BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition of League of United Latin American)
Citizens, Zoraida Santana, and Jesse Moody )
to Initiate Emergency Rulemaking to
)
Prevent Electric Utility Shutoffs
)
________________________________________ )

DOCKET NO. _______________

PETITION OF LEAGUE OF UNITED LATIN AMERICAN CITIZENS,
ZORAIDA SANTANA, AND JESSE MOODY TO INITIATE
EMERGENCY RULEMAKING TO PREVENT ELECTRIC UTILITY SHUTOFFS
Petitioners League of United Latin American Citizens of Florida, also known as LULAC
Florida Educational Fund, Inc. (“LULAC”), Zoraida Santana, and Jesse Moody, pursuant to
section 120.54(7), Florida Statutes, hereby submit this Petition requesting that the Florida Public
Service Commission (“PSC”) initiate emergency rulemaking to amend Rules 25-6.105, F.A.C. to
fulfill the PSC’s statutory obligation to protect the public welfare by ordering that electric utility
shutoffs be halted for at least 90 days due to the COVID-19 crisis.
Summary
Over 3,500,000 people in Florida have filed for unemployment since the onset of the
COVID-19 crisis. As the United States approaches 200,000 deaths, the ravages of the virus have
not spared the state of Florida. Over 670,000 people in Florida have been stricken with COVID19, with over 13,000 having succumbed to the virus. With a seven-day running average of about
3,000 new cases per day, the crisis is far from over. In the midst of this economic and public
health calamity, Duke Energy Florida, Tampa Electric Company, and Florida Power & Light Co.
have resumed cutting-off Floridian’s electricity due to non-payment. Based on the latest data
provided by the utilities, these companies may shut-off the electricity to over 1 million people in
the state. Electricity is a necessity in Florida, not a luxury, given the extreme weather conditions
we face in this state. This is why cutting off electricity has long been recognized as a
1

 constructive eviction under Florida law. Given the necessity of keeping people socially
distanced and housed, and recognizing the public health emergency, the Centers for Disease
Control and Prevention and Governor Ron DeSantis have prohibited evictions due to the current
crisis when renters and others are unable to make their payments and have nowhere else to go.
Petitioners simply ask this Commission to give effect to these prohibitions by extending it to
electricity cut offs for the duration of the crisis by using its explicit authority to protect the public
welfare.
Petitioners and Jurisdiction
LULAC Florida is part of the largest and oldest Hispanic civil rights organization in the
United States. The mission of LULAC, as stated on their website, is to “advance the economic
condition, educational attainment, political influence, housing, health and civil rights of the
Hispanic population of the United States.” To meet these goals, LULAC has an elevated interest
in protecting the economic, housing, and health interests of its members. The cost of meeting a
household’s electricity needs – its energy burden – is disproportionately high in Hispanic
communities. COVID-19 has also imposed disproportionately negative impacts, both in terms of
health and economic losses, in Hispanic communities. Reducing these impacts will protect
LULAC’s members. As noted below with the individual members that are part of this petition
(Ms. Santana is a member of LULAC), LULAC’s members are facing disconnection in Florida
due to their inability to pay their electric bills because of the COVID-19 crisis.
Virtually all of LULAC’s Florida members reside, and are ratepayers, in the service
territories of Florida Power & Light Company (“FPL”), Duke Energy Florida, LLC (“Duke”),
and Tampa Electric Company (“TECO”). LULAC was recently granted intervention in a
proceeding at the Florida Public Service Commission regarding FPL, Duke, and TECO, and their

2

 energy efficiency and demand-side renewable energy goals. In re: Commission review of
numeric conservation goals, Docket Nos. 20190015-EG; 20190018-EG; 20190021-EG, Order
No. PSC-2019-0293-PCO-EG (Fla. P.S.C. July 25, 2019).
Petitioners Zoraida Santana and Jesse Moody live together in a rental house where Ms.
Santana cares for her four children. They are Duke Energy Florida customers, and are over
$2,000 behind on their electric bill. Although they have sought utility payment assistance from
several aid agencies and have made their best efforts to get aid, they have been informed by each
organization that there is no money left to help them catch up on their utility bill. Ms. Santana, a
member of LULAC, lost her source of income shortly after the pandemic started, and only
recently restarted her job. Ms. Santana spent the last several months at home, caring for her
children, and heeding the medical advice of her family’s physician. Specifically, Ms. Santana’s
doctor urged her not to risk exposure to the coronavirus by going to work as her 3 year old
daughter has a congenital heart defect, elevating her risk of serious complications or even death
from COVID-19. As the CDC has reiterated, “[p]eople of any age with certain underlying
medical conditions, such as . . . serious heart conditions . . . are at increased risk for severe illness
from COVID-19.” 85 Fed. Reg. at 55293-94. Financial necessity has forced her to return to
work despite warnings from her doctor that doing so may endanger her child. Even though Ms.
Santana is employed now, she and her partner, Mr. Jesse Moody, are over $2,000 behind on their
electric utility bill to Duke Energy as a result of lost income during the COVID crisis. After
seeking help from Duke, the utility told them that the best it could do was put them on a bill
repayment plan. With no other choice, they agreed to the plan, but because it still requires
hundreds of dollars of repayment on top of their monthly bill, they cannot afford the payments
and are at risk of imminent disconnection now that Duke has resumed disconnecting customers

