[Congressional Record Volume 167, Number 145 (Tuesday, August 10, 2021)]
[Senate]
[Pages S6262-S6267]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          EVICTION MORATORIUM

  Mr. TOOMEY. Mr. President, I ask unanimous consent that the following 
notice from the Centers for Disease Control and Prevention related to 
an eviction moratorium be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:
     DEPARTMENT OF HEALTH AND HUMAN SERVICES
     Centers for Disease Control and Prevention
     Temporary Halt in Residential Evictions in Communities With 
         Substantial or High Transmission of COVID-19 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 a new Order under Section 361 of the 
     Public Health Service Act to temporarily halt residential 
     evictions in communities with substantial or high 
     transmission of COVID-19 to prevent the further spread of 
     COVID-19.
       DATES: This Order is effective August 3, 2021 through 
     October 3, 2021.
       FOR FURTHER INFORMATION CONTACT: Tiffany Brown, 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
       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, and approved the Order as an 
     exercise of the CDC's authority under Section 361 of the 
     Public Health Service Act (42 U.S.C. 264). 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. The Order was extended multiple times 
     due to the changing public health landscape and expired on 
     July 31, 2021 after what was intended to be the final 
     extension. Absent an unexpected change in the trajectory of 
     the pandemic, CDC did not plan to extend the Order further.
       Following the recent surge in cases brought forth by the 
     highly transmissible Delta variant, the CDC Director now 
     issues a new Order temporarily halting evictions for persons 
     in counties or U.S. territories experiencing substantial or 
     high rates of transmission, for the reasons described herein. 
     It is more limited in scope than prior orders, intended to 
     target specific areas of the country where cases are rapidly 
     increasing, which likely would be exacerbated by mass 
     evictions.
       Accordingly, subject to the limitations listed in the new 
     Order, a landlord, owner of a residential property, or person 
     with a legal right to pursue eviction or possessory action, 
     shall not evict any covered person from any residential 
     property in any county or U.S. territory while the county or 
     territory is experiencing substantial or high levels of 
     community transmission levels of SARS-CoV-2. This Order will 
     expire on October 3, 2021, but is subject to further 
     extension, modification, or rescission based on public health 
     circumstances.
       A copy of the Order is provided below. A copy of the signed 
     Order and Declaration form 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 in Communities With 
         Substantial or High Levels of Community Transmission of 
         COVID-19 To Prevent the Further Spread of COVID-19
     Summary
       The U.S. Centers for Disease and Control (CDC) is issuing a 
     new order temporarily halting evictions in counties with 
     heightened levels of community transmission in order to 
     respond to recent, unexpected developments in the trajectory 
     of the COVID-19 pandemic, including the rise of the Delta

[[Page S6263]]

