8020 Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices 

1For purposes of this Order, ‘‘person’’ includes 

corporations, companies, associations, firms, 

partnerships, societies, and joint stock companies, 

as well as individuals. 

2This 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, http://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_FinalDraft1.pdf. 

3According to one study, the national twobedroom 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. 

4An extraordinary medical expense is any 

unreimbursed medical expense likely to exceed 

7.5% of one’s adjusted gross income for the year. 

The collected information is used by 

the Small Business Administration, 

Congress, Federal agencies and the 

general public for various reasons such 

as determining if agencies are meeting 

statutory goals, set-aside 

determinations, and market research. 

C. Annual Burden 

Respondents: 2647. 

Total Annual Responses: 4029. 

Total Burden Hours: 2014.5. 

Obtaining Copies: Requesters may 

obtain a copy of the information 

collection documents from the GSA 

Regulatory Secretariat Division by 

calling 202–501–4755 or emailing 

GSARegSec@gsa.gov. Please cite OMB 

Control No. 9000–0163, Small Business 

Size Rerepresentation. 

William F. Clark, 

Director, Office of Government-wide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Government-wide Policy. 

[FR Doc. 2021–02239 Filed 2–2–21; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Temporary Halt in Residential 

Evictions to Prevent the Further 

Spread of COVID–19 

AGENCY: Centers for Disease Control and 

Prevention (CDC), Department of Health 

and Human Services (HHS). 

ACTION: Agency Order. 

SUMMARY: The Centers for Disease 

Control and Prevention (CDC), located 

within the Department of Health and 

Human Services (HHS) announces the 

extension of an Order under Section 361 

of the Public Health Service Act to 

temporarily halt residential evictions to 

prevent the further spread of COVID–19. 

DATES: This Order is effective January 

31, 2021 through March 31, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Tiffany Brown, Acting Deputy Chief of 

Staff, Centers for Disease Control and 

Prevention, 1600 Clifton Road, NE, MS 

H21–10, Atlanta, GA 30329. Phone: 

404–639–7000. Email: cdcregulations@

cdc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

This Order extends the original 

temporary eviction moratorium Order 

published on September 4, 2020 and 

extended by the Consolidated 

Appropriations Act, 2021 and further 

extends the Order with modifications 

through March 31, 2021. The conditions 

that originally necessitated the original 

Order continue to exist and, in many 

jurisdictions, have significantly 

worsened. With the convergence of 

COVID–19, seasonal influenza, 

household crowding and transmission, 

and the increased risk of individuals 

sheltering in close quarters in 

congregate settings such as homeless 

shelters, which may be unable to 

provide adequate social distancing as 

populations increase, extending the 

temporary halt on evictions, subject to 

further extension, modification, or 

rescission, is appropriate. Additionally, 

the Order now applies to American 

Samoa. At the time of publication of the 

September 4, 2020 Order, no cases had 

been reported in American Samoa. 

Cases have now been reported there. 

A copy of the Order is provided 

below. A copy of the signed Order and 

the Declaration can be found at: https:// 

www.cdc.gov/coronavirus/2019-ncov/ 

covid-eviction-declaration.html 

Centers for Disease Control and 

Prevention Department of Health and 

Human Services 

Order Under Section 361 of the Public 

Health Service AcT (42 U.S.C. 264) and 

42 Code of Federal Regulations 70.2 

Temporary Halt in Residential 

Evictions to Prevent the Further Spread 

of Covid–19 

Summary 

Subject to the limitations under 

‘‘Applicability,’’ a landlord, owner of a 

residential property, or other person 1

with a legal right to pursue eviction or 

possessory action, shall not evict any 

covered person from any residential 

property in any jurisdiction to which 

this Order applies during the effective 

period of the Order. 

Definitions 

‘‘Available government assistance’’ 

means any governmental rental or 

housing payment benefits available to 

the individual or any household 

member. 

‘‘Available housing’’ means any 

available, unoccupied residential 

property, or other space for occupancy 

in any seasonal or temporary housing, 

that would not violate Federal, state, or 

local occupancy standards and that 

would not result in an overall increase 

of housing cost to such individual. 

