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Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices
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; 9 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.
This 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.10
Eviction and Risk of COVID19
Transmission
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Evicted renters must move, which leads to multiple outcomes that increase the risk of COVID19 spread.
Specifically, many evicted renters move into close quarters in shared housing or other congregate settings. 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.11 Studies show that COVID19 transmission occurs readily within households; household contacts are estimated to be 6 times more likely to become infected by an index case of COVID19 than other close contacts.12
9 Individuals who might have COVID19 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, available at https www.cdc.gov/coronavirus/2019-ncov/ifyou-are-sick/steps-when-sick.html.
10 https www.who.int/americansamoa.
11 United States Census Bureau. American Housing Survey, 2017. https www.census.gov/
programs-surveys/ahs.html.
12 Bi Q, Wu Y, Mei S, et al. Epidemiology and transmission of COVID19 in 391 cases and 1286
of their close contacts in Shenzhen, China: a retrospective cohort study. Lancet Infect Dis 2020, https doi.org/10.1016/S1473-30992030287-5.

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Preliminary modeling projections and observational data from COVID19
incidence comparisons across states that implemented and lifted eviction moratoria indicate that evictions substantially contribute to COVID19
transmission. In mathematical models where eviction led exclusively to sharing housing with friends or family, lifting eviction moratoria led to a 40%
increased risk of contracting COVID19
among people who were evicted and those with whom they shared housing after eviction pre-peer review.13
Compared to a scenario where no evictions occurred, the models also predicted a 550% 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.14 An analysis of observational data from state-based eviction moratoria in 43 states and the District of Columbia showed significant increases in COVID19 incidence and mortality approximately 23 months after eviction moratoria were lifted prepeer review.15 Specifically, the authors compared the COVID19 incidence and mortality rates in states that lifted their moratoria with the rates in states that maintained their moratoria. In these models, the authors controlled for timevarying indicators of each states test count as well as major public-health interventions including lifting stay-athome orders, school closures, and mask mandates. After adjusting for these other changes, they found that the incidence of COVID19 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 postlifting CI 1.2, 2.3, a ratio that grew to 5.4 at 16 weeks CI 3.1, 9.3. Although there may be additional factors that the 13 Sheen J, Nande A, Walters EL, Adlam B, Gheorghe A, Shinnick J, Tejeda MF, Greenlee A, Schneider D, Hill AL, Levy MZ. The effect of eviction moratoriums on the transmission of SARSCoV2. medRxiv Preprint. 2020 Nov 1:2020.10.27.20220897. doi: 10.1101/
2020.10.27.20220897. PMID: 33140067; PMCID:
PMC7605580.
14 Id.
15 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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authors were unable to adjust for, the authors estimated that, nationally, over 433,000 cases of COVID19 and over 10,000 deaths could be attributed to lifting state moratoria.16
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, cognitive decline, or no access to technology, and thus may find it more difficult to take actions to protect themselves from COVID19. 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.17
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.
Congress passed the Coronavirus Aid, Relief, and Economic Security CARES
Act Pub. L. 116136 to aid individuals and businesses adversely affected by COVID19. 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 COVID19
pandemic. The CARES Act eviction moratorium expired on July 24, 2020.18
The protections in the CARES Act supplemented temporary eviction moratoria and rent freezes implemented by governors and local officials using emergency powers.
Researchers estimated that this temporary Federal moratorium provided relief to a material portion of the nations roughly 43 million renters.19
16 Id.
17 See CDC COVID19 Guidance for Shared or Congregate Housing, available at: https
www.cdc.gov/coronavirus/2019-ncov/community/
shared-congregate-house/guidance-sharedcongregate-housing.html.
18 Because evictions generally require 30-days notice, the effects of housing displacement due to the expiration of the CARES act are not expected to manifest until August 27, 2020.
19 See Congressional Research Service, CARES
Act Eviction Moratorium, April 7, 2020 available at: https crsreports.congress.gov/product/pdf/IN/
IN11320.

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