     variant. It is intended to target specific areas of the 
     country where cases are rapidly increasing, which likely 
     would be exacerbated by mass evictions. Accordingly, subject 
     to the limitations under ``Applicability,'' 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 county or 
     U.S. territory while the county or territory is experiencing 
     substantial or high levels of community transmission of SARS-
     CoV-2.
     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'' 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:
       (1) The individual has used best efforts to obtain all 
     available governmental 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), (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).
       (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 out-of-pocket medical expenses;
       (4) The individual is using best efforts to make timely 
     partial rent payments that are as close to the full rent 
     payment as the individual's circumstances may permit, taking 
     into account other nondiscretionary expenses;
       (5) Eviction would likely render the individual homeless--
     or force the individual to move into and reside in close 
     quarters in a new congregate or shared living setting--
     because the individual has no other available housing 
     options; and
       (6) The individual resides in a U.S. county experiencing 
     substantial or high rates of community transmission levels of 
     SARS-CoV-2 as defined by CDC.
       ``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, 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 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
     COVID-19 in the United States
       Since January 2020, the respiratory disease known as 
     ``COVID-19,'' caused by a novel coronavirus (SARS-COV-2), has 
     spread globally, including cases reported in all fifty states 
     within the United States, plus the District of Columbia and 
     U.S. territories. As of August 3, 2021, there have been 
     almost 200 million cases of COVID-19 globally, resulting in 
     over 4,240,000 deaths. Almost 35,000,000 cases have been 
     identified in the United States, with new cases reported 
     daily, and almost 610,000 deaths have been attributed to the 
     disease. A renewed surge in cases in the United States began 
     in early July 2021; case counts rose from 19,000 cases on 
     July 1, 2021 to 103,000 cases on July 30, 2021. Forecasted 
     case counts predict that cases will continue to rise over the 
     next four weeks.
       The virus that causes COVID-19 spreads very easily and 
     sustainably between people, particularly those who are in 
     close contact with one another (within about 6 feet, but 
     occasionally over longer distances), mainly through 
     respiratory droplets produced when an infected person coughs, 
     sneezes, or talks. Individuals without symptoms can also 
     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 (e.g., cancer, 
     obesity, serious heart conditions, or diabetes) are at 
     increased risk for severe illness from COVID-19.
       New variants of SARS-CoV-2 have emerged globally, several 
     of which have been identified as variants of concern, 
     including the Alpha, Beta, Gamma, and Delta variants. These 
     variants of concern have evidence of an increase in 
     transmissibility, which may lead to higher incidence.
       Currently, the Delta variant is the predominant SARS-CoV-2 
     strain circulating in the United States, estimated to account 
     for over 82% of cases as of July 17, 2021. The Delta variant 
     has demonstrated increased levels of transmissibility 
     compared to other variants. Furthermore, early evidence 
     suggests that people who are vaccinated and become infected 
     with the Delta variant may transmit the virus to others.
       Transmission of the Delta variant has led to accelerated 
     community transmission in the United States. CDC recommends 
     assessing the level of community transmission using, at a 
     minimum, two metrics: new COVID-19 cases per 100,000 persons 
     in the last 7 days and percentage of positive SARS-CoV-2 
     diagnostic nucleic acid amplification tests in the last 7 
     days. For each of these metrics, CDC classifies transmission 
     values as low, moderate, substantial, or high. As of August 
     1, 2021, over 80% of the U.S. counties were classified as 
     experiencing substantial or high levels of community 
     transmission. In areas of substantial or high transmission, 
     CDC recommends community leaders encourage vaccination and 
     universal masking in indoor public spaces in addition to 
     other layered prevention strategies to prevent further 
     spread.
       COVID-19 vaccines are now widely available in the United 
     States, and vaccination is recommended for all people 12 
     years of age and older. Three COVID-19 vaccines are currently 
     authorized by the U.S. Food and Drug Administration (FDA) for 
     emergency use: Two mRNA vaccines and one viral vector 
     vaccine, each of which has been determined to be safe and 
     effective against COVID-19. As of July 28, 2021, over 163 
     million people in the United States (57.6% of the population 
     12 years or older) have been fully vaccinated and over 189 
     million people in the United States (66.8% of the 
     population 12 years or older) have received at least one 
     dose. Changes in vaccine uptake and the extreme 
     transmissibility of the Delta variant have resulted in 
     rising numbers of COVID-19 cases, primarily and 
     disproportionately affecting the unvaccinated population.
       The COVID-19 vaccination effort has a slower rate of 
     penetration among the populations most likely to experience 
     eviction. In combination with the continued underlying COVID-
     19 spread, and the overlapping factors described above, this 
     creates considerable risk for rapid transmission of COVID-19 
     in high-risk settings.
       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 and self-quarantine by people who become ill 
     or who are at risk of transmitting 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 mortgage 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 over one-quarter a material 
     portion of the nation's roughly 43 million renters. 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.
       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 early March 2021, the Census 
     Household Pulse Survey estimated that 6.4 million households 
     were behind on rent and just under half fear imminent 
     eviction. In 2016, research showed that there were 3.6 
     million eviction filings and 1.5 million eviction judgments 
     over the span of a whole year, meaning that the pandemic 
     would cause a wave of

