and further
extended by the January 29, 2021 Order. I have determined that
extending the temporary halt in evictions in this Order constitutes a
reasonably necessary measure under 42 CFR 70.2 to prevent the further
spread of COVID-19 throughout the United States. I have further
determined that measures by states, localities, or territories that do
not meet or exceed these minimum protections are insufficient to
prevent the interstate spread of COVID-19.\35\
---------------------------------------------------------------------------
\35\ In the United States, public health measures are
implemented at all levels of government, including the federal,
state, local, and tribal levels. Publicly-available compilations of
pending measures indicate that eviction moratoria and other
protections from eviction have expired or are set to expire in many
jurisdictions. COVID-19 Housing Policy Scorecard, The Eviction Lab:
Princeton University, https://evictionlab.org/COVID-policy-scorecard/ (last visited Mar. 23, 2021).
---------------------------------------------------------------------------
Based on the convergence of COVID-19, household crowding and
transmission, and the increased risk of individuals sheltering in close
quarters in congregate settings such as homeless shelters, which may be
unable to provide adequate social distancing as populations increase, I
have determined that extending the temporary halt on evictions is
appropriate.
Therefore, under 42 CFR 70.2, subject to the limitations under the
``Applicability'' section, the September 4, 2020 Order is hereby
modified and extended through June 30, 2021.
Accordingly, a landlord, owner of a residential property, or other
person with a legal right to pursue eviction or possessory action shall
not evict any covered person from any residential property in any state
or U.S. territory in which there are documented cases of COVID-19 that
provides a level of public-health protections below the requirements
listed in this Order.
This Order is not a rule within the meaning of the Administrative
Procedure Act (APA) but rather an emergency action taken under the
existing authority of 42 CFR 70.2. The purpose of section 70.2, which
was promulgated through notice-and-comment rulemaking, is to enable CDC
to take swift steps to prevent contagion without having to seek a
second round of public comments and without a delay in effective
date.\36\
---------------------------------------------------------------------------
\36\ Chambless Enters., LLC v. Redfield, No. 20-1455, 2020 WL
7588849, (W.D. La. 2020).
---------------------------------------------------------------------------
In the event that this Order qualifies as a rule under the APA,
notice and comment and a delay in effective date are not required
because there is good cause to dispense with prior public notice and
comment and the opportunity to comment on this Order and the delay in
effective date. See 5 U.S.C. 553(b)(3)(B). Considering the public
health emergency caused by COVID-19, it would be impracticable and
contrary to the public health, and by extension the public interest, to
delay the issuance and effective date of this Order.
In the September 4, 2020 Order, the previous CDC Director
determined that good cause existed because the public health emergency
caused by COVID-19 made it impracticable and contrary to the public
health, and by extension the public interest, to delay the issuance and
effective date of the Order. The previous Director also found that a
delay in the effective date of the Order would permit the occurrence of
evictions--potentially on a mass scale--that would have potentially
significant consequences. For these reasons, the previous Director
concluded that the delay in the effective date of the Order would
defeat the purpose of the Order and endanger the public health and,
therefore, determined that immediate action was necessary. As a result,
the previous Director issued the Order without prior notice and comment
and without a delay in the effective date. I made similar findings in
the January 29, 2021 Order.
As noted above, although transmission levels have decreased since
January, between February 25, 2021 and March 25, 2021, the daily
incidence of COVID-19 remained comparable to the summer peak of
transmission in July 2020. Daily incidence in the last 30 days has
remained consistently higher than the daily incidence when the Order
took effect in September 2020. Furthermore, 37% of counties in the
United States are categorized as experiencing ``high'' transmission
(over 100 cases per 100,000 people or greater than 10% test positivity)
and an additional 30% of counties are categorized as experiencing
``substantial'' transmission (50-99.99 cases per 100,000 people or 8-
9.99% test positivity). No counties are currently considered free of
spread, and only 8% of counties are considered to have low
transmission. Because of these reasons and because the current
extension is set to expire on March 31, 2021, I hereby conclude that
immediate action is again necessary without prior notice and comment
and without a delay in the effective date.
The rapidly changing nature of the pandemic requires not only that
CDC act swiftly, but also deftly to ensure that its actions are
commensurate with the threat. This necessarily involves assessing
evolving conditions that inform CDC's determinations.
Although the pandemic is dynamic and the situation evolves over
time, the fundamental public health threat that existed on September 4,
2020, and January 29, 2021--the risk of large numbers of residential
evictions contributing to the spread of COVID-19 throughout the United
States--continues to exist. Without this Order, there is every reason
to expect that evictions will increase. It is imperative that public
health authorities act quickly to help ward off an unprecedented wave
of evictions, which would threaten new spikes in SARS-CoV-2
transmission at a critical juncture in fight against COVID-19. Such
mass evictions and the attendant public-health consequences would be
very difficult, if not impossible, to reverse. It would be
impracticable and contrary to the public interest to delay the issuance
and effective date of the Order pending notice-and-comment rulemaking
for the reasons described herein, and because of the ever-changing
landscape of the pandemic and the uncertainty of whether Congress would
grant another extension as it did in December 2020.
