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DEPARTMENT OF HEALTH AND immunocompromised state, obesity, eviction or possessory action, shall not HUMAN SERVICES serious heart conditions, and diabetes, evict any covered person from any are at increased risk for severe illness residential property in any jurisdiction Centers for Disease Control and from COVID–19.1 to which this Order applies during the Prevention COVID–19 presents a historic threat to effective period of the Order. This Order public health. According to one recent does not apply in any State, local, Temporary Halt in Residential study, the mortality associated with territorial, or tribal area with a Evictions To Prevent the Further COVID–19 during the early phase of the moratorium on residential evictions that Spread of COVID–19 outbreak in New York City was provides the same or greater level of AGENCY: Centers for Disease Control and comparable to the peak mortality public-health protection than the Prevention (CDC), Department of Health observed during the 1918 H1N1 requirements listed in this Order. Nor and Human Services (HHS). influenza pandemic.2 During the 1918 does this order apply to American Samoa, which has reported no cases of ACTION: Agency Order. H1N1 influenza pandemic, there were approximately 50 million influenza- COVID–19, until such time as cases are SUMMARY: The Centers for Disease related deaths worldwide, including reported. Control and Prevention (CDC), located 675,000 in the United States. To In accordance with 42 U.S.C. 264(e), within the Department of Health and respond to this public health threat, the this Order does not preclude State, Human Services (HHS) announces the Federal, State, and local governments local, territorial, and tribal authorities issuance of an Order under Section 361 have taken unprecedented or from imposing additional requirements of the Public Health Service Act to exceedingly rare actions, including that provide greater public-health temporarily halt residential evictions to border closures, restrictions on travel, protection and are more restrictive than prevent the further spread of COVID–19. stay-at-home orders, mask requirements, the requirements in this Order. DATES: This Order is effective and eviction moratoria. Despite these This Order is a temporary eviction September 4, 2020 through best efforts, COVID–19 continues to moratorium to prevent the further 31, 2020. spread and further action is needed. spread of COVID–19. This Order does not relieve any individual of any FOR FURTHER INFORMATION CONTACT: In the context of a pandemic, eviction obligation to pay rent, make a housing Nina Witkofsky, Acting Chief of Staff, moratoria—like quarantine, isolation, payment, or comply with any other Centers for Disease Control and and social distancing—can be an obligation that the individual have Prevention, 1600 Clifton Road NE, MS effective public health measure utilized under a tenancy, lease, or similar H21–10, Atlanta, GA 30329; Telephone: to prevent the spread of communicable contract. Nothing in this Order 404–639–7000; Email: cdcregulations@ disease. Eviction moratoria facilitate precludes the charging or collecting of cdc.gov. self-isolation by people who become ill fees, penalties, or interest as a result of or who are at risk for severe illness from SUPPLEMENTARY INFORMATION: the failure to pay rent or other housing COVID–19 due to an underlying payment on a timely basis, under the Background medical condition. They also allow terms of any applicable contract. There is currently a pandemic of a State and local authorities to more respiratory disease (‘‘COVID–19’’) easily implement stay-at-home and Renter’s or Homeowner’s Declaration caused by a novel coronavirus (SARS– social distancing directives to mitigate Attachment A is a Declaration form COV–2) that has now spread globally, the community spread of COVID–19. that tenants, lessees, or residents of including cases reported in all fifty Furthermore, housing stability helps residential properties who are covered states within the United States plus the protect public health because by the CDC’s order temporarily halting District of Columbia and U.S. territories homelessness increases the likelihood of residential evictions to prevent the (excepting American Samoa). As of individuals moving into congregate further spread of COVID–19 may use. To 24, 2020, there were over settings, such as homeless shelters, invoke the CDC’s order these persons 23,000,000 cases of COVID–19 globally which then puts individuals at higher must provide an executed copy of the resulting in over 800,000 deaths; over risk to COVID–19. The ability of these Declaration form (or a similar 5,500,000 cases have been identified in settings to adhere to best practices, such declaration under penalty of perjury) to the United States, with new cases being as social distancing and other infection their landlord, owner of the residential reported daily and over 174,000 deaths control measures, decreases as property where they live, or other due to the disease. populations increase. Unsheltered person who has a right to have them The virus that causes COVID–19 homelessness also increases the risk that evicted or removed from where they spreads very easily and sustainably individuals will experience severe live. Each adult listed on the lease, between people who are in close contact illness from COVID–19. rental agreement, or housing contract with one another (within about 6 feet), Applicability should likewise complete and provide a mainly through respiratory droplets declaration. Unless the CDC order is produced when an infected person Under this Order, a landlord, owner extended, changed, or ended, the order coughs, sneezes, or talks. Some people of a residential property, or other prevents these persons from being 3 without symptoms may be able to person with a legal right to pursue evicted or removed from where they are spread the virus. Among adults, the risk living through , 2020. for severe illness from COVID–19 1 CDC, People with Certain Medical Conditions, https://www.cdc.gov/coronavirus/2019-ncov/need- These persons are still required to pay increases with age, with older adults at extra-precautions/people-with-medical- rent and follow all the other terms of highest risk. Severe illness means that conditions.html (accessed , 2020). their lease and rules of the place where persons with COVID–19 may require 2 Faust JS, Lin Z, del Rio C. Comparison of they live. These persons may also still hospitalization, intensive care, or a Estimated Excess Deaths in New York City During be evicted for reasons other than not ventilator to help them breathe, and the COVID–19 and 1918 Influenza Pandemics. JAMA New Open. 2020;3(8):e2017527. doi:10.1001/ paying rent or making a housing may be fatal. People of any age with jamanetworkopen.2020.17527. certain underlying medical conditions, 3 For purposes of this Order, ‘‘person’’ includes partnerships, societies, and joint stock companies, such as cancer, an corporations, companies, associations, firms, as well as individuals.