‘‘Covered person’’ 2 means any tenant, 

lessee, or resident of a residential 

property who provides to their landlord, 

the owner of the residential property, or 

other person with a legal right to pursue 

eviction or a possessory action, a 

declaration under penalty of perjury 

indicating that: (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 2021 (or no 

more than $198,000 if filing a joint tax 

return),3 (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) pursuant to Section 2201 of the 

CARES Act; 

(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 4 out-of-pocket medical 

expenses; 

(4) the individual is using best efforts 

to make timely partial payments that are 


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Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices 8021 

5CDC, People with Certain Medical Conditions, 

https://www.cdc.gov/coronavirus/2019-ncov/needextra-precautions/people-with-medicalconditions.html (accessed August 26, 2020). 

6USAFacts. https://usafacts.org/visualizations/ 

coronavirus-covid-19-spread-map/. 

7Woolf SH, Chapman DA, Lee JH. COVID–19 as 

the Leading Cause of Death in the United States. 

JAMA. 2021;325(2):123–124. doi:10.1001/ 

jama.2020.24865 

8Emerging SARS-CoV–2 Variants. https://

www.cdc.gov/coronavirus/2019-ncov/more/scienceand-research/scientific-brief-emergingvariants.html. 

as close to the full payment as the 

individual’s circumstances may permit, 

taking into account other 

nondiscretionary expenses; and 

(5) eviction would likely render the 

individual homeless—or force the 

individual to move into and live in 

close quarters in a new congregate or 

shared living setting—because the 

individual has no other available 

housing options. 

‘‘Evict’’ and ‘‘Eviction’’ means any 

action by a landlord, owner of a 

residential property, or other person 

with a legal right to pursue eviction or 

possessory action, to remove or cause 

the removal of a covered person from a 

residential property. It also 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 state or territory 

into any other state or 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. 

As of January 21, 2021, there have been 

over 96 million cases of COVID–19 

globally, resulting in over 2,000,000 

deaths. Over 24,400,000 cases have been 

identified in the United States, with 

new cases reported daily, and over 

400,000 deaths due to the disease. On 

January 8, 2021, over 300,000 COVID– 

19 cases in the U.S. were reported to 

CDC, representing a peak approximately 

7 times the highest daily cases in April, 

2020 and approximately 4 times the 

highest daily cases in July, 2020. 

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–19.5

COVID–19 presents a historic threat to 

public health, and COVID–19 cases have 

been detected in every county in the 

continental United States.6 Through 

December 2020 and January 2021, the 

number of deaths per day from COVID– 

19 consistently exceeded any other 

cause.7 Additionally, in recent months, 

new variants of SARS-CoV–2 have 

emerged globally, some of which have 

been associated with increased 

transmissibility.8 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. 

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. 

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. This Order further extends and 

modifies the prior Orders until March 

31, 2021 for the reasons described 

herein. Much of the content of the 

September 4, 2020 Order has been 

incorporated into this Order. To the 

extent any provision of this Order 

conflicts with prior Orders, this Order is 

controlling. 

In addition to extending the effective 

period of the September 4, 2020 Order, 

as further extended by the Consolidated 

Appropriations Act, 2021, this Order 

includes newly available modeling 

projections and observational data from 

COVID–19 incidence comparisons 

across states that have implemented and 

lifted eviction moratoria, which clearly 

demonstrate the need for this Order. 

The Order now also applies to American 

Samoa because cases of COVID–19 have 

now been reported there. 

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. 

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 


jbell on DSKJLSW7X2PROD with NOTICES
8022 Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices 

9 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/ifyou-are-sick/steps-when-sick.html. 

10https://www.who.int/americansamoa. 

11United States Census Bureau. American 

Housing Survey, 2017. https://www.census.gov/ 

programs-surveys/ahs.html. 

12Bi 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. 

