Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19, 55292-55297 [2020-19654]

Agencies

• Centers for Disease Control and Prevention
• DEPARTMENT OF HEALTH AND HUMAN SERVICES

[Federal Register Volume 85, Number 173 (Friday, September 4, 2020)]
[Notices]
[Pages 55292-55297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19654]



[[Page 55292]]

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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.

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SUMMARY: The Centers for Disease Control and Prevention (CDC), located 
within the Department of Health and Human Services (HHS) announces the 
issuance 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 September 4, 2020 through December 31, 
2020.

FOR FURTHER INFORMATION CONTACT: Nina Witkofsky, Acting Chief of Staff, 
Centers for Disease Control and Prevention, 1600 Clifton Road NE, MS 
H21-10, Atlanta, GA 30329; Telephone: 404-639-7000; Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

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 
(excepting American Samoa). As of August 24, 2020, there were over 
23,000,000 cases of COVID-19 globally resulting in over 800,000 deaths; 
over 5,500,000 cases have been identified in the United States, with 
new cases being reported daily and over 174,000 deaths due to the 
disease.
    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. Some people without symptoms may be 
able to spread the virus. 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, such as cancer, an immunocompromised state, obesity, 
serious heart conditions, and diabetes, are at increased risk for 
severe illness from COVID-19.\1\
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    \1\ CDC, People with Certain Medical Conditions, https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-with-medical-conditions.html (accessed August 26, 2020).
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    COVID-19 presents a historic threat to public health. According to 
one recent study, the mortality associated with COVID-19 during the 
early phase of the outbreak in New York City was comparable to the peak 
mortality observed during the 1918 H1N1 influenza pandemic.\2\ During 
the 1918 H1N1 influenza pandemic, there were approximately 50 million 
influenza-related deaths worldwide, including 675,000 in the United 
States. To respond to this public health threat, the 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. Despite these 
best efforts, COVID-19 continues to spread and further action is 
needed.
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    \2\ Faust JS, Lin Z, del Rio C. Comparison of Estimated Excess 
Deaths in New York City During the COVID-19 and 1918 Influenza 
Pandemics. JAMA New Open. 2020;3(8):e2017527. doi:10.1001/
jamanetworkopen.2020.17527.
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    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 stay-at-home and social distancing 
directives to mitigate the community spread of COVID-19. Furthermore, 
housing stability helps protect public health because homelessness 
increases the likelihood of individuals moving into congregate 
settings, such as homeless shelters, which then puts individuals at 
higher risk to COVID-19. The ability of these settings to adhere to 
best practices, such as social distancing and other infection control 
measures, decreases as populations increase. Unsheltered homelessness 
also increases the risk that individuals will experience severe illness 
from COVID-19.

Applicability

    Under this Order, a landlord, owner of a residential property, or 
other person \3\ 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. 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. Nor does this 
order apply to American Samoa, which has reported no cases of COVID-19, 
until such time as cases are reported.
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    \3\ For purposes of this Order, ``person'' includes 
corporations, companies, associations, firms, partnerships, 
societies, and joint stock companies, as well as individuals.
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    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.

Renter's or Homeowner's Declaration

    Attachment A is a Declaration form that tenants, lessees, or 
residents of residential properties who are covered by the CDC's order 
temporarily halting residential evictions to prevent the further spread 
of COVID-19 may use. To invoke the CDC's order these persons must 
provide an executed copy of the Declaration form (or a similar 
declaration under penalty of perjury) 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. Each adult listed 
on the lease, rental agreement, or housing contract should likewise 
complete and provide a declaration. Unless the CDC order is extended, 
changed, or ended, the order prevents these persons from being evicted 
or removed from where they are living through December 31, 2020. These 
persons are still required to pay rent and follow all the other terms 
of their lease and rules of the place where they live. These persons 
may also still be evicted for reasons other than not paying rent or 
making a housing

[[Page 55293]]

payment. Executed declarations should not be returned to the Federal 
Government.