3

 for non-payment. Like many low-income Floridians, they are renters, whose home suffers from
a lack of insulation and thus have high-energy bills. Effective energy efficiency programs would
help seal their doors and windows, preventing high-energy losses and lowering their electric
bills. If their electricity is disconnected, they will have no choice but to move into Ms. Santana’s
parents’ house, where the only space for them to sleep, including her four children, will be on the
floor in very crowded conditions.
For purposes of this proceeding, petitioners’ contact information is that of undersigned
counsel as provided herein. This Petition is being filed consistent with Section 120.54(7),
Florida Statutes, and Rule 28-106.201, F.A.C. The agency affected is the Florida Public Service
Commission, located at 2540 Shumard Oak Blvd., Tallahassee, FL 32399. This case does not
involve reversal or modification of an agency decision or an agency’s proposed action. It is not
known which, if any, of the issues of material fact set forth in the body of this Petition may be
disputed. The PSC has jurisdiction over this Petition pursuant to Section 366.05, Florida
Statutes, 366.03, Florida Statutes, and 366.04, Florida Statutes.
Background & Requested Emergency Rule Change
The Centers for Disease Control and Prevention (“CDC”) has entered a moratorium on
evictions for people meeting certain conditions due to the ongoing public health emergency. 85
Fed. Reg. 55292 (Sept. 4, 2020). Through a series of executive orders, Governor Ron DeSantis
has also issued a moratorium on evictions. See Executive Order No. 20-180 (July 29, 2020),
extended by Executive Order No. 20-211 (August 31, 2020) until October 1, 2020. As further
elaborated below, the CDC explains the myriad of reasons necessitating a moratorium on
evictions.

4

 Florida law has long recognized that in order for a home to be habitable, electricity
service needs to be provided. Specifically, even if a renter is behind on their rent, a landlord
“shall not cause, directly or indirectly, the termination or interruption of . . . electricity, . . .,
whether or not the utility service is under the control of, or payment is made by, the landlord.”
§ 83.67(1), Fla. Stat. The Legislature has already found that “[a] violation of this section
constitutes irreparable harm.” § 83.67(6), Fla. Stat. The reason for this statutory directive is that
the Legislature wanted landlords to go through the proper eviction process, and wanted to
“penalize self-help eviction practices” like disconnecting electricity. Badaraco v. Sucoast
Towers V Associates, 676 So. 2d 502, 503 (Fla. 3d DCA 1996). Given the extreme heat that
Florida faces, it is no wonder that the Legislature found that cutting off electricity essentially
amounts to an eviction. People without electricity in their homes will have no ability to stay
cool, power medical devices, communicate with others, or stay warm during the winter.
Electricity is an essential good; without it, people cannot stay in their homes and must seek
shelter elsewhere.
The CDC has recognized the dangers of allowing evictions to continue during a global
pandemic, and has accordingly prohibited them. It is worth repeating some of the key points
from the CDC summary of the reasons to enact its moratorium:
In the context of a pandemic, eviction moratoria – like quarantine, isolation, and
social distancing – can be an effective public health measure utilized 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 COVID-19 due to
an underlying medical condition. . . . Furthermore, housing stability helps protect
public health because homelessness increases the likelihood of individuals moving
into congregate settings, such as homeless shelters, which then puts individuals at
higher risk to COVID-19. The ability of these settings to adhere to best practices,
such as social distancing and other infection control measures, decreases as
populations increase. Unsheltered homelessness also increases the risk that
individuals will experience severe illness from COVID-19.

5

 85 Fed. Reg. 55292 (Sept. 4, 2020). The CDC goes on to order the halt of evictions to
those that would not necessarily be homeless because they could move in with friends or
family because doing so “would introduce new household members and potentially
increase household crowding. Studies show that COVID-19 transmission occurs readily
within households; household contacts are estimated to be 6 times more likely to become
infected by an index case of COVID-19 than other close contacts.” 85 Fed. Reg. at
55294.
According to the latest available public information, Duke Energy Florida has
approximately 150,000 residential customers behind on their bills.1 This equates to about
370,000 people.2 FPL has 258,465 residential customers behind on their bills.3 This
equates to about 585,000 people.4 Gulf has 63,484 residential customers behind on their
bills.5 This equates to about 154,000 people.6 Tampa Electric Company has about
92,000 accounts behind on their bills, at least two-thirds of which are residential accounts

1
2

http://www.psc.state.fl.us/Files/PDF/Utilities/CovidWorkshop/DEF.pdf (as of June 2020).