13Sheen J, Nande A, Walters EL, Adlam B, 

Gheorghe A, Shinnick J, Tejeda MF, Greenlee A, 

Schneider D, Hill AL, Levy MZ. The effect of 

eviction moratoriums on the transmission of SARSCoV–2. medRxiv [Preprint]. 2020 Nov 

1:2020.10.27.20220897. doi: 10.1101/ 

2020.10.27.20220897. PMID: 33140067; PMCID: 

PMC7605580. 

14 Id. 

15Leifheit, Kathryn M. and Linton, Sabriya L. and 

Raifman, Julia and Schwartz, Gabriel and Benfer, 

Emily and Zimmerman, Frederick J and Pollack, 

Craig, Expiring Eviction Moratoriums and COVID– 

19 Incidence and Mortality (November 30, 2020). 

Available at SSRN: https://ssrn.com/ 

abstract=3739576 or http://dx.doi.org/10.2139/ 

ssrn.3739576. 

16 Id. 

17See CDC COVID–19 Guidance for Shared or 

Congregate Housing, available at: https://

www.cdc.gov/coronavirus/2019-ncov/community/ 

shared-congregate-house/guidance-sharedcongregate-housing.html. 

18Because 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. 

19See Congressional Research Service, CARES 

Act Eviction Moratorium, (April 7, 2020) available 

at: https://crsreports.congress.gov/product/pdf/IN/ 

IN11320. 

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; 9 (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). 

This Order now applies to American 

Samoa. At the time of publication of the 

September 4, 2020 Order, no cases had 

been reported in American Samoa. 

Cases have now been reported there.10

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

Preliminary modeling projections and 

observational data from COVID–19 

incidence comparisons across states that 

implemented and lifted eviction 

moratoria indicate that evictions 

substantially contribute to COVID–19 

transmission. In mathematical models 

where eviction led exclusively to 

sharing housing with friends or family, 

lifting eviction moratoria led to a 40% 

increased risk of contracting COVID–19 

among people who were evicted and 

those with whom they shared housing 

after eviction (pre-peer review).13

Compared to a scenario where no 

evictions occurred, the models also 

predicted a 5–50% increased risk of 

infection even for those who did not 

share housing as a result of increased 

overall transmission. The authors 

estimated that anywhere from 1,000 to 

100,000 excess cases per million 

population could be attributable to 

evictions depending on the eviction and 

infection rates.14 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 (prepeer review).15 Specifically, the authors 

compared the COVID–19 incidence and 

mortality rates in states that lifted their 

moratoria with the rates in states that 

maintained their moratoria. In these 

models, the authors controlled for timevarying indicators of each state’s test 

count as well as major public-health 

interventions including lifting stay-athome 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 postlifting (CI 1.2, 2.3), a ratio that grew to 

5.4 at ≥16 weeks (CI 3.1, 9.3). Although 

there may be additional factors that the 

authors were unable to adjust for, the 

authors estimated that, nationally, over 

433,000 cases of COVID–19 and over 

10,000 deaths could be attributed to 

lifting state moratoria.16

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.17

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. 

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, 2020.18

The protections in the CARES Act 

supplemented temporary eviction 

moratoria and rent freezes implemented 

by governors and local officials using 

emergency powers. 

Researchers estimated that this 

temporary Federal moratorium provided 

relief to a material portion of the 

nation’s roughly 43 million renters.19


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Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices 8023 

20See 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. 

21https://home.treasury.gov/policy-issues/cares/ 

emergency-rental-assistance-program. 

22See 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-peoplein-america-are-at-risk/. 

23As 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/. 

24See 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. 

25 Id. 

26See 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). 

27Seattle-King County. Point in Time Count. 

https://regionalhomelesssystem.org/wp-content/ 

uploads/2020/07/Count-Us-In-2020-Final_

7.29.2020.pdf. 

28United 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. 

29Mosites 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. 

30Tobolowsky FA, et al. COVID–19 Outbreak 

Among Three Affiliated Homeless Service Sites— 

King County, Washington, 2020. MMWR 2020 May 

1;69(17):523–526. 

31Baggett 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. 

