[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Notices]
[Pages 34010-34018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13842]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


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

AGENCY: Centers for Disease Control and Prevention (CDC), Department of 
Health and Human Services (HHS).

ACTION: Agency Order.

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SUMMARY: The Centers for Disease Control and Prevention (CDC), located 
within the Department of Health and Human Services (HHS) announces the 
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 July 1, 2021, through July 31, 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: 
<a href="/cdn-cgi/l/email-protection#2a494e49584f4d5f464b5e434544596a494e49044d455c"><span class="__cf_email__" data-cfemail="d9babdbaabbcbeacb5b8adb0b6b7aa99babdbaf7beb6af">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    This Order further extends the original temporary eviction 
moratorium Order published on September 4, 2020, as initially extended 
by the Consolidated Appropriations Act, 2021, and further extended by 
the Orders published on January 29, 2021 and March 31, 2021 set to 
expire on June 30, 2021. Because of COVID-19, household crowding and 
transmission, and the increased risk of individuals sheltering in close 
quarters in congregate settings such as homeless shelters, which may be 
unable to provide adequate social distancing as populations increase, 
extending the temporary halt on evictions is appropriate. This Order 
further extends the prior Eviction Moratoria for what is currently 
intended to be a final 30 day-period, until July 31, 2021.
    The Order is extended through July 31, 2021 based on current and 
projected epidemiological context of SARS-CoV-2 transmission throughout 
the United States.
    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 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.
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    \1\ For purposes of this Order, ``person'' includes 
corporations, companies, associations, firms, partnerships, 
societies, and joint stock companies, as well as individuals.
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Definitions

    ``Available government assistance'' means any governmental rental 
or housing payment benefits available to the individual or any 
household member.
    ``Available housing'' means any available, unoccupied residential 
property, or other space for occupancy in any seasonal or temporary 
housing, that would not violate Federal, State, or local occupancy 
standards and that would not result in an overall increase of housing 
cost to such individual.
    ``Covered person'' \2\ means any tenant, lessee, or resident of a 
residential

[[Page 34011]]