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 CFR 70.2

Temporary Halt in Residential Evictions To Prevent the Further Spread 
of COVID-19

Summary

    Notice and Order; and subject to the limitations under 
``Applicability'': Under 42 CFR 70.2, a landlord, owner of a 
residential property, or other person \4\ 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.
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    \4\ For purposes of this Order, ``person'' includes 
corporations, companies, associations, firms, partnerships, 
societies, and joint stock companies, as well as individuals.
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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'' \5\ 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 
eviction or a possessory action, a declaration under penalty of perjury 
indicating that:
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    \5\ 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, Social Science Research 62 
(2017), 366-377, https://dx.doi.org/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 Point-in-Time Count & Survey, page 22, available 
at: https://hsh.sfgov.org/wp-content/uploads/2020/01/2019HIRDReport_SanFrancisco_FinalDraft-1.pdf.
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    (1) The individual has used best efforts to obtain all available 
government assistance for rent or housing;
    (2) The individual either (i) expects to earn no more than $99,000 
in annual income for Calendar Year 2020 (or no more than $198,000 if 
filing a joint tax return),\6\ (ii) was not required to report any 
income in 2019 to the U.S. Internal Revenue Service, or (iii) received 
an Economic Impact Payment (stimulus check) pursuant to Section 2201 of 
the CARES Act;
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    \6\ 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 National 
Low-Income Housing Coalition, Out of Reach: The High Cost of Housing 
2020, available at: https://reports.nlihc.org/oor. 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.
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    (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;
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    \7\ An extraordinary medical expense is any unreimbursed medical 
expense likely to exceed 7.5% of one's adjusted gross income for the 
year.
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    (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 a possessory action, to remove or cause the removal of a 
covered person from a residential property. This does not include 
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, 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.
    ``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 congregate or 
shared living settings, or through unsheltered homelessness;
     mitigating the further spread of COVID-19 from one U.S. 
State or U.S. territory into any other U.S. State or U.S. territory; 
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 
(excepting American Samoa). As of August 24, 2020, there were over 
23,000,000 cases of COVID-19 globally resulting in over 800,000 deaths; 
over 5,500,000 cases have been identified in the United States, with 
new cases being reported daily and over 174,000 deaths due to the 
disease.
    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. Some people without symptoms may be 
able to spread the virus. 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, such as cancer, an

[[Page 55294]]

immunocompromised state, obesity, serious heart conditions, and 
diabetes, are at increased risk for severe illness from COVID-19.\8\
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    \8\ CDC, People with Certain Medical Conditions, https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-with-medical-conditions.html (accessed August 26, 2020).
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    COVID-19 presents a historic threat to public health. According to 
one recent study, the mortality associated with COVID-19 during the 
early phase of the outbreak in New York City was comparable to the peak 
mortality observed during the 1918 H1N1 influenza pandemic.\9\ During 
the 1918 H1N1 influenza pandemic, there were approximately 50 million 
influenza-related deaths worldwide, including 675,000 in the United 
States. To respond to this public health threat, the 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. Despite these 
significant efforts, COVID-19 continues to spread and further action is 
needed.
---------------------------------------------------------------------------

    \9\ Faust JS, Lin Z, del Rio C. Comparison of Estimated Excess 
Deaths in New York City During the COVID-19 and 1918 Influenza 
Pandemics. JAMA New Open. 2020;3(8):e2017527. doi:10.1001/
jamanetworkopen.2020.17527.
---------------------------------------------------------------------------

    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 stay-at-home and social distancing 
directives to mitigate the community spread of COVID-19. Furthermore, 
housing stability helps protect public health because homelessness 
increases the likelihood of individuals moving into close quarters in 
congregate settings, such as homeless shelters, which then puts 
individuals at higher risk to COVID-19.