32 Imbert E, et al. Coronavirus Disease 2019 

(COVID–19) Outbreak in a San Francisco Homeless 

Shelter. Clin Infect Dis. 2020 Aug 3. 

33National 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/. 

34Centers 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. 

35 Yoon JC, Montgomery MP, Buff AM, Boyd AT, 

Jamison C, Hernandez A, Schmit K, Shah S, Ajoku 

S, Holland DP, Prieto J, Smith S, Swancutt MA, 

Turner K, Andrews T, Flowers K, Wells A, 

Marchman C, Laney E, Bixler D, Cavanaugh S, 

Flowers N, Gaffga N, Ko JY, Paulin HN, Weng MK, 

Mosites E, Morris SB. COVID–19 Prevalence among 

People Experiencing Homelessness and 

Homelessness Service Staff during Early 

Community Transmission in Atlanta, Georgia, 

April-May 2020. Clin Infect Dis. 2020 Sep 

8:ciaa1340. doi: 10.1093/cid/ciaa1340. Epub ahead 

of print. PMID: 32898272; PMCID: PMC7499502. 

36Amato S, Nobay F, Amato DP, Abar B, Adler 

D. Sick and unsheltered: Homelessness as a major 

risk factor for emergency care utilization. Am J 

Emerg Med. 2019 Mar;37(3):415–420. doi: 10.1016/ 

j.ajem.2018.06.001. Epub 2018 Jun 2. PMID: 

29891125. 

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.20

The CARES Act moratorium, 

however, did not reach all renters. 

Neither does the more recently enacted 

Emergency Rental Assistance Program 

under the Consolidated Appropriations 

Act, 2021, as administered by the 

Department of Treasury.21 Many renters 

who fell outside the scope of the 

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.22 A wave of 

evictions on that scale would be 

unprecedented in modern times.23 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. 

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.24

Approximately 15% of moves are 

interstate.25

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.26 In Seattle-King County, 5– 

15% of people experiencing 

homelessness between 2018 and 2020 

cited eviction as the primary reason for 

becoming homeless.27 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.28

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.29 In Seattle, Washington, a 

network of three related homeless 

shelters experienced an outbreak that 

led to 43 cases among residents and staff 

members.30 In Boston, Massachusetts, 

universal COVID–19 testing at a single 

shelter revealed 147 cases, representing 

36% of shelter residents.31 COVID–19 

testing in a single shelter in San 

Francisco led to the identification of 101 

cases (67% of those tested).32

Throughout the United States, among 

208 shelters reporting universal 

diagnostic testing data, 9% of shelter 

clients have tested positive.33

CDC guidance recommends increasing 

physical distance between beds in 

homeless shelters.34 To adhere to this 

guidance, shelters have limited the 

number of people served throughout the 

United States. In many places, 

considerably fewer beds are available to 

individuals who become homeless. 

Shelters that do not adhere to the 

guidance, and operate at ordinary or 

increased occupancy, are at greater risk 

for the types of outbreaks described 

above. The challenge of mitigating 

disease transmission in homeless 

shelters has been compounded because 

some organizations have chosen to stop 

or limit volunteer access and 

participation. 

In the context of the current 

pandemic, large increases in evictions 

resulting in homelessness could have at 

least two potential negative 

consequences. One is if homeless 

shelters increase occupancy in ways 

that increase the exposure risk to 

COVID–19. The other is if homeless 

shelters continue to limit new 

admissions, leading to increases in 

unsheltered homelessness. Neither 

consequence is in the interest of the 

public health. 