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,\3\ a declaration under penalty of perjury indicating 
that:
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    \2\ This definition is based on factors that are known to 
contribute to evictions and thus increase the need for individuals 
to move into close quarters in new congregate or shared living 
arrangements or experience homelessness. Individuals who suffer job 
loss, have limited financial resources, are low income, or have high 
out-of-pocket medical expenses are more likely to be evicted for 
nonpayment of rent than others not experiencing these factors. See 
Desmond, M., Gershenson, C., Who gets evicted? Assessing individual, 
neighborhood, and network factors, Soc Sci Res. 2017;62:362-377. 
doi:10.1016/j.ssresearch.2016.08.017, (identifying job loss as a 
possible predictor of eviction because renters who lose their jobs 
experience not only a sudden loss of income but also the loss of 
predictable future income). According to one survey, over one 
quarter (26%) of respondents also identified job loss as the primary 
cause of homelessness. See 2019 San Francisco Homeless Count & 
Survey Comprehensive Report, Applied Survey Research, at 22, https://hsh.sfgov.org/wp-content/uploads/2020/01/2019HIRDReport_SanFrancisco_FinalDraft-1.pdf (last viewed Mar. 24, 
2021).
    \3\ As used throughout this Order, this would include, without 
limitation, an agent or attorney acting on behalf of the landlord or 
the owner of the residential property.
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    (1) The individual has used best efforts to obtain all available 
government assistance for rent or housing;
    (2) The individual either (i) earned no more than $99,000 (or 
$198,000 if filing jointly) in Calendar Year 2020, or expects to earn 
no more than $99,000 in annual income for Calendar Year 2021 (or no 
more than $198,000 if filing a joint tax return),\4\ (ii) was not 
required to report any income in 2020 to the U.S. Internal Revenue 
Service, or (iii) received an Economic Impact Payment (stimulus 
check).<SUP>5 6</SUP>
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    \4\ According to one study, the national two-bedroom housing 
wage in 2020 was $23.96 per hour (approximately, $49,837 annually), 
meaning that an hourly wage of $23.96 was needed to afford a modest 
two-bedroom house without spending more than 30% of one's income on 
rent. The hourly wage needed in Hawaii (the highest cost U.S. State 
for rent) was $38.76 (approximately $80,621 annually). See Out of 
Reach: How Much do you Need to Earn to Afford a Modest Apartment in 
Your State?, National Low Income Housing Coalition, https://reports.nlihc.org/oor (last visited Mar. 23, 2021). As further 
explained herein, because this Order is intended to serve the 
critical public health goal of preventing evicted individuals from 
potentially contributing to the interstate spread of COVID-19 
through movement into close quarters in new congregate, shared 
housing settings, or through homelessness, the higher income 
thresholds listed here have been determined to better serve this 
goal.
    \5\ ``Stimulus check'' includes payments made pursuant to 
Section 2201 of the CARES Act, to Section 9601 of the American 
Rescue Plan Act of 2021, or to any similar federally authorized 
payments made to individual natural persons in 2020 and 2021. 
Eligibility for the 2020 or 2021 stimulus checks has been based on 
an income that is equal to or lower than the income thresholds 
described above and does not change or expand who is a covered 
person under this Order since it was entered into on September 4, 
2020.
    \6\ A person is likely to qualify for protection under this 
Order if they receive the following benefits: (a) Temporary 
Assistance for Needy Families (TANF); (b) Supplemental Nutrition 
Assistance Program (SNAP); (c) Supplemental Security Income (SSI); 
or (d) Social Security Disability Income (SSDI) to the extent that 
income limits for these programs are less than or equal to the 
income limits for this Order. However, it is the individual's 
responsibility to verify that their income is within the income 
limits described.
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    (3) The individual is unable to pay the full rent or make a full 
housing payment due to substantial loss of household income, loss of 
compensable hours of work or wages, a lay-off, or extraordinary \7\ 