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payment. Executed declarations should other person with a legal right to pursue similar dwelling leased for residential not be returned to the Federal eviction or a possessory action, a purposes, but shall not include any Government. declaration under penalty of perjury hotel, motel, or other guest house rented indicating that: to a temporary guest or seasonal tenant Centers for Disease Control and (1) The individual has used best as defined under the laws of the State, Prevention, Department of Health and efforts to obtain all available territorial, tribal, or local jurisdiction. Human Services government assistance for rent or ‘‘State’’ shall have the same definition Order Under Section 361 of the Public housing; as under 42 CFR 70.1, meaning ‘‘any of Health Service Act (42 U.S.C. 264) and (2) The individual either (i) expects to the 50 states, plus the District of 42 CFR 70.2 earn no more than $99,000 in annual Columbia.’’ income for Calendar Year 2020 (or no Temporary Halt in Residential ‘‘U.S. territory’’ shall have the same more than $198,000 if filing a joint tax Evictions To Prevent the Further definition as under 42 CFR 70.1, return),6 (ii) was not required to report Spread of COVID–19 meaning ‘‘any territory (also known as any income in 2019 to the U.S. Internal possessions) of the United States, Summary Revenue Service, or (iii) received an including American Samoa, Guam, the Notice and Order; and subject to the Economic Impact Payment (stimulus Northern Mariana Islands, the limitations under ‘‘Applicability’’: check) pursuant to Section 2201 of the Commonwealth of Puerto Rico, and the Under 42 CFR 70.2, a landlord, owner CARES Act; U.S. Virgin Islands.’’ (3) the individual is unable to pay the of a residential property, or other Statement of Intent person 4 with a legal right to pursue full rent or make a full housing payment eviction or possessory action, shall not due to substantial loss of household This Order shall be interpreted and evict any covered person from any income, loss of compensable hours of implemented in a manner as to achieve residential property in any jurisdiction work or wages, a lay-off, or the following objectives: 7 • Mitigating the spread of COVID–19 to which this Order applies during the extraordinary out-of-pocket medical within congregate or shared living effective period of the Order. expenses; (4) the individual is using best efforts settings, or through unsheltered Definitions to make timely partial payments that are homelessness; • ‘‘Available government assistance’’ as close to the full payment as the mitigating the further spread of means any governmental rental or individual’s circumstances may permit, COVID–19 from one U.S. State or U.S. housing payment benefits available to taking into account other territory into any other U.S. State or the individual or any household nondiscretionary expenses; and U.S. territory; and • supporting response efforts to member. (5) eviction would likely render the ‘‘Available housing’’ means any individual homeless—or force the COVID–19 at the Federal, State, local, available, unoccupied residential individual to move into and live in territorial, and tribal levels. property, or other space for occupancy close quarters in a new congregate or Background shared living setting—because the in any seasonal or temporary housing, There is currently a pandemic of a that would not violate Federal, State, or individual has no other available housing options. respiratory disease (‘‘COVID–19’’) local occupancy standards and that caused by a novel coronavirus (SARS– would not result in an overall increase ‘‘Evict’’ and ‘‘Eviction’’ means any action by a landlord, owner of a COV–2) that has now spread globally, of housing cost to such individual. including cases reported in all fifty ‘‘Covered person’’ 5 means any tenant, residential property, or other person states within the United States plus the lessee, or resident of a residential with a legal right to pursue eviction or District of Columbia and U.S. territories property who provides to their landlord, a possessory action, to remove or cause (excepting American Samoa). As of the owner of the residential property, or the removal of a covered person from a residential property. This does not , 2020, there were over 23,000,000 cases of COVID–19 globally 4 For purposes of this Order, ‘‘person’’ includes include foreclosure on a home mortgage. corporations, companies, associations, firms, ‘‘Residential property’’ means any resulting in over 800,000 deaths; over partnerships, societies, and joint stock companies, property leased for residential purposes, 5,500,000 cases have been identified in as well as individuals. including any house, building, mobile the United States, with new cases being 5 This definition is based on factors that are home or land in a mobile home park, or reported daily and over 174,000 deaths known to contribute to evictions and thus increase the need for individuals to move into close quarters due to the disease. in new congregate or shared living arrangements or 6 According