Similarly, if this Order qualifies as a rule under the APA, the
Office of Information and Regulatory Affairs (OIRA) has determined that
it would be an economically significant regulatory
[[Page 16738]]
action pursuant to Executive Order 12866 and a major rule under the
Congressional Review Act (CRA). But there would not be a delay in its
effective date. CDC has determined that for the same reasons, there
would be good cause under the CRA to make the requirements herein
effective immediately. Thus, this action has been reviewed by OIRA.
If any provision of this Order, or the application of any provision
to any persons, entities, or circumstances, shall be held invalid, the
remainder of the provisions, or the application of such provisions to
any persons, entities, or circumstances other than those to which it is
held invalid, shall remain valid and in effect.
This Order shall be enforced by federal authorities and cooperating
state and local authorities through the provisions of 18 U.S.C. 3559,
3571; 42 U.S.C. 243, 268, 271; and 42 CFR 70.18. However, this Order
has no effect on the contractual obligations of renters to pay rent and
shall not preclude charging or collecting fees, penalties, or interest
as a result of the failure to pay rent or other housing payment on a
timely basis, under the terms of any applicable contract.
Criminal Penalties
Under 18 U.S.C. 3559, 3571; 42 U.S.C. 271; and 42 CFR 70.18, a
person violating this Order may be subject to a fine of no more than
$100,000 or one year in jail, or both, if the violation does not result
in a death, or a fine of no more than $250,000 or one year in jail, or
both if the violation results in a death, or as otherwise provided by
law. An organization violating this Order may be subject to a fine of
no more than $200,000 per event if the violation does not result in a
death or $500,000 per event if the violation results in a death or as
otherwise provided by law. The U.S. Department of Justice may initiate
criminal proceedings as appropriate seeking imposition of these
criminal penalties.
Notice to Cooperating State and Local Officials
Under 42 U.S.C. 243, the U.S. Department of Health and Human
Services is authorized to cooperate with and aid state and local
authorities in the enforcement of their quarantine and other health
regulations and to accept state and local assistance in the enforcement
of federal quarantine rules and regulations, including in the
enforcement of this Order.
Notice of Available Federal Resources
While this Order to prevent eviction is effectuated to protect the
public health, the states and units of local government are reminded
that the Federal Government has deployed unprecedented resources to
address the pandemic, including housing assistance.
The Department of Housing and Urban Development (HUD), the
Department of Agriculture, and Treasury have informed CDC that
unprecedented emergency resources have been appropriated through
various Federal agencies that assist renters and landlords during the
pandemic, including $46.55 billion to the Treasury through the
Consolidated Appropriations Act of 2021 and the American Rescue Plan
(ARP). Furthermore, in 2020 44 states and 310 local jurisdictions
allocated about $3.9 billion toward emergency rental assistance,
largely from funds appropriated to Treasury and HUD from the
Coronavirus Aid, Relief, and Economic Security (CARES).\37\ These three
rounds of federal appropriations also provided substantial resources
for homeless services, homeowner assistance, and supplemental stimulus
and unemployment benefits that low income renters used to pay rent.
---------------------------------------------------------------------------
\37\ Vincent Reina et al., COVID-19 Emergency Rental Assistance:
Analysis of a National Survey of Programs, Research Brief, https://nlihc.org/sites/default/files/HIP_NLIHC_Furman_Brief_FINAL.pdf (last
visited Mar. 26, 2021).
---------------------------------------------------------------------------
Visit https://home.treasury.gov/policy-issues/cares/state-and-local-governments for more information about the Coronavirus Relief
Fund and https://home.treasury.gov/policy-issues/cares/emergency-rental-assistance-program for more information about the Emergency
Rental Assistance Program. HUD has further informed CDC that
forbearance policies for mortgages backed by the federal government are
in effect until June 30, 2021, which provide many landlords, especially
smaller landlords, with temporary relief as new emergency rental
assistance programs are deployed.
HUD, USDA and Treasury grantees and partners play a critical role
in prioritizing efforts to support this goal. As grantees decide how to
deploy CDBG-CV and ESG-CV funds provided by the new funding from the
CARES Act, Consolidated Appropriations Act of 2021, and ARP all
communities should assess what resources have already been allocated to
prevent evictions and homelessness through temporary rental assistance
and homelessness prevention, particularly to the most vulnerable
households.
HUD stands at the ready to support American communities take these
steps to reduce the spread of COVID-19 and maintain economic
prosperity. For program support, including technical assistance, please
visit www.hudexchange.info/program-support. For further information on
HUD resources, tools, and guidance available to respond to the COVID-19
pandemic, state and local officials are directed to visit https://www.hud.gov/coronavirus. These tools include toolkits for Public
Housing Authorities and Housing Choice Voucher landlords related to
housing stability and eviction prevention, as well as similar guidance
for owners and renters in HUD-assisted multifamily properties.
Furthermore, tenants can visit consumerfinance.gov/housing for up-to-
date information on rent relief options, protections, and key
deadlines.
Effective Date
This Order is effective on April 1, 2021, and will remain in effect
through June 30, 2021, subject to revision based on the changing public
health landscape.
Authority: The authority for this Order is Section 361 of the
Public Health Service Act (42 U.S.C. 264) and 42 CFR 70.2.
Dated: March 29, 2021.
Sherri Berger,
Acting Chief of Staff, Centers for Disease Control and Prevention.
[FR Doc. 2021-06718 Filed 3-29-21; 4:15 pm]
BILLING CODE 4163-18-P