out-of-pocket medical expenses;
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    \7\ Extraordinary expenses are defined as those that prevented 
you from paying some or all of your rent or providing for other 
basic necessities like food security. To qualify as an extraordinary 
medical expense, the unreimbursed medical expense is one that is 
likely to exceed 7.5% of one's adjusted gross income for the year.
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    (4) The individual is using best efforts to make timely partial 
payments that are as close to the full payment as the individual's 
circumstances may permit, taking into account other nondiscretionary 
expenses; and
    (5) Eviction would likely render the individual homeless--or force 
the individual to move into and live in close quarters in a new 
congregate or shared living setting--because the individual has no 
other available housing options.
    ``Evict'' and ``Eviction'' means any action by a landlord, owner of 
a residential property, or other person with a legal right to pursue 
eviction or possessory action, to remove or cause the removal of a 
covered person from a residential property. This definition also does 
not prohibit foreclosure on a home mortgage.
    ``Residential property'' means any property leased for residential 
purposes, including any house, building, mobile home or land in a 
mobile home park,\8\ or similar dwelling leased for residential 
purposes, but shall not include any hotel, motel, or other guest house 
rented to a temporary guest or seasonal tenant as defined under the 
laws of the State, territorial, tribal, or local jurisdiction.
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    \8\ Mobile home parks may also be referred to as manufactured 
housing communities.
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    ``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:
    <bullet> Mitigating the spread of COVID-19 within crowded, 
congregate or shared living settings, or through unsheltered 
homelessness;
    <bullet> Mitigating the further spread of COVID-19 from one State 
or territory into any other State or territory;
    <bullet> Mitigating the further spread of COVID-19 by temporarily 
suspending the eviction of covered persons from residential property 
for nonpayment of rent; and
    <bullet> 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 June 23, 
2021, there have been over 179 million cases of COVID-19 globally, 
resulting in over 3,800,000 deaths.\9\ Over 33,300,000 cases have been 
identified in the United States, with new cases reported daily, and 
over 599,000 deaths due to the disease.\10\
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    \9\ COVID-19 Dashboard by the Center for Systems Science and 
Engineering (CSSE) at Johns Hopkins University (JHU), Johns Hopkins 
Coronavirus Resource Center, https://coronavirus.jhu.edu/map.html 
(last updated June 23, 2021).
    \10\ COVID Data Tracker, Centers for Disease Control and 
Prevention, https://covid.cdc.gov/covid-data-tracker/#datatracker-home (last updated June 22, 2021).
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    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.\11\ Among adults, the risk for severe illness from COVID-19 
increases with age, with older adults at highest risk. Severe illness 
means that persons with COVID-19 may require hospitalization, intensive 
care, or a ventilator to help them breathe, and may be fatal. People of 
any age with certain underlying medical conditions (e.g. cancer, 
obesity, serious heart conditions, or diabetes) are at increased risk 
for severe illness from COVID-19.\12\
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    \11\ Kimball A, Hatfield KM, Arons M, et al. Asymptomatic and 
Presymptomatic SARS-CoV-2 Infections in Residents of a Long-Term 
Care Skilled Nursing Facility--King County, Washington, March 2020. 
MMWR Morb Mortal Wkly Rep 2020;69:377-381. DOI: http://dx.doi.org/10.15585/mmwr.mm6913e1.
    \12\ Razzaghi H, Wang Y, Lu H, et al. Estimated County-Level 
Prevalence of Selected Underlying Medical Conditions Associated with 
Increased Risk for Severe COVID-19 Illness--United States, 2018. 
MMWR Morb Mortal Wkly Rep 2020;69:945-950. DOI: http://dx.doi.org/10.15585/mmwr.mm6929a1.
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    COVID-19 vaccines are now widely available in the United States, 
and all