to one study, the national two- The virus that causes COVID–19 experience homelessness. Individuals who suffer bedroom housing wage in 2020 was $23.96 per hour spreads very easily and sustainably job loss, have limited financial resources, are low (approximately, $49,837 annually), meaning that an between people who are in close contact income, or have high out-of-pocket medical hourly wage of $23.96 was needed to afford a expenses are more likely to be evicted for modest two bedroom house without spending more with one another (within about 6 feet), nonpayment of rent than others not experiencing than 30% of one’s income on rent. The hourly wage mainly through respiratory droplets these factors. See Desmond, M., Gershenson, C., needed in Hawaii (the highest cost U.S. State for produced when an infected person Who gets evicted? Assessing individual, rent) was $38.76 (approximately $80,621 annually). coughs, sneezes, or talks. Some people neighborhood, and network factors, Social Science See National Low-Income Housing Coalition, Out of Research 62 (2017), 366–377, http://dx.doi.org/ Reach: The High Cost of Housing 2020, available at: without symptoms may be able to 10.1016/j.ssresearch.2016.08.017, (identifying job https://reports.nlihc.org/oor. As further explained spread the virus. Among adults, the risk loss as a possible predictor of eviction because herein, because this Order is intended to serve the for severe illness from COVID–19 renters who lose their jobs experience not only a critical public health goal of preventing evicted increases with age, with older adults at sudden loss of income but also the loss of individuals from potentially contributing to the predictable future income). According to one interstate spread of COVID–19 through movement highest risk. Severe illness means that survey, over one quarter (26%) of respondents also into close quarters in new congregate, shared persons with COVID–19 may require identified job loss as the primary cause of housing settings, or though homelessness, the hospitalization, intensive care, or a homelessness. See 2019 Homeless higher income thresholds listed here have been ventilator to help them breathe, and Point-in-Time Count & Survey, page 22, available determined to better serve this goal. may be fatal. People of any age with at: https://hsh.sfgov.org/wp-content/uploads/2020/ 7 An extraordinary medical expense is any 01/2019HIRDReport_SanFrancisco_FinalDraft- unreimbursed medical expense likely to exceed certain underlying medical conditions, 1.pdf. 7.5% of one’s adjusted gross income for the year. such as cancer, an

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immunocompromised state, obesity, restrictive than the requirements in this index case of COVID–19 than other serious heart conditions, and diabetes, Order. close contacts.12 are at increased risk for severe illness Additionally, this Order shall not Shared housing is not limited to 8 from COVID–19. apply to American Samoa, which has friends and family. It includes a broad COVID–19 presents a historic threat to reported no cases of COVID–19, until range of settings, including transitional public health. According to one recent such time as cases are reported. housing, and domestic violence and study, the mortality associated with abuse shelters. Special considerations COVID–19 during the early phase of the This Order is a temporary eviction exist for such housing because of the outbreak in New York City was moratorium to prevent the further challenges of maintaining social comparable to the peak mortality spread of COVID–19. This Order does distance. Residents often gather closely observed during the 1918 H1N1 not relieve any individual of any or use shared equipment, such as influenza pandemic.9 During the 1918 obligation to pay rent, make a housing kitchen appliances, laundry facilities, H1N1 influenza pandemic, there were payment, or comply with any other stairwells, and elevators. Residents may approximately 50 million influenza- obligation that the individual may have have unique needs, such as disabilities, related deaths worldwide, including under a tenancy, lease, or similar cognitive decline, or no access to 675,000 in the United States. To contract. Nothing in this Order technology, and thus may find it more respond to this public health threat, the precludes the charging or collecting of difficult to take actions to protect Federal, State, and local governments fees, penalties, or interest as a result of themselves from COVID–19. CDC have taken unprecedented or the failure to pay rent or other housing recommends that shelters provide new exceedingly rare actions, including payment on a timely basis, under the residents with a clean mask, keep them border closures, restrictions on travel, terms of any applicable contract. isolated from others, screen for stay-at-home orders, mask requirements, Nothing in this Order precludes symptoms at entry, or arrange for and eviction moratoria. Despite these evictions based on a tenant, lessee, or medical evaluations as needed significant efforts, COVID–19 continues resident: (1) Engaging in