Recently published data suggest that 

those experiencing unsheltered 

homelessness may have a lower risk of 

contracting COVID–19 compared to 

those staying in shelters.35 Data are not 

yet available to evaluate the risk of 

COVID–19 among people who are 

staying unsheltered compared to the 

general population. However, increases 

in unsheltered homelessness may lead 

to further strains on the healthcare 

system, impacting the availability of 

COVID–19 care. People experiencing 

homelessness have been estimated to 

use the emergency department almost 5 

times the rate of the general 

population,36 and those who are 

unsheltered are estimated to use the 

emergency department twice as often as 


jbell on DSKJLSW7X2PROD with NOTICES
8024 Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices 

37Raven MC, Tieu L, Lee CT, Ponath C, Guzman 

D, Kushel M. Emergency Department Use in a 

Cohort of Older Homeless Adults: Results From the 

HOPE HOME Study. Acad Emerg Med. 2017 

Jan;24(1):63–74. doi: 10.1111/acem.13070. PMID: 

27520382; PMCID: PMC5857347. 

38https://www.wsj.com/articles/covid-19-surgestrains-hospitals-once-again-11605100312. 

39Hugo 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. 

40Fazel 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. 

41Hsu 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. 

42See, 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). 

43Ly 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. 

44 In the United States, public health measures are 

implemented at all levels of government, including 

the federal, state, local, and tribal levels. Publiclyavailable 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/. 

45Chambless Enters., LLC v. Redfield, No. 20– 

1455, 2020 WL 7588849, (W.D. La. 2020). 

those who are sheltered.37 In the context 

of the pandemic, increased emergency 

department use is untenable given the 

existing strains on the healthcare 

system.38

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–19.39 Also, people 

experiencing homelessness often have 

underlying conditions that increase 

their risk of severe outcomes of COVID– 

19.40 Among patients with COVID–19, 

homelessness has been associated with 

increased likelihood of 

hospitalization.41

These public health risks may 

increase seasonally. Each year, as winter 

approaches and the temperature drops, 

many persons experiencing 

homelessness move into shelters to 

escape the cold and the occupancy of 

shelters increases.42 At the same time, 

there is evidence to suggest that the 

homeless are more susceptible to 

respiratory tract infections,43 which 

may include seasonal influenza. While 

there are differences in the 

epidemiology of COVID–19 and 

seasonal influenza, the potential cocirculation of viruses during periods of 

increased occupancy in shelters could 

increase the risk to occupants in those 

shelters. 

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. 

Findings and Action 

For the reasons described herein, I am 

extending and modifying the September 

4, 2020 Order, as further extended by 

Section 502 of Title V, Division N of the 

Consolidated Appropriations Act, 2021. 

I have determined that extending the 

temporary halt in evictions in this Order 

constitutes a reasonably necessary 

measure under 42 CFR 70.2 to prevent 

the further spread of COVID–19 

throughout the United States. I have 

further determined that measures by 

states, localities, or territories that do 

not meet or exceed these minimum 

protections are insufficient to prevent 

the interstate spread of COVID–19.44

Based on the convergence of COVID– 

19, seasonal influenza, household 

crowding and transmission, and the 

increased risk of individuals sheltering 

in close quarters in congregate settings 

such as homeless shelters, which may 

be unable to provide adequate social 

distancing as populations increase, all 

of which may be exacerbated as winter 

continues, I have determined that 

extending the temporary halt on 

evictions, subject to further extension, 

modification, or rescission, is 

appropriate. 

Therefore, under 42 CFR 70.2, subject 

to the limitations under the 

‘‘Applicability’’ section, the September 

4, 2020 Order is hereby modified and 

extended through March 31, 2021. 

Accordingly, a landlord, owner of a 

residential property, or other person 

with a legal right to pursue eviction or 

possessory action shall not evict any 

covered person from any residential 

property in any state or U.S. territory in 

which there are documented cases of 

COVID–19 that provides a level of 

public-health protections below the 

requirements listed in this Order. 

This Order is not a rule within the 

meaning of the Administrative 

Procedure Act (‘‘APA’’) but rather an 

emergency action taken under the 

existing authority of 42 CFR 70.2. The 

purpose of § 70.2 is to enable CDC to 

take swift steps to prevent contagion.45

In the event that this Order qualifies 

as a rule under the APA, notice and 

comment and a delay in effective date 

are not required because there is good 

cause to dispense with prior public 

notice and comment and the 

opportunity to comment on this Order 

and the delay in effective date. See 5 

U.S.C. 553(b)(3)(B). Considering the 

public-health emergency caused by 

COVID–19, it would be impracticable 

and contrary to the public health, and 

by extension the public interest, to 

delay the issuance and effective date of 

this Order. 