[[Page 34012]]

people 12 years and older are recommended to be vaccinated against 
COVID-19. Three COVID-19 vaccines are currently authorized by the U.S. 
Food and Drug Administration (FDA) for emergency use: two mRNA vaccines 
(Pfizer-BioNTech, Moderna) and one viral vector vaccine (Johnson & 
Johnson/Janssen), each of which has been determined to be safe and 
effective against COVID-19. As of June 22, 2021, over 150.3 million 
people in the United States (more than 53% of the population 12 years 
or older) have been fully immunized.\13\ However, as with other 
transmissible diseases in densely populated congregate settings, the 
risk for SARS-CoV-2 infection is greater as long as there is continued 
community transmission of the virus. As vaccination coverage increases, 
phasing out prevention measures for fully vaccinated people, ideally 
those measures that are the most disruptive to individuals and society, 
will be increasingly feasible.\14\ However, the vaccination program is 
still underway; nearly half of the eligible population is not yet fully 
vaccinated; and children under age 12 are not yet eligible for 
vaccines. And, although rare, fully vaccinated people may become 
infected with COVID-19.\15\ Moreover, CDC recognizes the risk that even 
vaccinated people face in densely populated congregate settings. CDC 
therefore continues to recommend mask use by all people in areas like 
homeless shelters and other congregate settings.\16\
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    \13\ COVID-19 Vaccinations in the United States, Centers for 
Disease Control and Prevention, https://covid.cdc.gov/covid-data-tracker/#vaccinations (last updated June 22, 2021).
    \14\ Interim Public Health Recommendations for Fully Vaccinated 
People. Centers for Disease Control and Prevention. https://www.cdc.gov/coronavirus/2019-ncov/vaccines/fully-vaccinated-guidance.html (last updated May 28, 2021).
    \15\ COVID-19 Vaccine Breakthrough Infections Reported to CDC--
United States, January 1-April 30, 2021. MMWR Morb Mortal Wkly Rep 
2021;70:792-793. DOI: http://dx.doi.org/10.15585/mmwr.mm7021e3.
    \16\ Interim Guidance for Homeless Service Providers to Plan and 
Respond to Coronavirus Disease 2019 (COVID-19). Centers for Disease 
Control and Prevention. https://www.cdc.gov/coronavirus/2019-ncov/community/homeless-shelters/plan-prepare-respond.html (last updated 
June 8, 2021).
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    New variants of SARS-CoV-2 have emerged globally,\17\ several of 
which have been identified as variants of concern.\18\ Variants of 
concern, including the variants Alpha, Beta, Gamma, Delta, and Epsilon, 
are those for which there is evidence of an increase in 
transmissibility, more severe disease, reduction in neutralization by 
antibodies generated during previous infection or vaccination, reduced 
effectiveness of treatments or vaccines, or diagnostic detection 
failures.\19\ The Alpha variant has become the predominant SARS-CoV-2 
strain circulating in the United States; however the proportion of 
Delta variant cases has increased recently.\20\ Available evidence 
suggests the currently authorized mRNA COVID-19 vaccines (Pfizer-
BioNTech and Moderna) provide significant protection against known 
variant strains.\21\ Other vaccines, particularly AstraZeneca, show 
reduced efficacy against infection with certain variants but may still 
protect against severe disease. Given the predominance of variant 
strains and the continued emergence of new variants, ongoing monitoring 
of vaccine effectiveness is needed to identify mutations that could 
render vaccines most commonly used in the U.S. less effective against 
more transmissible variants like the Delta variant, which now makes up 
almost 10 percent of U.S. cases, up from 2.7 percent in May.\22\
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    \17\ Abdool Karim SS, de Oliveira T. New SARS-CoV-2 Variants--
Clinical, Public Health, and Vaccine Implications [published online 
ahead of print, 2021 Mar 24]. N Engl J Med. 2021;10.1056/
NEJMc2100362. doi:10.1056/NEJMc2100362.
    \18\ Id.
    \19\ SARS-CoV-2 Variant Classifications and Definitions, Centers 
for Disease Control and Prevention, https://www.cdc.gov/coronavirus/2019-ncov/variants/variant-info.html#Concern (last updated June 22, 
2021).
    \20\ Id.
    \21\ Science Brief: COVID-19 Vaccines and Vaccination, Centers 
for Disease Control and Prevention, https://www.cdc.gov/coronavirus/2019-ncov/science/science-briefs/fully-vaccinated-people.html (last 
updated May 27, 2021).
    \22\ According to data with an end collection date of June 5, 
2021. Variant Proportions, Centers for Disease Control and 
Prevention, https://covid.cdc.gov/covid-data-tracker/#variant-proportions (last updated June 22, 2021).
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    In the context of a pandemic, eviction moratoria--like quarantine, 
isolation, and social distancing--can be an effective public health 
measure utilized to prevent the spread of communicable disease. 
Eviction moratoria facilitate self-isolation 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 financing. These protections helped 
alleviate the public health consequences of tenant displacement during 
the COVID-19 pandemic. The CARES Act eviction moratorium expired on 
July 24, 2020. The protections in the CARES Act supplemented temporary 
eviction moratoria and rent freezes implemented by governors and other 
local officials using emergency powers.
    Researchers estimated that this temporary Federal moratorium 
provided relief to a material portion of the nation's roughly 43 
million renters.\23\ 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.
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    \23\ Laurie Goodman, Karan Kaul, and Michael Neal. The CARES Act 
Eviction Moratorium Covers All Federally Financed Rentals--That's 
One in Four US Rental Units. The Urban Institute. April 2, 2020. 
https://www.urban.org/urban-wire/cares-act-eviction-moratorium-covers-all-federally-financed-rentals-thats-one-four-us-rental-units.
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    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.\24\ 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,\25\ meaning that a wave of 
evictions on the scale feared by households 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.
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    \24\ Census Household Pulse Survey: Key Phase 3 Housing Payment 
Findings. Office of Policy Development and Research, HUDUser (April 
26, 2021). https://www.huduser.gov/portal/pdredge/pdr-edge-trending-042621.html.
    \25\ Ashley Gromis. Eviction: Intersection of Poverty, 
Inequality, and Housing. Eviction Lab, Princeton University (May 
2019). https://www.un.org/development/desa/dspd/wp-content/uploads/sites/22/2019/05/GROMIS_Ashley_Paper.pdf.
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    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