criminal depending on symptoms.13 to spread and further action is needed. activity while on the premises; (2) Accordingly, an influx of new residents In the context of a pandemic, eviction threatening the health or safety of other at facilities that offer support services moratoria—like quarantine, isolation, residents; 10 (3) damaging or posing an could potentially overwhelm staff and, and social distancing—can be an immediate and significant risk of if recommendations are not followed, effective public health measure utilized damage to property; (4) violating any lead to exposures. to prevent the spread of communicable applicable building code, health Congress passed the Coronavirus Aid, disease. Eviction moratoria facilitate ordinance, or similar regulation relating Relief, and Economic Security (CARES) self-isolation by people who become ill to health and safety; or (5) violating any Act (Pub. L. 116–136) to aid individuals or who are at risk for severe illness from other contractual obligation, other than and businesses adversely affected by COVID–19 due to an underlying the timely payment of rent or similar COVID–19. Section 4024 of the CARES medical condition. They also allow housing-related payment (including Act provided a 120-day moratorium on State and local authorities to more non-payment or late payment of fees, eviction filings as well as other protections for tenants in certain rental easily implement stay-at-home and penalties, or interest). social distancing directives to mitigate properties with Federal assistance or the community spread of COVID–19. Eviction and Risk of COVID–19 federally related financing. These Furthermore, housing stability helps Transmission protections helped alleviate the public health consequences of tenant protect public health because Evicted renters must move, which homelessness increases the likelihood of displacement during the COVID–19 leads to multiple outcomes that increase pandemic. The CARES Act eviction individuals moving into close quarters the risk of COVID–19 spread. moratorium expired on 24, 2020.14 in congregate settings, such as homeless Specifically, many evicted renters move The protections in the CARES Act shelters, which then puts individuals at into close quarters in shared housing or supplemented temporary eviction higher risk to COVID–19. other congregate settings. According to moratoria and rent freezes implemented Applicability the Census Bureau American Housing by governors and local officials using Survey, 32% of renters reported that This Order does not apply in any emergency powers. they would move in with friends or State, local, territorial, or tribal area Researchers estimated that this family members upon eviction, which with a moratorium on residential temporary Federal moratorium provided would introduce new household evictions that provides the same or relief to a material portion of the members and potentially increase 15 greater level of public-health protection nation’s roughly 43 million renters. household crowding.11 Studies show than the requirements listed in this that COVID–19 transmission occurs 12 Order. In accordance with 42 U.S.C. Bi Q, Wu Y, Mei S, et al. Epidemiology and readily within households; household transmission of COVID–19 in 391 cases and 1286 264(e), this Order does not preclude contacts are estimated to be 6 times of their close contacts in Shenzhen, China: a State, local, territorial, and tribal retrospective cohort study. Lancet Infect Dis 2020, more likely to become infected by an authorities from imposing additional https://doi.org/10.1016/S1473-3099(20)30287-5. requirements that provide greater 13 See CDC COVID–19 Guidance for Shared or 10 Individuals who might have COVID–19 are Congregate Housing, available at: https:// public-health protection and are more advised to stay home except to get medical care. www.cdc.gov/coronavirus/2019-ncov/community/ Accordingly, individuals who might have COVID– shared-congregate-house/guidance-shared- 8 CDC, People with Certain Medical Conditions, 19 and take reasonable precautions to not spread congregate-housing.html. https://www.cdc.gov/coronavirus/2019-ncov/need- the disease should not be evicted on the ground that 14 Because evictions generally require 30-days’ extra-precautions/people-with-medical- they may pose a health or safety threat to other notice, the effects of housing displacement due to conditions.html (accessed August 26, 2020). residents. See What to Do if You are Sick, available the expiration of the CARES act are not expected 9 Faust JS, Lin Z, del Rio C. Comparison of at https://www.cdc.gov/coronavirus/2019-ncov/if- to manifest until , 2020. Estimated Excess Deaths in New York City During you-are-sick/steps-when-sick.html. 15 See Congressional Research Service, CARES the COVID–19 and 1918 Influenza Pandemics. 11 United States Census Bureau. American Act Eviction Moratorium, ( 7, 2020) available JAMA New Open. 2020;3(8):e2017527. doi:10.1001/ Housing Survey, 2017. https://www.census.gov/ at: https://crsreports.congress.gov/product/pdf/IN/ jamanetworkopen.2020.17527. programs-surveys/ahs.html. IN11320.