[[Page S6264]]

     evictions on a scale that would be unprecedented in modern 
     times. 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.
       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, and approved the Order as an 
     exercise of the CDC's authority under Section 361 of the 
     Public Health Service Act (42 U.S.C. 264). 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 Act of 2021. The Order was extended 
     multiple times due to the changing public health landscape 
     and expired on July 31, 2021 after what was intended to be 
     the final extension. Absent an unexpected change in the 
     trajectory of the pandemic, CDC did not plan to extend the 
     Order further.
       Following the recent surge in cases brought forth by the 
     highly transmissible Delta variant, the CDC Director now 
     issues a new Order temporarily halting evictions for persons 
     in counties experiencing substantial or high rates of 
     transmission, for the reasons described herein. This Order 
     will expire on October 3, 2021, but is subject to further 
     extension, modification, or rescission based on public health 
     circumstances.
       Researchers estimate that, in 2020, Federal, state, and 
     local eviction moratoria led to over 1.5 million fewer 
     evictions filings than the previous year. 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 450,000 
     eviction filings during the pandemic just within 
     approximately 31 cities and six states with more readily 
     available data. This data covers approximately 1 in 4 renter 
     households in the country, suggesting high demand and 
     likelihood of mass evictions nationwide.
     Eviction, Crowding, and Interstate Transmission of COVID-19
       By February 10, 2021, the U.S. Department of the Treasury 
     had paid all of the $25 billion made available by the 
     Consolidated Appropriations Act, 2021 to states, territories, 
     localities and tribes for the purpose of providing emergency 
     rental assistance to eligible households in their 
     jurisdictions. Additionally, as directed in the Act, Treasury 
     has also made available 40 percent--more than $8.6 billion--
     of the additional funding to states, territories and 
     localities for emergency rental assistance provided in the 
     American Rescue Plan Act of 2021. While some emergency rental 
     assistance programs were slow to open, every State program 
     had opened by early June. Based on data collected from 
     grantees, Treasury reports that over 85,000 renter households 
     received rental and utility assistance to support their 
     housing stability by the end of March and this number 
     increased to more than 100,000 in April, more than 156,000 in 
     May and over 290,000 in June. Though emergency rental 
     assistance has clearly started to reach increasing numbers of 
     families over recent months, state and local agencies have 
     hundreds of thousands of applications for assistance that 
     currently remain outstanding as programs accelerate their 
     activity. The level of assistance continued to increase in 
     June, with nearly 300,000 households served. Based on 
     analysis of grantee reporting, Treasury believes that the 
     monthly deployment of rental assistance by state and local 
     emergency rental assistance programs will continue to 
     increase from the significant deployment in June. In addition 
     to Emergency Rental Assistance, there are coordinated efforts 
     across Federal agencies to--in partnership with states and 
     localities--promote eviction prevention strategies.
       Recent data from the U.S. Census Household Pulse Survey 
     demonstrates that just under half of households behind on 
     rent believe that an eviction is likely in the next two 
     months. A surge in evictions could lead to the immediate and 
     significant movement of large numbers of persons from lower 
     density to higher density housing at a time in the United 
     States when the highly transmissible Delta variant is driving 
     COVID-19 cases at an unprecedented rate.
       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. These moves may require crossing 
     state borders. According to the 2017 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.
       Modeling studies and observational data from the pre-
     vaccine phase of the COVID-19 pandemic comparing incidence 
     between 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 30% increased risk of 
     contracting COVID-19 among people who were evicted and those 
     with whom they shared housing after eviction. Compared to a 
     scenario where no evictions occurred, the models also 
     predicted a 4%-40% 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 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. 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 accounted 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.
       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 
     people in America 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 (evictions occurring within the 
     boundaries of a state or territory), 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 in areas of substantial or high transmission will 
     inevitably increase interstate spread of COVID-19.
     Eviction, Homelessness, and COVID-19 Transmission
       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. Data collection by an emergency 
     shelter in Columbus, Ohio, showed that 35.4% of families and 
     11.4% of single adults reported an eviction as the primary or 
     secondary reason for their seeking shelter.