[[Page 34013]]

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, 2021, the CDC Director modified and extended the Order until 
June 30, 2021. This Order further extends the prior Eviction Moratoria 
for what is currently intended to be a final 30-day period, until July 
31, 2021, for the reasons described herein. Although this Order is 
subject to revision based on the changing public health landscape, 
absent an unexpected change in the trajectory of the pandemic, CDC does 
not plan to extend the Order further. To the extent any provision of 
this Order conflicts with prior Orders, this Order is controlling.
    Researchers estimate that, in 2020, Federal, State, and local 
eviction moratoria led to over one million fewer evictions than the 
previous year.\26\ Additional research shows that, despite the CDC 
eviction moratorium leading to an estimated 50% decrease in eviction 
filings compared to the historical average, there have still been over 
100,000 eviction filings since September just within approximately 35 
cities and states with more readily available data, suggesting high 
demand and likelihood of mass evictions.\27\
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    \26\ Hepburn P, Louis R, Fish J, et al. U.S. Eviction Filing 
Patterns in 2020. Socius. January 2021. doi:10.1177/
23780231211009983.
    \27\ Peter Hepburn and Renee Louis. Preliminary Analysis: Six 
Months of the CDC Eviction Moratorium (March 8, 2021). https://evictionlab.org/six-months-cdc/.
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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 of 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. Based on data collected from grantees, Treasury reports 
that over 630,000 households had already applied for emergency rental 
assistance by the end of March--when many State and local programs had 
not yet opened for applications. Though there are indications that 
emergency rental assistance has started to reach increasing numbers of 
families over recent months, State and local agencies likely have 
hundreds of thousands of applications for assistance that currently 
remain outstanding as programs accelerate their activity. According to 
Treasury, more households--over 96,000--were served in April than in 
the entire first quarter. Assistance accelerated in May, with over a 
fifty percent increase in households served compared to the previous 
month. The level of assistance provided to low income households is 
expected to continue increasing because some states started accepting 
rental assistance applications in late May, including as late as June 
1, and now all states are operating programs. Based on analysis of 
grantee reporting, Treasury believes that State and local emergency 
rental assistance programs will collectively deploy more rental 
assistance in July than in any previous month. In addition to Emergency 
Rental Assistance, there are coordinated efforts across Federal 
agencies to--in partnership with states and localities--promote 
eviction prevention strategies.
    An unprecedented and avoidable surge of evictions is likely to 
occur if the national moratorium were to conclude on June 30. Recent 
data from the U.S. Census Household Pulse Survey demonstrates that an 
increased percentage of households behind on rent believe that an 
eviction is likely in the next two months.\28\ A surge in evictions 
could lead to the immediate and significant movement of large numbers 
of persons from lower density to higher density housing. This potential 
for a mass movement of persons would occur at precisely the same time 
that our nation is actively engaged in a widespread vaccination effort. 
This vaccination effort has a slower rate of penetration among the 
populations most likely to experience eviction, and such a mass 
movement would place increased stress on the homeless service 
system.\29\ In combination with the continued underlying COVID-19 
spread, and the overlapping factors described above, this would create 
considerable risk for rapid transmission of COVID-19 in high risk 
settings. Allowing additional time for rent relief to reach renters and 
to further increase vaccination rates through the end of July 2021 
could decrease the numbers of likely evictions and avert the potential 
of COVID-19 resurgence among people who experience eviction, their 
communities, and other regions of the country affected by the resulting 
transmission.
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    \28\ Household Pulse Survey Interactive Tool. U.S. Census 
Bureau. https://www.census.gov/data-tools/demo/hhp/#/ (last visited 
June 23, 2021).
    \29\ Barry V, Dasgupta S, Weller DL, et al. Patterns in COVID-19 
Vaccination Coverage, by Social Vulnerability and Urbanicity--United 
States, December 14, 2020-May 1, 2021. MMWR Morb Mortal Wkly Rep 
2021;70:818-824. DOI: http://dx.doi.org/10.15585/mmwr.mm7022e1.
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    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 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.\30\ 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.\31\ 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.
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    \30\ Qin-Long Jing, et al. Household secondary attack rate of 
COVID-19 and associated determinants in Guangzhou, China: a 
retrospective cohort study. The Lancet.2020 June 17; vol. 20.10; 
doi: https://doi.org/10.1016/S1473-3099(20)30471-0.
    \31\ Ukachi N. Emeruwa, et al. Associations Between Built 
Environment, Neighborhood Socioeconomic Status, and SARS-CoV-2 
Infection Among Pregnant Women in New York City. JAMA. 
2020;324(4):390-392. doi:10.1001/jama.2020.11370.
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    Shared housing is not limited to friends and family. It includes a 
broad range of settings, including transitional housing and domestic 
violence and abuse shelters. Special considerations exist for such 
housing because of the challenges of maintaining social distance. 
Residents often gather closely or use shared equipment, such as kitchen 
appliances, laundry facilities, stairwells, and elevators. Residents 
may have unique needs, such as disabilities, chronic health conditions, 
cognitive

[[Page 34014]]