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Approximately 12.3 million rental units some individuals and families who are individuals who become homeless. have federally backed financing, evicted may originally stay with family Shelters that do not adhere to the representing 28% of renters. Other data or friends, but subsequently seek guidance, and operate at ordinary or show more than 2 million housing homeless services. Among people who increased occupancy, are at greater risk vouchers along with approximately 2 entered shelters throughout the United for the types of outbreaks described million other federally assisted rental States in 2017, 27% were staying with above. The challenge of mitigating units.16 family or friends beforehand.23 disease transmission in homeless The Federal moratorium, however, People experiencing homelessness are shelters has been compounded because did not reach all renters. Many renters a high-risk population. It may be more some organizations have chosen to stop who fell outside the scope of the Federal difficult for these persons to or limit volunteer access and moratorium were protected under State consistently access the necessary participation. and local moratoria. In the absence of resources in order to adhere to public In the context of the current State and local protections, as many as health recommendations to prevent pandemic, large increases in evictions 30–40 million people in America could COVID–19. For instance, it may not be could have at least two potential be at risk of eviction.17 A wave of possible to avoid certain congregate negative consequences. One is if evictions on that scale would be settings such as homeless shelters, or homeless shelters increase occupancy in 18 unprecedented in modern times. A easily access facilities to engage in ways that increase the exposure risk to large portion of those who are evicted handwashing with soap and water. COVID–19. The other is if homeless may move into close quarters in shared Extensive outbreaks of COVID–19 shelters turn away the recently housing or, as discussed below, become have been identified in homeless 24 homeless, who could become homeless, thus contributing to the shelters. In Seattle, Washington, a unsheltered, and further contribute to spread of COVID–19. network of three related homeless the spread of COVID–19. Neither The statistics on interstate moves shelters experienced an outbreak that consequence is in the interest of the show that mass evictions would likely led to 43 cases among residents and staff public health. increase the interstate spread of COVID– members.25 In Boston, Massachusetts, The risk of COVID–19 spread 19. Over 35 million Americans, universal COVID–19 testing at a single associated with unsheltered representing approximately 10% of the shelter revealed 147 cases, representing homelessness (those who are sleeping U.S. population, move each year.19 36% of shelter residents.26 COVID–19 outside or in places not meant for Approximately 15% of moves are testing in a single shelter in San human habitation) is of great concern to interstate.20 Francisco led to the identification of 101 CDC. Over 35% of homeless persons are cases (67% of those tested).27 Eviction, Homelessness, and Risk of typically unsheltered.30 The Throughout the United States, among Severe Disease From COVID–19 unsheltered homeless are at higher risk 208 shelters reporting universal for infection when there is community Evicted individuals without access to diagnostic testing data, 9% of shelter spread of COVID–19. The risks housing or assistance options may also clients have tested positive.28 contribute to the homeless population, CDC guidance recommends increasing associated with sleeping and living including older adults or those with physical distance between beds in outdoors or in an encampment setting underlying medical conditions, who are homeless shelters.29 To adhere to this are different than from staying indoors more at risk for severe illness from guidance, shelters have limited the in a congregate setting, such as an COVID–19 than the general number of people served throughout the emergency shelter or other congregate population.21 In Seattle-King County, 5– United States. In many places, living facility. While outdoor settings 15% of people experiencing considerably fewer beds are available to may allow people to increase physical homelessness between 2018 and 2020 distance between themselves and cited eviction as the primary reason for uploads/2020/07/Count-Us-In-2020-Final_ others, they may also involve exposure becoming homeless.22 Additionally, 7.29.2020.pdf to the elements and inadequate access to 23 United States Department of Housing and hygiene, sanitation facilities, health 16 See HUD, A Picture of Subsidized Households Urban Development. The 2017 Annual Homeless care, and therapeutics. The latter factors General Description of the Data and Bibliography, Assessment Report (AHAR) to Congress: Part 2. contribute to the further spread of Available at: https://files.hudexchange.info/ available at: https://www.huduser.gov/portal/ COVID–19. datasets/assthsg/statedata98/descript.html. resources/documents/2017-AHAR-Part-2.pdf 17 See Emily Benfer, et al., The COVID–19 24 Mosites E, et al, Assessment of SARS-CoV–2 Additionally, research suggests that Eviction Crisis: An Estimated 30–40 Million People Infection Prevalence in Homeless Shelters—Four the population of persons who would be in America are at Risk, available at: https:// U.S. Cities, 27–, 2020. MMWR 2020 evicted and become homeless would ;69(17):521–522. www.aspeninstitute.org/blog-posts/the-covid-19- include many who are predisposed to eviction-crisis-an-estimated-30-40-million-people- 25 Tobolowsky FA, et al. COVID–19 Outbreak in-america-are-at-risk/. Among Three Affiliated Homeless Service Sites— developing severe disease from COVID– 18 As a baseline, approximately 900,000 renters King County, Washington, 2020. MMWR 2020 . Five studies have shown an are evicted every year in the United States. 