http://www.psc.state.fl.us/Files/PDF/Utilities/Electricgas/TenYearSitePlans/2020/Duke%20Ener
gy%20Florida.pdf (schedule 2.1.1 provides the average number of members per household
(2.479 projected for 2020)).
3
http://www.psc.state.fl.us/Files/PDF/Utilities/CovidWorkshop/FPL.pdf (page 9, as of June
2020).
4

http://www.psc.state.fl.us/Files/PDF/Utilities/Electricgas/TenYearSitePlans/2020/Florida%20Po
wer%20and%20Light%20and%20Gulf%20Power%20Company.pdf (schedule 2.1 provides the
average number of members per household (2.26 projected for 2020)).
5
http://www.psc.state.fl.us/Files/PDF/Utilities/CovidWorkshop/FPL.pdf (page 11, as of June,
2020).
6

http://www.psc.state.fl.us/Files/PDF/Utilities/Electricgas/TenYearSitePlans/2020/Florida%20Po
wer%20and%20Light%20and%20Gulf%20Power%20Company.pdf (schedule 2.1 provides the
average number of members per household (2.42 projected for 2020)).
6

 (so about 60,000 residential customers behind on their bills).7 This equates to
approximately 156,000 people.8 In total, this leaves over 1.25 million people now facing
electric disconnection by the major investor-owned utilities that are resuming
disconnections.9
The statutory obligations of investor-owned utilities and the PSC’s role in
regulating them is governed, in part, by chapter 366, Florida Statutes. The very first
section of that chapter declares that “[t]he regulation of public utilities as defined herein
is declared to be in the public interest and this chapter shall be deemed to be an exercise
of the police power of the state for the protection of the public welfare and all the
provisions hereof shall be liberally construed for the accomplishment of that purpose.”
§ 366.01, Fla. Stat. (emphasis added). The enactment of emergency rules is appropriate
if there is “an immediate danger to the public health, safety, or welfare,” in response to
which “the agency may adopt any rule necessitated by the immediate danger.”
§ 120.54(4)(a), Fla. Stat. Use of this procedure allows rules to go into immediate effect,
although such rules may not be effective for a period of longer than 90 days.
§ 120.54(4)(c), Fla. Stat. As noted above, the CDC has already found that the halt of
evictions is required to protect the public welfare—the same public welfare that the PSC
is charged with protecting.

7

http://www.psc.state.fl.us/Files/PDF/Utilities/CovidWorkshop/TECO.pdf (page 2 shows
number of accounts past due, page 3 graphically shows residential versus non-residential
accounts past due).
8

http://www.psc.state.fl.us/Files/PDF/Utilities/Electricgas/TenYearSitePlans/2020/Tampa%20Ele
ctric%20Company.pdf (schedule 2.1 provides the average number of members per household
(2.6 projected for 2020)).
9
It is not clear whether Gulf Power has immediate plans to resume disconnections or not.
7

 The PSC already regulates when, how, and why utilities may cut off electric
service for residential customers. See 25-6.105, F.A.C. The PSC has not only ample
authority, but even a duty, “to require . . . extensions to the plant and equipment of any
public utility when reasonably necessary to promote the convenience and welfare of the
public and secure adequate service or facilities for those reasonably entitled thereto.”
§ 366.05(1)(a), Fla. Stat. (emphasis added). Additionally, “the Commission shall have
jurisdiction to regulate and supervise each public utility with respect to its . . . service.”
§ 366.04(1), Fla. Stat. Furthermore, the PSC is charged with overseeing the investorowned utilities, ensuring that each “shall furnish to each person applying therefor
reasonably sufficient, adequate, and efficient service upon terms as required by the
commission.” § 366.03, Fla. Stat. (emphasis added). In sum, the PSC has broad statutory
authority to require the investor-owned utilities to suspend disconnections in line with the
CDC requirements and eviction moratoriums.
The proposed rule change to accomplish the relief requested is attached as Attachment A.
This request almost exactly mirrors the CDC certification required to avoid eviction. 85 Fed.
Reg. at 55297 (Attachment B, with example CDC certification form included as Attachment C).
It should be noted, as made clear in the proposed emergency rule attached, and the CDC
requirements, that people who have the funds to pay their electric bill will not be relieved of their
burden to do so and could still face disconnection. Furthermore, although Petitioners believe
debt forgiveness coupled with energy efficiency, as noted below, would be good practice for the
utilities and the Commission to pursue to address the crisis, nothing like that is contemplated in
the proposed emergency rule.