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 preliminary 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.\32\ 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.
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    \32\ Nande A, Sheen J, Walters EL, Klein B, Chinazzi M, Gheorghe 
AH, Adlam B, Shinnick J, Tejeda MF, Scarpino SV, Vespignani A, 
Greenlee AJ, Schneider D, Levy MZ, Hill AL. The effect of eviction 
moratoria on the transmission of SARS-CoV-2. Nat Commun. 2021 Apr 
15;12(1):2274. doi: 10.1038/s41467-021-22521-5. PMID: 33859196; 
PMCID: PMC8050248.
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    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 (pre-peer review). Specifically, 
the authors compared the COVID-19 incidence and mortality rates in 
states that lifted their moratoria with the rates in states that 
maintained their moratoria. In these models, the authors 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.\33\
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    \33\ Leifheit, Kathryn M. and Linton, Sabriya L. and Raifman, 
Julia and Schwartz, Gabriel and Benfer, Emily and Zimmerman, 
Frederick J and Pollack, Craig, Expiring Eviction Moratoriums and 
COVID-19 Incidence and Mortality (November 30, 2020). Available at 
SSRN: https://ssrn.com/abstract=3739576 or http://dx.doi.org/10.2139/ssrn.3739576.
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    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 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.\34\ 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.\35\
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    \34\ Count Us In 2020. KCRHA (July 2020). https://kcrha.org/wp-content/uploads/2020/07/Count-Us_In-2020-Final_7.29.2020.pdf.
    \35\ Chester Hartman and David Robinson. ``Evictions: The Hidden 
Housing Problem'' in Housing Policy Debate. 2003.
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    Extensive outbreaks of COVID-19 have been identified in homeless 
shelters. In Seattle, Washington, a network of three related homeless 
shelters experienced an outbreak that led to 43 cases among residents 
and staff members. In Boston, Massachusetts, universal COVID-19 testing 
at a single shelter revealed 147 cases, representing 36% of shelter 
residents. COVID-19 testing in a single shelter in San Francisco led to 
the identification of 101 cases (67% of those tested). Data from 557 
universal diagnostic testing events at homeless shelters in 21 states 
show an average of 6% positivity among shelter clients. Data comparing 
the incidence or severity of COVID-19 among people experiencing 
homelessness directly to the general population are limited. However, 
during the 15-day period of the outbreak in Boston, MA, researchers 
estimated a cumulative incidence of 46.3 cases of COVID-19 per 1000 
persons experiencing homelessness, as compared to 1.9 cases per 1000 
among Massachusetts adults (pre-print).
    CDC guidance recommends increasing physical distance between beds 
in homeless shelters, which is likely to decrease capacity, while 
community transmission of COVID-19 is occurring. These guidelines are 
similar to other guidance issued for other congregate settings such as 
prisons and jails. 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.

Persons at Higher Risk of Eviction May Also be at Higher Risk of Being 
Unvaccinated

    At this time, communities with high rates of eviction may currently 
have lower coverage of COVID-19 vaccination--a focus for current

[[Page 34015]]

vaccination campaigns. In the spring of 2021, 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) were shown to have lower levels of COVID-19 
vaccination.\36\
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    \36\ Barry V, Dasgupta S, Weller DL, Kriss JL, Cadwell BL, Rose 
C, Pingali C, Musial T, Sharpe JD, Flores SA, Greenlund KJ, Patel A, 
Stewart A, Qualters JR, Harris L, Barbour KE, Black CL. Patterns in 
COVID-19 Vaccination Coverage, by Social Vulnerability and 
Urbanicity--United States, December 14, 2020-May 1, 2021. MMWR Morb 
Mortal Wkly Rep. 2021 Jun 4;70(22):818-824. doi: 10.15585/
mmwr.mm7022e1. PMID: 34081685; PMCID: PMC8174677.
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CDC Eviction Moratorium
    The Department of the Treasury continues to distribute emergency 
rental assistance funds that may help mitigate spikes in COVID-19 
transmission due to increases in evictions. These funds are expected to 
make a meaningful difference for hundreds of thousands of people who 
are expected to receive the rental assistance in the 30-day horizon of 
this Order, alongside other Federal and State efforts to prevent 
evictions.\37\
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    \37\ Treasury Emergency Rental Assistance Programs in 2021: 
Analysis of a National Survey. National Low Income Housing 
Coalition. June 2021. https://nlihc.org/sites/default/files/HIP_NLIHC_Furman_2021_6-22_FINAL_v2.pdf
---------------------------------------------------------------------------

    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. This 
Order further extends the prior Eviction Moratorium until July 31, 
2021, for the reasons described herein, while the Department of the 
Treasury disburses the remaining ERA funds to State and local 
jurisdictions, and those grantees continue to accelerate efforts to 
deploy rental assistance on behalf of tenants. To the extent any 
provision of this Order conflicts with prior Orders, this Order is 
controlling.