1;69(17):523–526. association between eviction and Princeton University Eviction Lab. National 26 Baggett TP, Keyes H, Sporn N, Gaeta JM. hypertension, which has been Estimates: Eviction in America. https:// Prevalence of SARS-CoV–2 Infection in Residents of evictionlab.org/national-estimates/. a Large Homeless Shelter in Boston. JAMA. 2020 associated with more severe outcomes 19 See U.S. Census Bureau, CPS Historical Apr 27;323(21):2191–2. Online ahead of print. from COVID–19.31 Also, the homeless Migration/Geographic Mobility Tables, available at: 27 Imbert E, et al. Coronavirus Disease 2019 https://www.census.gov/data/tables/time-series/ (COVID–19) Outbreak in a San Francisco Homeless 30 In 2018, 552,830 people were counted demo/geographic-mobility/historic.html. Shelter. Clin Infect Dis. 2020 Aug 3. as homeless in the United States. Of those, 194,467 20 Id. 28 National Health Care for the Homeless Council (35 percent) were unsheltered, and 358,363 (65 21 See CDC, Coronavirus Disease 2019 (COVID– and Centers for Disease Control and Prevention. percent) were sheltered. See, Council of Economic 19), People Who Are at Increased Risk for Severe Universal Testing Data Dashboard. Available at: Advisors, The State of Homelessness in America Illness, available at https://www.cdc.gov/ https://nhchc.org/cdc-covid-dashboard/. (September 2019), available at https:// coronavirus/2019-ncov/need-extra-precautions/ 29 Centers for Disease Control and Prevention. www.whitehouse.gov/wp-content/uploads/2019/09/ people-at-increased-risk.html (accessed August 26, Interim Guidance for Homeless Service Providers to The-State-of-Homelessness-in-America.pdf. 2020). Plan and Respond to COVID–19. https:// 31 Hugo Vasquez-Vera, et al. The threat of home 22 Seattle-King County. Point in Time Count. www.cdc.gov/coronavirus/2019-ncov/community/ eviction and its effects on health through the equity https://regionalhomelesssystem.org/wp-content/ homeless-shelters/plan-prepare-respond.html. Continued

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often have underlying conditions that do not meet or exceed these minimum homeless and unsheltered, and further increase their risk of severe outcomes of protections are insufficient to prevent contribute to the spread of COVID–19. A COVID–19.32 Among patients with the interstate spread of COVID–19.36 delay in the effective date of the Order COVID–19, homelessness has been Based on the convergence of COVID– that leads to such consequences would associated with increased likelihood of 19, seasonal influenza, and the defeat the purpose of the Order and hospitalization.33 increased risk of individuals sheltering endanger the public health. Immediate These public health risks may in close quarters in congregate settings action is necessary. increase seasonally. Each year, as winter such as homeless shelters, which may Similarly, if this Order qualifies as a approaches and the temperature drops, be unable to provide adequate social rule under the APA, the Office of many homeless move into shelters to distancing as populations increase, all Information and Regulatory Affairs has escape the cold and the occupancy of of which may be exacerbated as fall and determined that it would be a major rule shelters increases.34 At the same time, winter approach, I have determined that under the Congressional Review Act there is evidence to suggest that the a temporary halt on evictions through (CRA). But there would not be a delay homeless are more susceptible to December 31, 2020, subject to further in its effective date. The agency has respiratory tract infections,35 which extension, modification, or rescission, is determined that for the same reasons, may include seasonal influenza. While appropriate. there would be good cause under the there are differences in the Therefore, under 42 CFR 70.2, subject CRA to make the requirements herein epidemiology of COVID–19 and to the limitations under the effective immediately. seasonal influenza, the potential co- ‘‘Applicability’’ section, a landlord, If any provision of this Order, or the circulation of viruses during periods of owner of a residential property, or other application of any provision to any increased occupancy in shelters could person with a legal right to pursue persons, entities, or circumstances, shall increase the risk to occupants in those eviction or possessory action shall not be held invalid, the remainder of the shelters. evict any covered person from any provisions, or the application of such In short, evictions threaten to increase residential property in any State or U.S. provisions to any persons, entities, or the spread of COVID–19 as they force territory in which there are documented circumstances other than those to which people to move, often into close quarters cases of COVID–19 that provides a level it is held invalid, shall remain valid and in new shared housing settings with of public-health protections below the in effect. friends or family, or congregate settings requirements listed in this Order. This Order shall be enforced by such as homeless shelters. The ability of This Order is not a rule within the Federal authorities and cooperating these settings to adhere to best practices, meaning of the Administrative State and local authorities through the such as social distancing and other Procedure Act (‘‘APA’’) but rather an provisions of 18 U.S.C. 3559, 3571; 42 infection control measures, decreases as