[[Page S6265]]

       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 634 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).
       Among other things, CDC guidance recommends increasing 
     physical distance between beds in homeless shelters, which is 
     likely to decrease capacity, while community transmission of 
     COVID-19 is occurring. 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.
     Application of COVID-19 Prevention Strategies Based on 
         Community Transmission
       CDC recommends strengthening or adding effective COVID-19 
     mitigation strategies in communities with considerable 
     transmission risk. As discussed above, CDC guidance specifies 
     that everyone, regardless of vaccination status, should wear 
     masks in indoor and public settings in communities 
     experiencing substantial or high rates of community 
     transmission. Similarly, CDC guidance for homeless shelters 
     recommends maintaining layered COVID-19 precautions as long 
     as community transmission is occurring and provides options 
     for scaling back precautions when community transmission is 
     low.
       Eviction moratoria represent a COVID-19 transmission 
     prevention measure that can similarly be applied when the 
     epidemiological context is appropriate, for example in 
     communities with substantial or high transmission of COVID-
     19. Prevention strategies like these should only be relaxed 
     or lifted after two weeks of continuous sustained improvement 
     in the level of community transmission. In areas with low or 
     no SARS-CoV-2 transmission and with testing capacity in place 
     to detect early introduction or increases in spread of the 
     virus, layered prevention strategies might be removed one at 
     a time while monitoring closely for any evidence that COVID-
     19 cases are increasing. Decisions to add or remove 
     prevention strategies should be based on local data and 
     public health recommendations. The emergence of more 
     transmissible SARS-CoV-2 variants, including Delta, increases 
     the urgency for public health agencies and other 
     organizations to collaboratively monitor the status of the 
     pandemic in their communities and continue to apply layered 
     prevention strategies.
     Persons at Higher Risk of Eviction May Also Be at Higher Risk 
         of Being Unvaccinated
       Communities with high rates of eviction have been shown to 
     have lower coverage of COVID-19 vaccination--a focus for 
     current vaccination campaigns. A study in the spring of 2021 
     showed that counties with high social vulnerability (i.e., 
     social and structural factors associated with adverse health 
     outcome inclusive of socioeconomic indicators related to risk 
     of eviction)had lower levels of COVID-19 vaccination.
     CDC Eviction Moratorium
       The Department of the Treasury has made funding available 
     to states, territories, localities, and Tribal governments, 
     which continue to distribute emergency rental assistance 
     funds that may help mitigate spikes in COVID-19 transmission 
     due to increases in evictions. Alongside other federal and 
     state efforts to prevent evictions, these funds are expected 
     to make a meaningful difference for hundreds of thousands of 
     people who are expected to receive the rental assistance.
       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. On March 28, the CDC Director renewed the Order until 
     June 30, 2021. On June 24, the CDC Director renewed the Order 
     until July 31, 2021 (July Order). The CDC Director indicated 
     that the July Order would be the final extension of the 
     nationwide eviction moratorium absent an unexpected change in 
     the trajectory of the pandemic. Unfortunately, the rise of 
     the Delta variant and corresponding rise in cases in numerous 
     counties in the United States have altered the trajectory of 
     the pandemic. As a result, CDC is issuing this narrower, more 
     targeted Order to temporarily halt evictions in the hardest 
     hit areas. Without this Order, evictions in these areas would 
     likely exacerbate the increase in cases. To the extent any 
     provision of this Order conflicts with prior Orders, this 
     Order is controlling.
     Applicability
       This Order applies in U.S. counties experiencing 
     substantial and high levels of community transmission levels 
     of SARS-CoV-2 as defined by CDC, as of August 3, 2021. If a 
     U.S. county that is not covered by this Order as of August 3, 
     2021 later experiences substantial or high levels of 
     community transmission while this Order is in effect, then 
     that county will become subject to this Order as of the date 
     the county begins experiencing substantial or high levels of 
     community transmission. If a U.S. county that is covered by 
     this Order no longer experiences substantial or high levels 
     of community transmission for 14 consecutive days, then this 
     Order will no longer apply in that county, unless and until 
     the county again experiences substantial or high levels of 
     community transmission while this Order is in effect.
       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; (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).
       Any evictions for nonpayment of rent initiated prior to 
     issuance of this Order but not yet completed, are subject to 
     this Order. Any tenant, lessee, or resident of a residential 
     property who previously submitted a Declaration, still 
     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 before issuance of this Order 
     including from August 1 through August 3, 2021 is not subject 
     to this Order, as it does not operate retroactively.
       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.
       This Order is in effect through October 3, 2021, based on 
     the current and projected epidemiological context of SARS-
     CoV-2 transmission throughout the United States. This 
     timeframe will allow the assessment of natural changes to 
     COVID-19 incidence, the influences of new variants, 
     additional distribution of emergency rental assistance funds, 
     and the expansion of COVID-19 vaccine uptake.
     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