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. 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.
    Additionally, this Order shall not apply to American Samoa, which 
has reported no cases of COVID-19, until such time as cases are 
reported.
    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; \10\ 
(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).
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    \10\ 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, available at https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/steps-when-sick.html.
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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.\11\ Studies show that COVID-19 
transmission occurs readily within households; household contacts are 
estimated to be 6 times more likely to become infected by an index case 
of COVID-19 than other close contacts.\12\
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    \11\ United States Census Bureau. American Housing Survey, 2017. 
https://www.census.gov/programs-surveys/ahs.html.
    \12\ Bi Q, Wu Y, Mei S, et al. Epidemiology and transmission of 
COVID-19 in 391 cases and 1286 of their close contacts in Shenzhen, 
China: a retrospective cohort study. Lancet Infect Dis 2020, https://doi.org/10.1016/S1473-3099(20)30287-5.
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    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, cognitive decline, or no 
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.\13\ 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.
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    \13\ See CDC COVID-19 Guidance for Shared or Congregate Housing, 
available at: https://www.cdc.gov/coronavirus/2019-ncov/community/shared-congregate-house/guidance-shared-congregate-housing.html.
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    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. 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.\14\ The protections in the CARES Act supplemented temporary 
eviction moratoria and rent freezes implemented by governors and local 
officials using emergency powers.
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    \14\ Because evictions generally require 30-days' notice, the 
effects of housing displacement due to the expiration of the CARES 
act are not expected to manifest until August 27, 2020.
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    Researchers estimated that this temporary Federal moratorium 
provided relief to a material portion of the nation's roughly 43 
million renters.\15\

[[Page 55295]]