8

 Many other states have enacted complete moratoriums on utility and electricity
shut-offs. According to the National Association of Regulatory Utility Commissions, 23
states currently have mandatory moratoriums on electricity disconnections, including
such states as Texas, Arkansas, Wyoming, California, New York, and Kentucky.10 The
states’ respective public service commissions have ordered most of these moratoriums.
Florida is the largest state in the nation without a mandatory moratorium on
disconnections. Even without mandated moratoriums, many large utilities nationwide
have announced that they will voluntarily refrain from disconnections until 2021.11
The PSC has already addressed some of the costs associated with COVID-19. In
July, the PSC decided to grant Gulf’s petition for approval of a regulatory asset to record
costs incurred due to COVID-19. In re: Petition for approval of a regulatory asset to
record costs incurred due to COVID-19, by Gulf Power Company, Docket No.
20200151-EI, Order No. PSC-2020-0262-PCO-EI (Fla. P.S.C. July 27, 2020).
Essentially, Gulf, and, presumably, all of the other electric utilities, will be able to
maintain their same profit margin and be made whole by treating their bad debt and extra
COVID-19 costs as a regulatory asset. We note this to show that the PSC has looked to
make the electric utilities whole despite the current crisis. Petitioners are not requesting
that residential customers be made whole or that their debt even be forgiven in this

10

https://www.naruc.org/compilation-of-covid-19-news-resources/map-of-disconnectionmoratoria/ (information updated Sept. 14, 2020).
11
For example, Arizona Public Service.
https://www.eenews.net/energywire/2020/09/17/stories/1063713911?utm_medium=email&utm_
source=eenews%3Aenergywire&utm_campaign=edition%2BiZ%2B%2FftFV%2B2LxUfHtN5b
xJQ%3D%3D
9

 petition – petitioners are merely requesting that their electricity not be cut off in line with
CDC guidance that people should not be evicted right now if they cannot pay their bills.
Although not requested in this petition (which the PSC should immediately grant),
long-term debt relief will need to be considered after the crisis is over. Many, like
Petitioners Ms. Santana and Mr. Moody, are thousands of dollars behind on their electric
bill because of the COVID-19 crisis. Even when the crisis is over, it will be difficult, if
not impossible, for them to fully catch-up on their utility bills. The PSC and utilities
should consider targeted energy efficiency programs to customers like Petitioners to help
them reduce their energy burden and high electric bills due to outdated housing and highenergy losses. The energy burden in Florida is quite high compared to national
benchmarks.12 These targeted energy efficiency programs should be coupled with debtrelief, to make electric bills affordable for Petitioners. Only with this kind of long-term
planning will both the utilities and their customers be able to recover from the COVID-19
crisis.
Conclusion
Florida’s citizens face an unprecedented simultaneous economic and public health
crisis. On top of the existing crises, the investor-owned utilities in Florida have all begun
disconnections or are about to. Over 1 million people could have their electricity cut off.
Florida law has long recognized that if electricity is cut off to a person, given the need for
electricity, they have suffered irreparable harm and have been constructively evicted.
The CDC has found that evictions will only exacerbate the current crisis, and using its

12

https://www.aceee.org/sites/default/files/pdfs/u2006.pdf;
https://www.aceee.org/sites/default/files/pdf/fact-sheet/ses-florida-100917.pdf.
10

 public health powers, has issued a moratorium on such evictions for those that cannot pay
their bills. Florida should not allow an end-run around this moratorium by allowing
electricity cut offs during the present emergency. We still face several possible months
of stifling heat and hurricanes, along with high levels of coronavirus transmission and
deaths. We should be doing everything we can to mitigate these crises.
Respectfully submitted this 22nd day of September, 2020.
/s/ Bradley Marshall
Bradley Marshall
Florida Bar No. 0098008
bmarshall@earthjustice.org
Jordan Luebkemann
Florida Bar No. 1015603
jluebkemann@earthjustice.org
Earthjustice
111 S. Martin Luther King Jr. Blvd.
Tallahassee, Florida 32301
(850) 681-0031
(850) 681-0020 (facsimile)
Counsel for Petitioners Florida League of
United Latin American Citizens, Zoraida
Santana, and Jesse Moody