Applicability

    This Order does not apply in any State, local, territorial, or 
tribal area with a moratorium on residential evictions that provides 
the same or greater level of public-health protection than the 
requirements listed in this Order or to the extent its application is 
prohibited by Federal court order. In accordance with 42 U.S.C. 264(e), 
this Order does not preclude State, local, territorial, and tribal 
authorities from imposing additional requirements that provide greater 
public-health protection and are more restrictive than the requirements 
in this Order.
    This Order is a temporary eviction moratorium to prevent the 
further spread of COVID-19. This Order does not relieve any individual 
of any obligation to pay rent, make a housing payment, or comply with 
any other obligation that the individual may have under a tenancy, 
lease, or similar contract. Nothing in this Order precludes the 
charging or collecting of fees, penalties, or interest as a result of 
the failure to pay rent or other housing payment on a timely basis, 
under the terms of any applicable contract. Nothing in this Order 
precludes evictions based on a tenant, lessee, or resident: (1) 
Engaging in criminal activity while on the premises; (2) threatening 
the health or safety of other residents; \38\ (3) damaging or posing an 
immediate and significant risk of damage to property; (4) violating any 
applicable building code, health ordinance, or similar regulation 
relating to health and safety; or (5) violating any other contractual 
obligation, other than the timely payment of rent or similar housing-
related payment (including non-payment or late payment of fees, 
penalties, or interest).
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    \38\ Individuals who might have COVID-19 are advised to stay 
home except to get medical care. Accordingly, individuals who might 
have COVID-19 and take reasonable precautions to not spread the 
disease should not be evicted on the ground that they may pose a 
health or safety threat to other residents. See What to Do if You 
are Sick, Centers for Disease Control and Prevention, https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/steps-when-sick.html (last updated Mar. 17, 2021).
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    Any evictions for nonpayment of rent initiated prior to September 
4, 2020, but not yet completed, are subject to this Order. Any tenant, 
lessee, or resident of a residential property who qualifies as a 
``Covered Person'' and is still present in a rental unit is entitled to 
protections under this Order. Any eviction that was completed prior to 
September 4, 2020, is not subject to this Order.
    Under this Order, covered persons may be evicted for engaging in 
criminal activity while on the premises. But covered persons may not be 
evicted on the sole basis that they are alleged to have committed the 
crime of trespass (or similar State-law offense) where the underlying 
activity is a covered person remaining in a residential property for 
nonpayment of rent. Permitting such evictions would result in 
substantially more evictions overall, thus increasing the risk of 
disease transmission as otherwise covered persons move into congregate 
settings or experience homelessness. This result would be contrary to 
the stated objectives of this Order, and therefore would diminish their 
effectiveness. Moreover, to the extent such criminal trespass laws are 
invoked to establish criminal activity solely based on a tenant, 
lessee, or resident of a residential property remaining in a 
residential property despite the nonpayment of rent, such invocation 
conflicts with this Order and is preempted pursuant to 42 U.S.C. 
264(e).
    Individuals who are confirmed to have, who have been exposed to, or 
who might have COVID-19 and take reasonable precautions to not spread 
the disease may not be evicted on grounds that they may pose a health 
or safety threat to other residents.
    The Order is extended through July 31, 2021, based on the current 
and projected epidemiological context of SARS-CoV-2 transmission 
throughout the United States. This 30-day extension, intended to be the 
final iteration, 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 
or removed from where they live. To assist tenants and landlords, the 
CDC created a standardized declaration form that can be downloaded 
here: https://www.cdc.gov/coronavirus/2019-ncov/downloads/declaration-form.pdf.
    Tenants, lessees, and residents of residential property are not 
obligated to use the CDC form. Any written document that an eligible 
tenant, lessee, or residents of residential property presents to their 
landlord will comply with this Order, as long as it contains

[[Page 34016]]

the required elements of ``Covered person'' as described in this Order. 
In addition, tenants, lessees, and residents of residential property 
are allowed to declare in writing that they meet the elements of 
covered person in other languages.
    All declarations, regardless of form used, must be signed, and must 
include a statement that the tenant, lessee, or resident of a 
residential property understands that they could be liable for perjury 
for any false or misleading statements or omissions in the declaration. 
This Order does not preclude a landlord challenging the truthfulness of 
a tenant's, lessee's, or resident's declaration in court, as permitted 
under State or local law.
    In certain circumstances, such as individuals filing a joint tax 
return, it may be appropriate for one member of the residence to 
provide an executed declaration on behalf of the other adult residents 
party to the lease, rental agreement, or housing contract. The 
declaration may be signed and transmitted either electronically or by 
hard copy.
    As long as the information in a previously signed declaration 
submitted under a previous order remains submit a new declaration under 
this Order.