Approximately 12.3 million rental units have federally backed 
financing, representing 28% of renters. Other data show more than 2 
million housing vouchers along with approximately 2 million other 
federally assisted rental units.\16\
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    \15\ See Congressional Research Service, CARES Act Eviction 
Moratorium, (April 7, 2020) available at: https://crsreports.congress.gov/product/pdf/IN/IN11320.
    \16\ See HUD, A Picture of Subsidized Households General 
Description of the Data and Bibliography, available at: https://www.huduser.gov/portal/datasets/assthsg/statedata98/descript.html.
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    The Federal moratorium, however, did not reach all renters. Many 
renters who fell outside the scope of the Federal moratorium were 
protected under State and local moratoria. In the absence of State and 
local protections, as many as 30-40 million people in America could be 
at risk of eviction.\17\ A wave of evictions on that scale would be 
unprecedented in modern times.\18\ A large portion of those who are 
evicted may move into close quarters in shared housing or, as discussed 
below, become homeless, thus contributing to the spread of COVID-19.
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    \17\ See Emily Benfer, et al., The COVID-19 Eviction Crisis: An 
Estimated 30-40 Million People in America are at Risk, available at: 
https://www.aspeninstitute.org/blog-posts/the-covid-19-eviction-crisis-an-estimated-30-40-million-people-in-america-are-at-risk/.
    \18\ As a baseline, approximately 900,000 renters are evicted 
every year in the United States. Princeton University Eviction Lab. 
National Estimates: Eviction in America. https://evictionlab.org/national-estimates/.
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    The statistics on interstate moves show that mass evictions would 
likely increase the interstate spread of COVID-19. Over 35 million 
Americans, representing approximately 10% of the U.S. population, move 
each year.\19\ Approximately 15% of moves are interstate.\20\
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    \19\ See U.S. Census Bureau, CPS Historical Migration/Geographic 
Mobility Tables, available at: https://www.census.gov/data/tables/time-series/demo/geographic-mobility/historic.html.
    \20\ Id.
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Eviction, Homelessness, and Risk of Severe Disease From COVID-19
    Evicted individuals without access to housing or assistance options 
may also contribute to the homeless population, including older adults 
or those with underlying medical conditions, who are more at risk for 
severe illness from COVID-19 than the general population.\21\ In 
Seattle-King County, 5-15% of people experiencing homelessness between 
2018 and 2020 cited eviction as the primary reason for becoming 
homeless.\22\ 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.\23\
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    \21\ See CDC, Coronavirus Disease 2019 (COVID-19), People Who 
Are at Increased Risk for Severe Illness, available at https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-at-increased-risk.html (accessed August 26, 2020).
    \22\ Seattle-King County. Point in Time Count. https://regionalhomelesssystem.org/wp-content/uploads/2020/07/Count-Us-In-2020-Final_7.29.2020.pdf
    \23\ United States Department of Housing and Urban Development. 
The 2017 Annual Homeless Assessment Report (AHAR) to Congress: Part 
2. Available at: https://files.hudexchange.info/resources/documents/2017-AHAR-Part-2.pdf
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    People experiencing homelessness are a high-risk population. It may 
be more difficult for these persons to consistently access the 
necessary resources in order 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.\24\ In Seattle, Washington, a network of three related 
homeless shelters experienced an outbreak that led to 43 cases among 
residents and staff members.\25\ In Boston, Massachusetts, universal 
COVID-19 testing at a single shelter revealed 147 cases, representing 
36% of shelter residents.\26\ COVID-19 testing in a single shelter in 
San Francisco led to the identification of 101 cases (67% of those 
tested).\27\ Throughout the United States, among 208 shelters reporting 
universal diagnostic testing data, 9% of shelter clients have tested 
positive.\28\
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    \24\ Mosites E, et al, Assessment of SARS-CoV-2 Infection 
Prevalence in Homeless Shelters--Four U.S. Cities, March 27-April 
15, 2020. MMWR 2020 May 1;69(17):521-522.
    \25\ Tobolowsky FA, et al. COVID-19 Outbreak Among Three 
Affiliated Homeless Service Sites--King County, Washington, 2020. 
MMWR 2020 May 1;69(17):523-526.
    \26\ Baggett TP, Keyes H, Sporn N, Gaeta JM. Prevalence of SARS-
CoV-2 Infection in Residents of a Large Homeless Shelter in Boston. 
JAMA. 2020 Apr 27;323(21):2191-2. Online ahead of print.
    \27\ Imbert E, et al. Coronavirus Disease 2019 (COVID-19) 
Outbreak in a San Francisco Homeless Shelter. Clin Infect Dis. 2020 
Aug 3.
    \28\ National Health Care for the Homeless Council and Centers 
for Disease Control and Prevention. Universal Testing Data 
Dashboard. Available at: https://nhchc.org/cdc-covid-dashboard/.
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    CDC guidance recommends increasing physical distance between beds 
in homeless shelters.\29\ 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.
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    \29\ Centers for Disease Control and Prevention. Interim 
Guidance for Homeless Service Providers to Plan and Respond to 
COVID-19. https://www.cdc.gov/coronavirus/2019-ncov/community/homeless-shelters/plan-prepare-respond.html.
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    In the context of the current pandemic, large increases in 
evictions 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 turn away 
the recently homeless, who could become unsheltered, and further 
contribute to the spread of COVID-19. Neither consequence is in the 
interest of the public health.
    The risk of COVID-19 spread associated with unsheltered 
homelessness (those who are sleeping outside or in places not meant for 
human habitation) is of great concern to CDC. Over 35% of homeless 
persons are typically unsheltered.\30\ The unsheltered homeless are at 
higher risk for infection when there is community spread of COVID-19. 
The risks associated with sleeping and living outdoors or in an 
encampment setting are different than from staying indoors in a 
congregate setting, such as an emergency shelter or other congregate 
living facility. While outdoor settings may allow people to increase 
physical distance between themselves and others, they may also involve 
exposure to the elements and inadequate access to hygiene, sanitation 
facilities, health care, and therapeutics. The latter factors 
contribute to the further spread of COVID-19.
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    \30\ In January 2018, 552,830 people were counted as homeless in 
the United States. Of those, 194,467 (35 percent) were unsheltered, 
and 358,363 (65 percent) were sheltered. See, Council of Economic 
Advisors, The State of Homelessness in America (September 2019), 
available at https://www.whitehouse.gov/wp-content/uploads/2019/09/The-State-of-Homelessness-in-America.pdf.
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    Additionally, research suggests that the population of persons who 
would be evicted and become homeless would include many who are 
predisposed to developing 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.\31\ Also, the 
homeless

