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Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices
The collected information is used by the Small Business Administration, Congress, Federal agencies and the general public for various reasons such as determining if agencies are meeting statutory goals, set-aside determinations, and market research.
C. Annual Burden Respondents: 2647.
Total Annual Responses: 4029.
Total Burden Hours: 2014.5.
Obtaining Copies: Requesters may obtain a copy of the information collection documents from the GSA
Regulatory Secretariat Division by calling 2025014755 or emailing GSARegSec@gsa.gov. Please cite OMB
Control No. 90000163, Small Business Size Rerepresentation.
William F. Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy.
FR Doc. 202102239 Filed 2221; 8:45 am BILLING CODE 6820EPP

DEPARTMENT OF HEALTH AND
HUMAN SERVICES

Centers for Disease Control and Prevention Department of Health and Human Services
Centers for Disease Control and Prevention
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 COVID19

Temporary Halt in Residential Evictions to Prevent the Further Spread of Covid19

Centers for Disease Control and Prevention CDC, Department of Health and Human Services HHS.
ACTION: Agency Order.

Summary
AGENCY:

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 COVID19.
DATES: This Order is effective January 31, 2021 through March 31, 2021.
FOR FURTHER INFORMATION CONTACT:
Tiffany Brown, Acting Deputy Chief of Staff, Centers for Disease Control and Prevention, 1600 Clifton Road, NE, MS
H2110, Atlanta, GA 30329. Phone:
4046397000. Email: cdcregulations@
cdc.gov.
SUMMARY:

SUPPLEMENTARY INFORMATION:
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extends the Order with modifications through March 31, 2021. The conditions that originally necessitated the original Order continue to exist and, in many jurisdictions, have significantly worsened. With the convergence of COVID19, seasonal influenza, household crowding and transmission, and the increased risk of individuals sheltering in close quarters in congregate settings such as homeless shelters, which may be unable to provide adequate social distancing as populations increase, extending the temporary halt on evictions, subject to further extension, modification, or rescission, is appropriate. Additionally, the Order now applies to American Samoa. At the time of publication of the September 4, 2020 Order, no cases had been reported in American Samoa.
Cases have now been reported there.
A copy of the Order is provided below. A copy of the signed Order and the Declaration can be found at: https
www.cdc.gov/coronavirus/2019-ncov/
covid-eviction-declaration.html
Background This Order extends the original temporary eviction moratorium Order published on September 4, 2020 and extended by the Consolidated Appropriations Act, 2021 and further
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Subject to the limitations under Applicability, a landlord, owner of a residential property, or other person 1
with a legal right to pursue eviction or possessory action, shall not evict any covered person from any residential property in any jurisdiction to which this Order applies during the effective period of the Order.
Definitions Available government assistance means any governmental rental or housing payment benefits available to the individual or any household member.
Available housing means any available, unoccupied residential property, or other space for occupancy in any seasonal or temporary housing, that would not violate Federal, state, or local occupancy standards and that would not result in an overall increase of housing cost to such individual.
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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Covered person 2 means any tenant, lessee, or resident of a residential property who provides to their landlord, the owner of the residential property, or other person with a legal right to pursue eviction or a possessory action, a declaration under penalty of perjury indicating that: 1 The individual has used best efforts to obtain all available government assistance for rent or housing;
2 The individual either i expects to earn no more than $99,000 in annual income for Calendar Year 2021 or no more than $198,000 if filing a joint tax return,3 ii was not required to report any income in 2020 to the U.S. Internal Revenue Service, or iii received an Economic Impact Payment stimulus check pursuant to Section 2201 of the CARES Act;
3 the individual is unable to pay the full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, a lay-off, or extraordinary 4 out-of-pocket medical expenses;
4 the individual is using best efforts to make timely partial payments that are 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, Social Science Research 62 2017, 366377, http dx.doi.org/
10.1016/j.ssresearch.2016.08.017, identifying job loss as a possible predictor of eviction because renters who lose their jobs experience not only a sudden loss of income but also the loss of predictable future income. According to one survey, over one quarter 26% of respondents also identified job loss as the primary cause of homelessness. See 2019 San Francisco Homeless Point-in-Time Count & Survey, page 22, available at: https hsh.sfgov.org/wp-content/uploads/2020/
01/2019HIRDReport_SanFrancisco_FinalDraft1.pdf.
3 According to one study, the national twobedroom housing wage in 2020 was $23.96 per hour approximately, $49,837 annually, meaning that an hourly wage of $23.96 was needed to afford a modest two bedroom house without spending more than 30% of ones income on rent. The hourly wage needed in Hawaii the highest cost U.S. State for rent was $38.76 approximately $80,621 annually.
See National Low-Income Housing Coalition, Out of Reach: The High Cost of Housing 2020, available at:
https reports.nlihc.org/oor. As further explained herein, because this Order is intended to serve the critical public health goal of preventing evicted individuals from potentially contributing to the interstate spread of COVID19 through movement into close quarters in new congregate, shared housing settings, or though homelessness, the higher income thresholds listed here have been determined to better serve this goal.
4 An extraordinary medical expense is any unreimbursed medical expense likely to exceed 7.5% of ones adjusted gross income for the year.

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