55292 Federal Register / Vol. 85, No. 173 / Friday, September 4, 2020 / Notices 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 December 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 may 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 August 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 December 31, 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 August 26, 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. VerDate Sep<11>2014 16:42 Sep 03, 2020 Jkt 250001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\04SEN1.SGM 04SEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 173 / Friday, September 4, 2020 / Notices 55293 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.