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Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices
Statement of Intent This Order shall be interpreted and implemented in a manner as to achieve the following objectives:
Mitigating the spread of COVID19
within congregate or shared living settings, or through unsheltered homelessness;
Mitigating the further spread of COVID19 from one state or territory into any other state or territory; and Supporting response efforts to COVID19 at the Federal, state, local, territorial, and tribal levels.

identified in the United States, with new cases reported daily, and over 400,000 deaths due to the disease. On January 8, 2021, over 300,000 COVID
19 cases in the U.S. were reported to CDC, representing a peak approximately 7 times the highest daily cases in April, 2020 and approximately 4 times the highest daily cases in July, 2020.
The virus that causes COVID19
spreads very easily and sustainably between people who are in close contact with one another within about 6 feet, mainly through respiratory droplets produced when an infected person coughs, sneezes, or talks. Some people without symptoms may be able to spread the virus. Among adults, the risk for severe illness from COVID19
increases with age, with older adults at highest risk. Severe illness means that persons with COVID19 may require hospitalization, intensive care, or a ventilator to help them breathe, and may be fatal. People of any age with certain underlying medical conditions, such as cancer, an immunocompromised state, obesity, serious heart conditions, and diabetes, are at increased risk for severe illness from COVID19.5
COVID19 presents a historic threat to public health, and COVID19 cases have been detected in every county in the continental United States.6 Through December 2020 and January 2021, the number of deaths per day from COVID
19 consistently exceeded any other cause.7 Additionally, in recent months, new variants of SARS-CoV2 have emerged globally, some of which have been associated with increased transmissibility.8 To respond to this public health threat, the Federal, state, and local governments have taken unprecedented or exceedingly rare actions, including border closures, restrictions on travel, stay-at-home orders, mask requirements, and eviction moratoria. Despite these significant efforts, COVID19 continues to spread and further action is needed.
In the context of a pandemic, eviction moratorialike quarantine, isolation, and social distancingcan be an effective public health measure utilized
Background There is currently a pandemic of a respiratory disease COVID19
caused by a novel coronavirus SARS
COV2 that has now spread globally, including cases reported in all fifty states within the United States plus the District of Columbia and U.S. territories.
As of January 21, 2021, there have been over 96 million cases of COVID19
globally, resulting in over 2,000,000
deaths. Over 24,400,000 cases have been
5 CDC, People with Certain Medical Conditions, https www.cdc.gov/coronavirus/2019-ncov/needextra-precautions/people-with-medicalconditions.html accessed August 26, 2020.
6 USAFacts. https usafacts.org/visualizations/
coronavirus-covid-19-spread-map/.
7 Woolf SH, Chapman DA, Lee JH. COVID19 as the Leading Cause of Death in the United States.
JAMA. 2021;3252:123124. doi:10.1001/
jama.2020.24865
8 Emerging SARS-CoV2 Variants. https
www.cdc.gov/coronavirus/2019-ncov/more/scienceand-research/scientific-brief-emergingvariants.html.

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as close to the full payment as the individuals circumstances may permit, taking into account other nondiscretionary expenses; and 5 eviction would likely render the individual homelessor force the individual to move into and live in close quarters in a new congregate or shared living settingbecause the individual has no other available housing options.
Evict and Eviction means any action by a landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action, to remove or cause the removal of a covered person from a residential property. It also does not include foreclosure on a home mortgage.
Residential property means any property leased for residential purposes, including any house, building, mobile home or land in a mobile home park, or similar dwelling leased for residential purposes, but shall not include any hotel, motel, or other guest house rented to a temporary guest or seasonal tenant as defined under the laws of the state, territorial, tribal, or local jurisdiction.
State shall have the same definition as under 42 CFR 70.1, meaning any of the 50 states, plus the District of Columbia.
U.S. territory shall have the same definition as under 42 CFR 70.1, meaning any territory also known as possessions of the United States, including American Samoa, Guam, the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands.

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to prevent the spread of communicable disease. Eviction moratoria facilitate self-isolation by people who become ill or who are at risk for severe illness from COVID19 due to an underlying medical condition. They also allow state and local authorities to more easily implement stay-at-home and social distancing directives to mitigate the community spread of COVID19.
Furthermore, housing stability helps protect public health because homelessness increases the likelihood of individuals moving into close quarters in congregate settings, such as homeless shelters, which then puts individuals at higher risk to COVID19.
On September 4, 2020, the CDC
Director issued an Order temporarily halting evictions in the United States for the reasons described therein. That Order was set to expire on December 31, 2020, subject to further extension, modification, or rescission. Section 502
of Title V, Division N of the Consolidated Appropriations Act, 2021
extended the Order until January 31, 2021. This Order further extends and modifies the prior Orders until March 31, 2021 for the reasons described herein. Much of the content of the September 4, 2020 Order has been incorporated into this Order. To the extent any provision of this Order conflicts with prior Orders, this Order is controlling.
In addition to extending the effective period of the September 4, 2020 Order, as further extended by the Consolidated Appropriations Act, 2021, this Order includes newly available modeling projections and observational data from COVID19 incidence comparisons across states that have implemented and lifted eviction moratoria, which clearly demonstrate the need for this Order.
The Order now also applies to American Samoa because cases of COVID19 have now been reported there.
Applicability This Order does not apply in any state, local, territorial, or tribal area with a moratorium on residential evictions that provides the same or greater level of public-health protection than the requirements listed in this Order. In accordance with 42 U.S.C. 264e, 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 COVID19. This Order does not relieve any individual of any obligation to pay rent, make a housing
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