In the September 4, 2020 Order, the 

previous CDC Director determined that 

good cause existed because the public 

health emergency caused by COVID–19 

made it impracticable and contrary to 

the public health, and by extension the 

public interest, to delay the issuance 

and effective date of the Order. The 

previous Director also found that a 

delay in the effective date of the Order 

would permit the occurrence of 

evictions—potentially on a mass scale— 

that would have potentially significant 

consequences. One such 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 for COVID–19. Another 

potential consequence would be if 

evicted individuals become homeless 

and unsheltered, and further contribute 

to the spread of COVID–19. For these 

reasons, the previous Director 

concluded that the delay in the effective 

date of the Order would defeat the 

purpose of the Order and endanger the 

public health and, therefore, determined 

that immediate action was necessary. As 

a result, the previous Director issued the 

Order without prior notice and 

comment and without a delay in the 

effective date. Because these conditions 

continue to exist—indeed, have 

worsened—and because the extension 

granted in section 502 of Title V, 

Division N of the Consolidated 

Appropriations Act, 2021 is set to expire 

on January 31, 2021, I hereby conclude 

that immediate action is again necessary 

without prior notice and comment and 

without a delay in the effective date. 


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Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices 8025 

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. 

The conditions that existed on 

September 4, 2020 have only worsened. 

As of January 21, 2021, there have been 

over 24,400,000 cases and over 400,000 

deaths. Data collected by Princeton 

University show that eviction filings are 

occurring; it is therefore expected that 

large numbers of evictions would be 

processed if the Order were to expire. 

[https://evictionlab.org/evictiontracking]. Without this Order, there is 

every reason to expect that evictions 

will increase significantly, resulting in 

further spread of COVID–19. It is 

imperative is to act quickly to protect 

the public health, and it would be 

impracticable and contrary to the public 

interest to delay the issuance and 

effective date of the Order pending 

notice-and-comment rulemaking. 

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 

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 

a fine of no more than $250,000 if the 

violation results in a death, or as 

otherwise provided by law. An 

organization violating this Order may be 

subject to a fine of no more than 

$200,000 per event if the violation does 

not result in a death or $500,000 per 

event if the violation results in a death 

or as otherwise provided by law. The 

U.S. Department of Justice may initiate 

criminal proceedings as appropriate 

seeking imposition of these criminal 

penalties. 

Notice to Cooperating State and Local 

Officials 

Under 42 U.S.C. 243, the U.S. 

Department of Health and Human 

Services is authorized to cooperate with 

and aid state and local authorities in the 

enforcement of their quarantine and 

other health regulations and to accept 

state and local assistance in the 

enforcement of Federal quarantine rules 

and regulations, including in the 

enforcement of this Order. 

Notice of Available Federal Resources 

While this Order to prevent eviction 

is effectuated to protect the public 

health, the states and units of local 

government are reminded that the 

Federal Government has deployed 

unprecedented resources to address the 

pandemic, including housing assistance. 

The Department of Housing and 

Urban Development (HUD) 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/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. 

Similarly, the Department of the 

Treasury has informed CDC that the 

funds allocated through the Coronavirus 

Relief Fund and the Emergency Rental 

Assistance Program 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 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.. 

Effective Date 

This Order is effective on January 31, 

2021 and will remain in effect, unless 

extended, modified, or rescinded, 

through March 31, 2021. 

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: January 29, 2021. 

Sherri Berger 

Acting Chief of Staff, Centers for Disease 

Control and Prevention. 

[FR Doc. 2021–02243 Filed 1–29–21; 4:15 pm] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Requirement for Persons To Wear 

Masks While on Conveyances and at 

Transportation Hubs 

AGENCY: Centers for Disease Control and 

Prevention (CDC), Department of Health 

and Human Services (HHS). 

ACTION: Notice of Agency Order. 


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