[[Page S6266]]

     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 resident 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 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.
       As long as the information in a previously signed 
     declaration submitted under a previous order remains truthful 
     and accurate, covered persons do not need to submit a new 
     declaration under this Order. However, eligibility for 
     protection will be based on the terms of this Order.
     Determination, Findings and Action
       For the reasons described herein, I have determined based 
     on the information below that issuing a temporary halt in 
     evictions in counties experiencing substantial or high levels 
     of COVID-19 transmission 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.
       State and local jurisdictions continue to distribute 
     emergency rental assistance funds, provided by the Department 
     of Treasury, that will help avert a spate of evictions and 
     thus mitigate corresponding spikes in COVID-19 transmission. 
     Trends have dramatically worsened since June 2021 and 
     transmission is rapidly accelerating in the United States.
       Congress has appropriated approximately $46 billion--of 
     which almost three-quarters is currently available to state 
     and local grantees--to help pay rent and rental arrears for 
     tenants who may otherwise be at high risk of eviction. 
     According to estimates based on the U.S. Census Household 
     Pulse Survey, approximately 6.9 million renter households 
     were behind on their rent in late June. At that time, about 
     4.6 million renter households were concerned that they could 
     not pay next month's rent. The successful delivery of those 
     funds by states and localities should greatly reduce the 
     incidence of eviction that would occur in the absence of that 
     support. However, many states and localities are still 
     ramping up the collection and processing of applications and 
     the delivery of assistance and putting in place other 
     eviction prevention strategies. It was only in the beginning 
     of June that all state-run emergency rental assistance 
     programs had opened for applications. If the moratorium is 
     not in place, a wave of evictions, on the order of hundreds 
     of thousands, could occur in late summer and early fall, 
     exacerbating the spread of COVID-19 among the significant 
     percentage of the population that remains unvaccinated. In 
     appropriating these emergency rental assistance funds, 
     Congress intended that the funding would work in concert with 
     the eviction moratorium, providing time for rental assistance 
     to reach eligible tenants and landlords to sustainably reduce 
     the threat of an eviction wave after an eviction moratorium 
     was no longer in effect. While the pace of assistance is 
     continuing to increase, without additional time for states 
     and localities to deliver this needed relief and engage in 
     other efforts to prevent evictions, a surge of evictions 
     would occur upon the conclusion of the national moratorium. A 
     surge in evictions would lead to immediate movement, 
     crowding, and increased stress on the homeless service 
     system. In combination with surging COVID-19 rates across the 
     country, and the overlapping factors described above, this 
     would create considerable risk for the rapid transmission of 
     COVID-19 in high-risk settings.
       Based on the convergence of these issues, I have determined 
     that issuing a new Order temporarily halting evictions is 
     appropriate.
       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 county or U.S. territory while 
     COVID-19 transmission is substantial or high and the relevant 
     state, county, locality, or territory has provided 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.
     Good Cause
       In the event this Order qualifies as a rule under the APA, 
     there is good cause to dispense with prior public notice and 
     comment and a delay in effective date. See 5 U.S.C. 
     553(b)(B), (d)(3). Good cause exists, in sum, because the 
     public health emergency caused by the COVID-19 pandemic and 
     the unpredictability of the trajectory of the pandemic make 
     it impracticable and contrary to the public health, and by 
     extension the public interest, to delay the issuance and 
     effective date of this Order.
       I have determined that good cause exists because the public 
     health emergency caused by COVID-19 makes it impracticable 
     and contrary to the public health, and by extension the 
     public interest, to delay the issuance and effective date of 
     the Order. 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 public health 
     consequences. I conclude that the delay in the effective date 
     of the Order would defeat the purpose of the Order and 
     endanger the public health and, therefore, determine that 
     immediate action is necessary.
       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. Despite promising trends in the spring of 
     2021, the surge of cases spurred by the Delta variant has 
     confirmed that the fundamental public health threat--of 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 dramatically at a time 
     when COVID-19 infections in the United States are increasing 
     sharply. It is imperative that public health authorities act 
     quickly to mitigate such an increase of evictions, which 
     could increase the likelihood of new spikes in SARS-CoV-2 
     transmission. Such mass evictions and the attendant public 
     health consequences would be very difficult to reverse.
       For all of these reasons, I hereby conclude that immediate 
     action is again necessary and that notice-and-comment 
     rulemaking and a delay in effective date would be 
     impracticable and contrary to the public interest.
     Miscellaneous
       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 action pursuant to Executive Order 12866 and a 
     major rule under Subtitle E of the Small Business Regulatory 
     Enforcement Fairness Act of 1996 (the Congressional Review 
     Act or CRA), 5 U.S.C. 804(2). Thus, this action has been 
     reviewed by OIRA. CDC has determined that for the same 
     reasons given above, there would be good cause under the CRA 
     to make the requirements herein effective immediately. 5 
     U.S.C. 808(2).
       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