[[Page 55296]]

often have underlying conditions that increase their risk of severe 
outcomes of COVID-19.\32\ Among patients with COVID-19, homelessness 
has been associated with increased likelihood of hospitalization.\33\
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    \31\ Hugo Vasquez-Vera, et al. The threat of home eviction and 
its effects on health through the equity lens: A systematic review. 
Social Science and Medicine. 175 (2017) 199e208.
    \32\ Fazel S, Geddes JR, Kushel M. The health of homeless people 
in high-income countries: descriptive epidemiology, health 
consequences, and clinical and policy recommendations. Lancet. 
2014;384(9953):1529-1540.
    \33\ Hsu HE, et al. Race/Ethnicity, Underlying Medical 
Conditions, Homelessness, and Hospitalization Status of Adult 
Patients with COVID-19 at an Urban Safety-Net Medical Center--
Boston, Massachusetts, 2020. MMWR 2020 Jul 10;69(27):864-869. 
Historically, African Americans and Hispanic Americans are 
disproportionately represented in evictions compared to other races. 
They are more likely to experience severe outcomes of COVID-19. Id.
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    These public health risks may increase seasonally. Each year, as 
winter approaches and the temperature drops, many homeless move into 
shelters to escape the cold and the occupancy of shelters 
increases.\34\ At the same time, there is evidence to suggest that the 
homeless are more susceptible to respiratory tract infections,\35\ 
which may include seasonal influenza. While there are differences in 
the epidemiology of COVID-19 and seasonal influenza, the potential co-
circulation of viruses during periods of increased occupancy in 
shelters could increase the risk to occupants in those shelters.
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    \34\ See, generally, the Annual Homeless Assessment Report to 
Congress (2007), available at: https://www.huduser.gov/Publications/pdf/ahar.pdf (acknowledging the seasonality of shelter bed use).
    \35\ Ly TDA, Edouard S, Badiaga S, et al. Epidemiology of 
respiratory pathogen carriage in the homeless population within two 
shelters in Marseille, France, 2015-2017: Cross sectional 1-day 
surveys. Clin Microbiol Infect. 2019; 25(2):249.e1-249.e6.
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    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. Unsheltered homelessness 
also increases the risk that individuals will experience severe illness 
from COVID-19.

Findings and Action

    Therefore, I have determined 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 U.S. 
territories that do not meet or exceed these minimum protections are 
insufficient to prevent the interstate spread of COVID-19.\36\
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    \36\ 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. Eviction Lab, COVID-19 Housing Policy Scorecard, 
available at: https://evictionlab.org/covid-policy-scorecard/.
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    Based on the convergence of COVID-19, seasonal influenza, 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, all of 
which may be exacerbated as fall and winter approach, I have determined 
that a temporary halt on evictions through December 31, 2020, subject 
to further extension, modification, or rescission, is appropriate.
    Therefore, under 42 CFR 70.2, subject to the limitations under the 
``Applicability'' section, 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. 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.
    A delay in the effective date of the Order would permit the 
occurrence of evictions--potentially on a mass scale--that could have 
potentially significant consequences. As discussed above, one potential 
consequence would be that evicted individuals would move into close 
quarters in congregate or shared living settings, including homeless 
shelters, which would put the individuals at higher risk to COVID-19. 
Another potential consequence would be if evicted individuals become 
homeless and unsheltered, and further contribute to the spread of 
COVID-19. A delay in the effective date of the Order that leads to such 
consequences would defeat the purpose of the Order and endanger the 
public health. Immediate action is necessary.
    Similarly, if this Order qualifies as a rule under the APA, the 
Office of Information and Regulatory Affairs has determined that it 
would be a major rule under the Congressional Review Act (CRA). But 
there would not be a delay in its effective date. The agency has 
determined that for the same reasons, there would be good cause under 
the CRA to make the requirements herein effective immediately.
    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 if the violation does not result in a death or one year in 
jail, or both, or a fine of no more than $250,000 if the violation 
results in a death or one year in jail, or both, 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 court 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

[[Page 55297]]

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) has informed 
CDC that all HUD grantees--states, cities, communities, and 
nonprofits--who received Emergency Solutions Grants (ESG) or Community 
Development Block Grant (CDBG) funds under the CARES Act may use these 
funds to provide temporary rental assistance, homelessness prevention, 
or other aid to individuals who are experiencing financial hardship 
because of the pandemic and are at risk of being evicted, consistent 
with applicable laws, regulations, and guidance.
    HUD has further informed CDC that:

    HUD's 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 CARES Act, 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. Where gaps are identified, grantees should coordinate 
across available Federal, non-Federal, and philanthropic funds to 
ensure these critical needs are sufficiently addressed, and utilize 
HUD's technical assistance to design and implement programs to 
support a coordinated response to eviction prevention needs. 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.