11

 Attachment A

12

25-6.105 Refusal or Discontinuance of Service by Utility.
(1) Until adequate facilities can be provided, each utility may refuse to serve an applicant if, in the best judgment
of the utility, it does not have adequate facilities to render the service applied for.
(2) Each utility may refuse to serve any person whose service requirements or equipment is of a character that is
likely to affect unfavorably service to other customers.
(3) Each utility may refuse to render any service other than that character of service which is normally furnished,
unless such service is readily available.
(4) Each utility shall not be required to furnish service under conditions requiring operation in parallel with
generating equipment connected to the customer’s system if, in the opinion of the utility, such operation is hazardous
or may interfere with its own operations or service to other customers or with service furnished by others. Each utility
may specify requirements as to connection and operation as a condition of rendering service under such circumstances.
(5) If the utility refuses service for any reason specified in this subsection, the utility shall notify the applicant for
service as soon as practicable, pursuant to subsection (7), of the reason for refusal of service. If the utility will
discontinue service, the utility shall notify the customer at least 5 working days prior to discontinuance, that service
will cease unless the deficiency is corrected in compliance with the utility’s regulations, resolved through mutual
agreement, or successfully disputed by the customer. The 5-day notice provision does not apply to paragraph (h), (i)
or (j). In all instances involving refusal or discontinuance of service the utility shall advise in its notice that persons
dissatisfied with the utility’s decision to refuse or discontinue service may register their complaint with the utility’s
customer relations personnel and to the Florida Public Service Commission at 1(800) 342-3552, which is a toll free
number. As applicable, each utility may refuse or discontinue service under the following conditions:
(a) For non-compliance with or violation of any state or municipal law or regulation governing electric service.
(b) For failure or refusal of the customer to correct any deficiencies or defects in his wiring or equipment which
are reported to him by the utility.
(c) For the use of energy for any other property or purpose than that described in the application.
(d) For failure or refusal to provide adequate space for the meter and service equipment of the utility.
(e) For failure or refusal to provide the utility with a deposit to insure payment of bills in accordance with the
utility’s regulation, provided that written notice, separate and apart from any bill for service, be given the customer.
(f) For neglect or refusal to provide safe and reasonable access to the utility for the purpose of reading meters or
inspection and maintenance of equipment owned by the utility, provided that written notice, separate and apart from
any bill for service, be given the customer.
(g) For non-payment of bills or non-compliance with the utility’s rules and regulations, and only after there has
been a diligent attempt to have the customer comply, including at least 5 working days’ written notice to the customer,
such notice being separate and apart from any bill for service, provided that those customers who so desire may
designate a third party in the company’s service area to receive a copy of such delinquent notice. For purposes of this
subsection, “working day” means any day on which the utility’s business office is open and the U.S. Mail is delivered.
A utility shall not, however, refuse or discontinue service for nonpayment of a dishonored check service charge
imposed by the utility.
(h) Without notice in the event of a condition known to the utility to be hazardous.
(i) Without notice in the event of tampering with meters or other facilities furnished and owned by the utility.
(j) Without notice in the event of unauthorized or fraudulent use of service. Whenever service is discontinued for
fraudulent use of service, the utility may, before restoring service, require the customer to make at his own expense
all changes in facilities or equipment necessary to eliminate illegal use and to pay an amount reasonably estimated as
the loss in revenue resulting from such fraudulent use.
(6) Service shall be restored when cause for discontinuance has been satisfactorily adjusted.
(7) In case of refusal to establish service, or whenever service is intentionally discontinued by the utility for other
than routine maintenance, the utility shall notify the applicant or customer in writing of the reason for such refusal or
discontinuance.
(8) The following shall not constitute sufficient cause for refusal or discontinuance of service to an applicant or
customer:

13

 (a) Delinquency in payment for service by a previous occupant of the premises unless the current applicant or
customer occupied the premises at the time the delinquency occurred and the previous customer continues to occupy
the premises and such previous customer shall benefit from such service.
(b) Failure to pay for merchandise purchased from the utility.
(c) Failure to pay for a service rendered by the utility which is non-regulated.
(d) Failure to pay for a different type of utility service, such as gas or water.
(e) Failure to pay for a different class of service.
(f) Failure to pay the bill of another customer as guarantor thereof.
(g) Failure to pay a dishonored check service charge imposed by the utility.
(h) Failure to pay when a customer or applicant certifies that 1) they have used their best efforts to obtain all
available government assistance for their utility bill; 2) that they expect to earn no more than $99,000 in annual income
for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), were not required to report any income
in 2019 to the U.S. Internal Revenue Service, or received an Economic Impact Payment (stimulus check) pursuant to
Section 2201 of the CARES Act; 3) that they are unable to pay their full electric bill due to substantial loss of household
imcome, loss of compensable hours of work or wages, lay-offs, or extraordinary out-of-pocket medical expenses; 4)
that they are using their best efforts to make timely partial payments that are as close to the full payment as the
individual’s circumstances may permit, taking into account other nondiscretionary expenses; 5) that their only
alternative to have access to electricity is to move into a homeless shelter or move into a new residence shared by
other people who live in close quarters; 6) that they undertand that they must still make utility payments and that fees,
penalties, or interest for not making payments may still be charged or collected, and 7) that they understand that at the
end of this temporary halt on utility disconnections 90 days after this emergency rule goes into effect, that their utility
may require payment in full for all payments not made prior to and during the temporary halt and that failure to pay
may make them subject to utility disconnection. Before refusing service to an applicant or discontinuing service to a
customer, a utility must document that they gave the applicant or customer an opportunity to make this certification
and that the applicant or customer was unable or refused to make such certification.
(9) When service has been discontinued for proper cause, each utility may charge a reasonable fee to defray the
cost of restoring service, provided such fee is included in its filed tariff.
(10) No utility shall discontinue service to any non-commercial customer between 12:00 noon on a Friday and
8:00 a.m. the following Monday or between 12:00 noon on the day preceding a holiday and 8:00 a.m. the next working
day. Provided, however, this prohibition shall not apply when:
(a) Discontinuance is requested by or agreed to by the customer; or
(b) A hazardous condition exists; or
(c) Meters or other utility owned facilities have been tampered with or
(d) Service is being obtained fraudulently or is being used for unlawful purposes.
Holiday as used in this subsection shall mean New Year’s Day, Memorial Day, July 4, Labor Day, Thanksgiving Day
and Christmas Day.
(11) Each utility shall submit, as a tariff item, a procedure for discontinuance of service when that service is
medically essential.
Rulemaking Authority 366.05 FS. Law Implemented 366.03, 366.04(2)(c), (5), 366.041(1), 366.05(1), 366.06(1) FS. History–New
2-25-76, Amended 2-3-77, 2-6-79, 4-13-80, 11-26-80, 1-1-91, 1-7-93.