Findings and Action

Determination

    For the reasons described herein, I am extending the September 4, 
2020 Order, as extended by section 502 of Title V, Division N of the 
Consolidated Appropriations Act, 2021 and further extended and modified 
by the January 29, 2021 and March 28, 2021 Orders. I have determined 
based on the information below 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.
    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. Although trends have improved 
dramatically since January 2021, there continues to be ongoing 
transmission of approximately 10,000 cases per day in the United 
States.\39\
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    \39\ COVID Data Tracker, Centers for Disease Control and 
Prevention, https://covid.cdc.gov/covid-data-tracker/#trends_dailytrendscases (last updated June 22, 2021).
---------------------------------------------------------------------------

    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 6.4 million 
renter households are behind on their rent as of March 29, 2021. 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 expires on June 30, a wave of evictions, on the order of 
hundreds of thousands, could occur this 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 ongoing COVID-19 transmission, and 
the overlapping factors described above, this would create considerable 
risk for the rapid transmission of COVID-19 in high-risk settings. 
Allowing additional time for rent relief to reach renters--alongside 
other Federal and State actions to prevent evictions--by an extension 
through the month of July 2021 can decrease the numbers of likely 
evictions and avert the potential of COVID-19 resurgence among people 
who experience eviction, their communities, and other regions of the 
country affected by the resulting transmission.
    Based on the convergence of these issues, I have determined that 
extending the temporary halt on evictions is appropriate.
    Therefore, under 42 CFR 70.2, subject to the limitations under the 
``Applicability'' section, the September 4, 2020 Order, as extended and 
modified by the January 29, 2021 and March 28, 2021 Orders, is hereby 
extended through July 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 where there are documented cases of COVID-19 and the 
State or U.S. 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 Sec.  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.\40\
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    \40\ Chambless Enters., LLC v. Redfield, No. 20-1455, 2020 WL 
7588849 (W.D. La. 2020).
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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.
    In the September 4, 2020 Order, the previous CDC Director 
determined that good cause existed because the public health emergency 
caused by COVID-19 made it impracticable and contrary to the public 
health, and by extension the public interest, to delay the issuance and 
effective date of the Order. The previous Director also found that a 
delay in the effective date of the Order would permit the occurrence of 
evictions--potentially on a mass scale--that would have potentially 
significant consequences. For these reasons, the previous Director 
concluded that the delay in the effective date of the Order

[[Page 34017]]

would defeat the purpose of the Order and endanger the public health 
and, therefore, determined that immediate action was necessary. As a 
result, the previous Director issued the Order without prior notice and 
comment and without a delay in the effective date. I made similar 
findings in the January 29, 2021 and March 28, 2021 Orders, and similar 
findings, as described herein, continue to exist.
    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. And although the 
pandemic is showing positive trends, the fundamental public health 
threat that existed on September 4, 2020, January 29, 2021, and March 
28, 2021--the risk of large numbers of residential evictions 
contributing to the spread of COVID-19 throughout the United States--
continues to exist. Without this Order, there is every reason to expect 
that evictions will increase. It is imperative that public health 
authorities act quickly to mitigate such an increase of evictions, 
which could increase the likelihood of new spikes in SARS-CoV-2 
transmission even as COVID-19 morbidity and mortality may be waning. 
Such mass evictions and the attendant public-health consequences could 
unravel positive trends, and 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 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).\41\ 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.
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    \41\ Vincent Reina et al, COVID-19 Emergency Rental Assistance: 
Analysis of a National Survey of Programs, Research Brief, https://nlihc.org/sites/default/files/HIP_NLIHC_Furman_Brief_FINAL.pdf (last 
visited Mar. 26, 2021).
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    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. 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 partners 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/program-support. For further information on HUD 
resources, tools, and guidance available to respond to the COVID-19 
pandemic, State and local officials are directed to visit https://www.hud.gov/coronavirus. These tools include toolkits for Public 
Housing Authorities and Housing Choice Voucher landlords related to 
housing stability and eviction prevention, as well as similar guidance 
for owners and renters in HUD-assisted multifamily properties. 
Furthermore, tenants can visit consumerfinance.gov/housing for up-to-
date information on rent relief options, protections, and key 
deadlines.

[[Page 34018]]

Effective Date

    This Order is effective on July 1, 2021, and will remain in effect 
through July 31, 2021, subject to revision based on the changing public 
health landscape.

Authority

    The authority for this Order is Section 361 of the Public Health 
Service Act (42 U.S.C. 264) and 42 CFR 70.2.

    Dated: June 24, 2021.
Sherri Berger,
Chief of Staff, Centers for Disease Control and Prevention.
[FR Doc. 2021-13842 Filed 6-24-21; 2:00 pm]
BILLING CODE 4163-18-P


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