emergency action taken under the U.S.C. 243, 268, 271; and 42 CFR 70.18. populations increase. Unsheltered existing authority of 42 CFR 70.2. In the However, this Order has no effect on the homelessness also increases the risk that event that this Order qualifies as a rule contractual obligations of renters to pay individuals will experience severe under the APA, notice and comment rent and shall not preclude charging or illness from COVID–19. and a delay in effective date are not collecting fees, penalties, or interest as Findings and Action required because there is good cause to a result of the failure to pay rent or other housing payment on a timely basis, Therefore, I have determined the dispense with prior public notice and comment and the opportunity to under the terms of any applicable temporary halt in evictions in this Order contract. constitutes a reasonably necessary comment on this Order and the delay in measure under 42 CFR 70.2 to prevent effective date. See 5 U.S.C. 553(b)(3)(B). Criminal Penalties Considering the public-health the further spread of COVID–19 Under 18 U.S.C. 3559, 3571; 42 U.S.C. emergency caused by COVID–19, it throughout the United States. I have 271; and 42 CFR 70.18, a person would be impracticable and contrary to further determined that measures by violating this Order may be subject to a the public health, and by extension the states, localities, or U.S. territories that fine of no more than $100,000 if the public interest, to delay the issuance violation does not result in a death or and effective date of this Order. lens: A systematic review. Social Science and one year in jail, or both, or a fine of no A delay in the effective date of the Medicine. 175 (2017) 199e208. more than $250,000 if the violation 32 Fazel S, Geddes JR, Kushel M. The health of Order would permit the occurrence of results in a death or one year in jail, or homeless people in high-income countries: evictions—potentially on a mass scale— descriptive epidemiology, health consequences, and both, or as otherwise provided by law. that could have potentially significant clinical and policy recommendations. Lancet. An organization violating this Order consequences. As discussed above, one 2014;384(9953):1529–1540. may be subject to a fine of no more than 33 potential consequence would be that Hsu HE, et al. Race/Ethnicity, Underlying $200,000 per event if the violation does Medical Conditions, Homelessness, and evicted individuals would move into not result in a death or $500,000 per Hospitalization Status of Adult Patients with close quarters in congregate or shared COVID–19 at an Urban Safety-Net Medical Center— event if the violation results in a death living settings, including homeless Boston, Massachusetts, 2020. MMWR 2020 Jul or as otherwise provided by law. The 10;69(27):864–869. Historically, African Americans shelters, which would put the U.S. Department of Justice may initiate and Hispanic Americans are disproportionately individuals at higher risk to COVID–19. court proceedings as appropriate represented in evictions compared to other races. Another potential consequence would They are more likely to experience severe outcomes seeking imposition of these criminal be if evicted individuals become of COVID–19. Id. penalties. 34 See, generally, the Annual Homeless Assessment Report to Congress (2007), available at: 36 In the United States, public health measures are Notice to Cooperating State and Local https://www.huduser.gov/Publications/pdf/ahar.pdf implemented at all levels of government, including Officials (acknowledging the seasonality of shelter bed use). the Federal, State, local, and tribal levels. Publicly- 35 Ly TDA, Edouard S, Badiaga S, et al. available compilations of pending measures Under 42 U.S.C. 243, the U.S. Epidemiology of respiratory pathogen carriage in indicate that eviction moratoria and other Department of Health and Human the homeless population within two shelters in protections from eviction have expired or are set to Marseille, France, 2015–2017: Cross sectional 1-day expire in many jurisdictions. Eviction Lab, COVID– Services is authorized to cooperate with surveys. Clin Microbiol Infect. 2019; 25(2):249.e1– 19 Housing Policy Scorecard, available at: https:// and aid State and local authorities in the 249.e6. evictionlab.org/covid-policy-scorecard/. enforcement of their quarantine and

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other health regulations and to accept issues/cares/state-and-local- wages, lay-offs, or extraordinary 38 out- State and local assistance in the governments for more information. of-pocket medical expenses; enforcement of Federal quarantine rules Effective Date • I am using best efforts to make and regulations, including in the timely partial payments that are as close enforcement of this Order. This Order is effective upon publication in the Federal Register and to the full payment as the individual’s Notice of Available Federal Resources will remain in effect, unless extended, circumstances may permit, taking into While this order to prevent eviction is modified, or rescinded, through account other nondiscretionary effectuated to protect the public health, December 31, 2020. expenses; the States and units of local government • If evicted I would likely become Attachment are reminded that the Federal homeless, need to move into a homeless Government has deployed Declaration Under Penalty of Perjury shelter, or need to move into a new unprecedented resources to address the for the Centers for Disease Control and residence shared by other people who pandemic, including housing assistance. Prevention’s Temporary Halt in live in close quarters because I have no The Department of Housing and Evictions to