14

 Attachment 

15

55292

Federal Register / Vol. 85, No. 173 / Friday, September 4, 2020 / Notices

DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Temporary Halt in Residential
Evictions To Prevent the Further
Spread of COVID–19
AGENCY:

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

jbell on DSKJLSW7X2PROD with NOTICES

The Centers for Disease
Control and Prevention (CDC), located
within the Department of Health and
Human Services (HHS) announces the
issuance of an Order under Section 361
of the Public Health Service Act to
temporarily halt residential evictions to
prevent the further spread of COVID–19.
DATES: This Order is effective
September 4, 2020 through December
31, 2020.
FOR FURTHER INFORMATION CONTACT:
Nina Witkofsky, Acting Chief of Staff,
Centers for Disease Control and
Prevention, 1600 Clifton Road NE, MS
H21–10, Atlanta, GA 30329; Telephone:
404–639–7000; Email: cdcregulations@
cdc.gov.
SUPPLEMENTARY INFORMATION:
Background
There is currently a pandemic of a
respiratory disease (‘‘COVID–19’’)
caused by a novel coronavirus (SARS–
COV–2) 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
(excepting American Samoa). As of
August 24, 2020, there were over
23,000,000 cases of COVID–19 globally
resulting in over 800,000 deaths; over
5,500,000 cases have been identified in
the United States, with new cases being
reported daily and over 174,000 deaths
due to the disease.
The virus that causes COVID–19
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 COVID–19
increases with age, with older adults at
highest risk. Severe illness means that
persons with COVID–19 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

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16:42 Sep 03, 2020

Jkt 250001

immunocompromised state, obesity,
serious heart conditions, and diabetes,
are at increased risk for severe illness
from COVID–19.1
COVID–19 presents a historic threat to
public health. According to one recent
study, the mortality associated with
COVID–19 during the early phase of the
outbreak in New York City was
comparable to the peak mortality
observed during the 1918 H1N1
influenza pandemic.2 During the 1918
H1N1 influenza pandemic, there were
approximately 50 million influenzarelated deaths worldwide, including
675,000 in the United States. 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
best efforts, COVID–19 continues to
spread and further action is needed.
In the context of a pandemic, eviction
moratoria—like quarantine, isolation,
and social distancing—can be an
effective public health measure utilized
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
COVID–19 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 COVID–19.
Furthermore, housing stability helps
protect public health because
homelessness increases the likelihood of
individuals moving into congregate
settings, such as homeless shelters,
which then puts individuals at higher
risk to COVID–19. The ability of these
settings to adhere to best practices, such
as social distancing and other infection
control measures, decreases as
populations increase. Unsheltered
homelessness also increases the risk that
individuals will experience severe
illness from COVID–19.
Applicability
Under this Order, a landlord, owner
of a residential property, or other
person 3 with a legal right to pursue
1 CDC, People with Certain Medical Conditions,
https://www.cdc.gov/coronavirus/2019-ncov/needextra-precautions/people-with-medicalconditions.html (accessed August 26, 2020).
2 Faust JS, Lin Z, del Rio C. Comparison of
Estimated Excess Deaths in New York City During
the COVID–19 and 1918 Influenza Pandemics.
JAMA New Open. 2020;3(8):e2017527. doi:10.1001/
jamanetworkopen.2020.17527.
3 For purposes of this Order, ‘‘person’’ includes
corporations, companies, associations, firms,

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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. 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. Nor
does this order apply to American
Samoa, which has reported no cases of
COVID–19, until such time as cases are
reported.
In accordance with 42 U.S.C. 264(e),
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 COVID–19. This Order does
not relieve any individual of any
obligation to pay rent, make a housing
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.
Renter’s or Homeowner’s Declaration
Attachment A is a Declaration form
that tenants, lessees, or residents of
residential properties who are covered
by the CDC’s order temporarily halting
residential evictions to prevent the
further spread of COVID–19 may use. To
invoke the CDC’s order these persons
must provide an executed copy of the
Declaration form (or a similar
declaration under penalty of perjury) to
their landlord, owner of the residential
property where they live, or other
person who has a right to have them
evicted or removed from where they
live. Each adult listed on the lease,
rental agreement, or housing contract
should likewise complete and provide a
declaration. Unless the CDC order is
extended, changed, or ended, the order
prevents these persons from being
evicted or removed from where they are
living through December 31, 2020.
These persons are still required to pay
rent and follow all the other terms of
their lease and rules of the place where
they live. These persons may also still
be evicted for reasons other than not
paying rent or making a housing
partnerships, societies, and joint stock companies,
as well as individuals.