    Similarly, the Department of the Treasury has informed CDC that the 
funds allocated through the Coronavirus Relief Fund may be used to fund 
rental assistance programs to prevent eviction. Visit https://home.treasury.gov/policy-issues/cares/state-and-local-governments for 
more information.

Effective Date

    This Order is effective upon publication in the Federal Register 
and will remain in effect, unless extended, modified, or rescinded, 
through December 31, 2020.

Attachment

Declaration Under Penalty of Perjury for the Centers for Disease 
Control and Prevention's Temporary Halt in Evictions to Prevent Further 
Spread of COVID-19

    This declaration is for tenants, lessees, or residents of 
residential properties who are covered by the CDC's order temporarily 
halting residential evictions (not including foreclosures on home 
mortgages) to prevent the further spread of COVID-19. Under the CDC's 
order you must provide a copy of this declaration to your landlord, 
owner of the residential property where you live, or other person who 
has a right to have you evicted or removed from where you live. Each 
adult listed on the lease, rental agreement, or housing contract should 
complete this declaration. Unless the CDC order is extended, changed, 
or ended, the order prevents you from being evicted or removed from 
where you are living through December 31, 2020. You are still required 
to pay rent and follow all the other terms of your lease and rules of 
the place where you live. You may also still be evicted for reasons 
other than not paying rent or making a housing payment. This 
declaration is sworn testimony, meaning that you can be prosecuted, go 
to jail, or pay a fine if you lie, mislead, or omit important 
information.
    I certify under penalty of perjury, pursuant to 28 U.S.C. 1746, 
that the foregoing are true and correct:
     I have used best efforts to obtain all available 
government assistance for rent or housing; \37\
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    \37\ ``Available government assistance'' means any governmental 
rental or housing payment benefits available to the individual or 
any household member.
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     I either expect to earn no more than $99,000 in annual 
income for Calendar Year 2020 (or no more than $198,000 if filing a 
joint tax return), was not required to report any income in 2019 to the 
U.S. Internal Revenue Service, or received an Economic Impact Payment 
(stimulus check) pursuant to Section 2201 of the CARES Act;
     I am unable to pay my full rent or make a full housing 
payment due to substantial loss of household income, loss of 
compensable hours of work or wages, lay-offs, or extraordinary \38\ 
out-of-pocket medical expenses;
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    \38\ An ``extraordinary'' medical expense is any unreimbursed 
medical expense likely to exceed 7.5% of one's adjusted gross income 
for the year.
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     I am 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;
     If evicted I would likely become homeless, need to move 
into a homeless shelter, or need to move into a new residence shared by 
other people who live in close quarters because I have no other 
available housing options.\39\
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    \39\ ``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 you.
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     I understand that I must still pay rent or make a housing 
payment, and comply with other obligations that I may have under my 
tenancy, lease agreement, or similar contract. I further understand 
that fees, penalties, or interest for not paying rent or making a 
housing payment on time as required by my tenancy, lease agreement, or 
similar contract may still be charged or collected.
     I further understand that at the end of this temporary 
halt on evictions on December 31, 2020, my housing provider may require 
payment in full for all payments not made prior to and during the 
temporary halt and failure to pay may make me subject to eviction 
pursuant to State and local laws.

    I understand that any false or misleading statements or 
omissions may result in criminal and civil actions for fines, 
penalties, damages, or imprisonment.
_____
Signature of Declarant Date

_____

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: September 1, 2020.
Nina B. Witkofsky,
Acting Chief of Staff, Centers for Disease Control and Prevention.
[FR Doc. 2020-19654 Filed 9-1-20; 4:15 pm]
BILLING CODE 4163-18-P