Prevent Further Spread of other available housing options.39 Urban Development (HUD) has COVID–19 • informed CDC that all HUD grantees— I understand that I must still pay This declaration is for tenants, rent or make a housing payment, and states, cities, communities, and lessees, or residents of residential nonprofits—who received Emergency comply with other obligations that I properties who are covered by the CDC’s may have under my tenancy, lease Solutions Grants (ESG) or Community order temporarily halting residential agreement, or similar contract. I further Development Block Grant (CDBG) funds evictions (not including foreclosures on understand that fees, penalties, or under the CARES Act may use these home mortgages) to prevent the further funds to provide temporary rental spread of COVID–19. Under the CDC’s interest for not paying rent or making a assistance, homelessness prevention, or order you must provide a copy of this housing payment on time as required by other aid to individuals who are declaration to your landlord, owner of my tenancy, lease agreement, or similar experiencing financial hardship because the residential property where you live, contract may still be charged or of the pandemic and are at risk of being or other person who has a right to have collected. evicted, consistent with applicable laws, you evicted or removed from where you • I further understand that at the end regulations, and guidance. live. Each adult listed on the lease, of this temporary halt on evictions on HUD has further informed CDC that: rental agreement, or housing contract December 31, 2020, my housing HUD’s grantees and partners play a critical should complete this declaration. provider may require payment in full for role in prioritizing efforts to support this Unless the CDC order is extended, all payments not made prior to and goal. As grantees decide how to deploy changed, or ended, the order prevents CDBG–CV and ESG–CV funds provided by during the temporary halt and failure to the CARES Act, all communities should you from being evicted or removed from pay may make me subject to eviction assess what resources have already been where you are living through December pursuant to State and local laws. allocated to prevent evictions and 31, 2020. You are still required to pay homelessness through temporary rental rent and follow all the other terms of I understand that any false or misleading assistance and homelessness prevention, your lease and rules of the place where statements or omissions may result in particularly to the most vulnerable you live. You may also still be evicted criminal and civil actions for fines, penalties, households. for reasons other than not paying rent or damages, or imprisonment. HUD stands at the ready to support making a housing payment. This lllll American communities take these steps to Signature of Declarant Date reduce the spread of COVID–19 and maintain declaration is sworn testimony, meaning lllll economic prosperity. Where gaps are that you can be prosecuted, go to jail, or identified, grantees should coordinate across pay a fine if you lie, mislead, or omit Authority available Federal, non-Federal, and important information. philanthropic funds to ensure these critical I certify under penalty of perjury, The authority for this Order is Section needs are sufficiently addressed, and utilize pursuant to 28 U.S.C. 1746, that the 361 of the Public Health Service Act (42 HUD’s technical assistance to design and foregoing are true and correct: U.S.C. 264) and 42 CFR 70.2. implement programs to support a • I have used best efforts to obtain all coordinated response to eviction prevention Dated: , 2020. needs. For program support, including available government assistance for rent 37 technical assistance, please visit or housing; Nina B. Witkofsky, www.hudexchange.info/program-support. • I either expect to earn no more than Acting Chief of Staff, Centers for Disease For further information on HUD resources, $99,000 in annual income for Calendar Control and Prevention. tools, and guidance available to respond to Year 2020 (or no more than $198,000 if [FR Doc. 2020–19654 Filed 9–1–20; 4:15 pm] the COVID–19 pandemic, State and local filing a joint tax return), was not BILLING CODE 4163–18–P officials are directed to visit https:// required to report any income in 2019 www.hud.gov/coronavirus. These tools to the U.S. Internal Revenue Service, or include toolkits for Public Housing Authorities and Housing Choice Voucher received an Economic Impact Payment landlords related to housing stability and (stimulus check) pursuant to Section eviction prevention, as well as similar 2201 of the CARES Act; • guidance for owners and renters in HUD- I am unable to pay my full rent or 38 An ‘‘extraordinary’’ medical expense is any assisted multifamily properties. make a full housing payment due to unreimbursed medical expense likely to exceed Similarly, the Department of the substantial loss of household income, 7.5% of one’s adjusted gross income for the year. 39 Treasury has informed CDC that the loss of compensable hours of work or ‘‘Available housing’’ means any available, unoccupied residential property, or other space for funds allocated through the Coronavirus 37 ‘‘Available government assistance’’ means any occupancy in any seasonal or temporary housing, Relief Fund may be used to fund rental governmental rental or housing payment benefits that would not violate Federal, State, or local assistance programs to prevent eviction. available to the individual or any household occupancy standards and that would not result in Visit https://home.treasury.gov/policy- member. an overall increase of housing cost to you.

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