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payment. Executed declarations should
not be returned to the Federal
Government.
Centers for Disease Control and
Prevention, Department of Health and
Human Services
Order Under Section 361 of the Public
Health Service Act (42 U.S.C. 264) and
42 CFR 70.2
Temporary Halt in Residential
Evictions To Prevent the Further
Spread of COVID–19
Summary
Notice and Order; and subject to the
limitations under ‘‘Applicability’’:
Under 42 CFR 70.2, a landlord, owner
of a residential property, or other
person 4 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.

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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.
‘‘Covered person’’ 5 means any tenant,
lessee, or resident of a residential
property who provides to their landlord,
the owner of the residential property, or
4 For purposes of this Order, ‘‘person’’ includes
corporations, companies, associations, firms,
partnerships, societies, and joint stock companies,
as well as individuals.
5 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), 366–377, 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.

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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 2020 (or no
more than $198,000 if filing a joint tax
return),6 (ii) was not required to report
any income in 2019 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 7 out-of-pocket medical
expenses;
(4) the individual is using best efforts
to make timely partial payments that are
as close to the full payment as the
individual’s circumstances may permit,
taking into account other
nondiscretionary expenses; and
(5) eviction would likely render the
individual homeless—or force the
individual to move into and live in
close quarters in a new congregate or
shared living setting—because 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
a possessory action, to remove or cause
the removal of a covered person from a
residential property. This 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
6 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 one’s 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 COVID–19 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.
7 An extraordinary medical expense is any
unreimbursed medical expense likely to exceed
7.5% of one’s adjusted gross income for the year.

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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.’’
Statement of Intent
This Order shall be interpreted and
implemented in a manner as to achieve
the following objectives:
• Mitigating the spread of COVID–19
within congregate or shared living
settings, or through unsheltered
homelessness;
• mitigating the further spread of
COVID–19 from one U.S. State or U.S.
territory into any other U.S. State or
U.S. territory; and
• supporting response efforts to
COVID–19 at the Federal, State, local,
territorial, and tribal levels.
Background
There is currently a pandemic of a
respiratory disease (‘‘COVID–19’’)
caused by a novel coronavirus (SARS–
COV–2) 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
(excepting American Samoa). As of
August 24, 2020, there were over
23,000,000 cases of COVID–19 globally
resulting in over 800,000 deaths; over
5,500,000 cases have been identified in
the United States, with new cases being
reported daily and over 174,000 deaths
due to the disease.
The virus that causes COVID–19
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 COVID–19
increases with age, with older adults at
highest risk. Severe illness means that
persons with COVID–19 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

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immunocompromised state, obesity,
serious heart conditions, and diabetes,
are at increased risk for severe illness
from COVID–19.8
COVID–19 presents a historic threat to
public health. According to one recent
study, the mortality associated with
COVID–19 during the early phase of the
outbreak in New York City was
comparable to the peak mortality
observed during the 1918 H1N1
influenza pandemic.9 During the 1918
H1N1 influenza pandemic, there were
approximately 50 million influenzarelated deaths worldwide, including
675,000 in the United States. 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, COVID–19 continues
to spread and further action is needed.
In the context of a pandemic, eviction
moratoria—like quarantine, isolation,
and social distancing—can be an
effective public health measure utilized
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
COVID–19 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 COVID–19.
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 COVID–19.

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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.
264(e), this Order does not preclude
State, local, territorial, and tribal
authorities from imposing additional
requirements that provide greater
public-health protection and are more
8 CDC, People with Certain Medical Conditions,
https://www.cdc.gov/coronavirus/2019-ncov/needextra-precautions/people-with-medicalconditions.html (accessed August 26, 2020).
9 Faust JS, Lin Z, del Rio C. Comparison of
Estimated Excess Deaths in New York City During
the COVID–19 and 1918 Influenza Pandemics.
JAMA New Open. 2020;3(8):e2017527. doi:10.1001/
jamanetworkopen.2020.17527.

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restrictive than the requirements in this
Order.
Additionally, this Order shall not
apply to American Samoa, which has
reported no cases of COVID–19, until
such time as cases are reported.
This Order is a temporary eviction
moratorium to prevent the further
spread of COVID–19. This Order does
not relieve any individual of any
obligation to pay rent, make a housing
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; 10 (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).
Eviction and Risk of COVID–19
Transmission
Evicted renters must move, which
leads to multiple outcomes that increase
the risk of COVID–19 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 COVID–19 transmission occurs
readily within households; household
contacts are estimated to be 6 times
more likely to become infected by an
10 Individuals who might have COVID–19 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.
11 United States Census Bureau. American
Housing Survey, 2017. https://www.census.gov/
programs-surveys/ahs.html.