[[Page S6267]]

     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 the Department of the 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 HUD 
     from the Coronavirus Aid, Relief, and Economic Security 
     (CARES). 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.
       Visit https://covid.cdc.gov/coviddata-tracker/#county-view 
     for an integrated, county view of levels of community 
     transmission for monitoring the COVID-19 pandemic in the 
     United States. Visit https://home.treasury.gov/policy-issues/
cares/state-and-localgovernments 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. Visit www.consumerfinance.gov/renthelp to access the 
     Rental Assistance Finder that connects renters and landlords 
     with the state and local programs that are distributing 
     billions of dollars in federal assistance. Relevant agencies 
     have informed CDC that forbearance policies for mortgages 
     backed by the federal government provide many landlords, 
     especially smaller landlords, with temporary relief as new 
     emergency rental assistance programs are deployed.
       Treasury, HUD, and USDA grantees and program participants 
     play a critical role in prioritizing efforts to support this 
     goal. 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.
       Treasury, HUD, and USDA stand at the ready to support 
     American communities in taking these steps to reduce the 
     spread of COVID-19 and maintain economic prosperity.
       For program support, including technical assistance, please 
     visit www.hudexchange.info/programsupport. 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 August 3, 2021 and will remain 
     in effect through October 3, 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.
     Sherri Berger,
     Chief of Staff, Centers for Disease Control and Prevention.
     [FR Doc. 2021-16945 Filed 8-4-21; 2:00 pm]
     BILLING CODE 4163-18-P

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