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index case of COVID–19 than other
close contacts.12
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 COVID–19. 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.13
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. 116–136) to aid individuals
and businesses adversely affected by
COVID–19. 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 COVID–19
pandemic. The CARES Act eviction
moratorium expired on July 24, 2020.14
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
nation’s roughly 43 million renters.15
12 Bi Q, Wu Y, Mei S, et al. Epidemiology and
transmission of COVID–19 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/S1473-3099(20)30287-5.
13 See CDC COVID–19 Guidance for Shared or
Congregate Housing, available at: https://
www.cdc.gov/coronavirus/2019-ncov/community/
shared-congregate-house/guidance-sharedcongregate-housing.html.
14 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.
15 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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Approximately 12.3 million rental units
have federally backed financing,
representing 28% of renters. Other data
show more than 2 million housing
vouchers along with approximately 2
million other federally assisted rental
units.16
The Federal moratorium, however,
did not reach all renters. Many renters
who fell outside the scope of the Federal
moratorium were protected under State
and local moratoria. In the absence of
State and local protections, as many as
30–40 million people in America could
be at risk of eviction.17 A wave of
evictions on that scale would be
unprecedented in modern times.18 A
large portion of those who are evicted
may move into close quarters in shared
housing or, as discussed below, become
homeless, thus contributing to the
spread of COVID–19.
The statistics on interstate moves
show that mass evictions would likely
increase the interstate spread of COVID–
19. Over 35 million Americans,
representing approximately 10% of the
U.S. population, move each year.19
Approximately 15% of moves are
interstate.20

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Eviction, Homelessness, and Risk of
Severe Disease From COVID–19
Evicted individuals without access to
housing or assistance options may also
contribute to the homeless population,
including older adults or those with
underlying medical conditions, who are
more at risk for severe illness from
COVID–19 than the general
population.21 In Seattle-King County, 5–
15% of people experiencing
homelessness between 2018 and 2020
cited eviction as the primary reason for
becoming homeless.22 Additionally,
16 See HUD, A Picture of Subsidized Households
General Description of the Data and Bibliography,
available at: https://www.huduser.gov/portal/
datasets/assthsg/statedata98/descript.html.
17 See Emily Benfer, et al., The COVID–19
Eviction Crisis: An Estimated 30–40 Million People
in America are at Risk, available at: https://
www.aspeninstitute.org/blog-posts/the-covid-19eviction-crisis-an-estimated-30-40-million-peoplein-america-are-at-risk/.
18 As a baseline, approximately 900,000 renters
are evicted every year in the United States.
Princeton University Eviction Lab. National
Estimates: Eviction in America. https://
evictionlab.org/national-estimates/.
19 See U.S. Census Bureau, CPS Historical
Migration/Geographic Mobility Tables, available at:
https://www.census.gov/data/tables/time-series/
demo/geographic-mobility/historic.html.
20 Id.
21 See CDC, Coronavirus Disease 2019 (COVID–
19), People Who Are at Increased Risk for Severe
Illness, available at https://www.cdc.gov/
coronavirus/2019-ncov/need-extra-precautions/
people-at-increased-risk.html (accessed August 26,
2020).
22 Seattle-King County. Point in Time Count.
https://regionalhomelesssystem.org/wp-content/

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some individuals and families who are
evicted may originally stay with family
or friends, but subsequently seek
homeless services. Among people who
entered shelters throughout the United
States in 2017, 27% were staying with
family or friends beforehand.23
People experiencing homelessness are
a high-risk population. It may be more
difficult for these persons to
consistently access the necessary
resources in order to adhere to public
health recommendations to prevent
COVID–19. For instance, it may not be
possible to avoid certain congregate
settings such as homeless shelters, or
easily access facilities to engage in
handwashing with soap and water.
Extensive outbreaks of COVID–19
have been identified in homeless
shelters.24 In Seattle, Washington, a
network of three related homeless
shelters experienced an outbreak that
led to 43 cases among residents and staff
members.25 In Boston, Massachusetts,
universal COVID–19 testing at a single
shelter revealed 147 cases, representing
36% of shelter residents.26 COVID–19
testing in a single shelter in San
Francisco led to the identification of 101
cases (67% of those tested).27
Throughout the United States, among
208 shelters reporting universal
diagnostic testing data, 9% of shelter
clients have tested positive.28
CDC guidance recommends increasing
physical distance between beds in
homeless shelters.29 To adhere to this
guidance, shelters have limited the
number of people served throughout the
United States. In many places,
considerably fewer beds are available to
uploads/2020/07/Count-Us-In-2020-Final_
7.29.2020.pdf
23 United States Department of Housing and
Urban Development. The 2017 Annual Homeless
Assessment Report (AHAR) to Congress: Part 2.
Available at: https://files.hudexchange.info/
resources/documents/2017-AHAR-Part-2.pdf
24 Mosites E, et al, Assessment of SARS-CoV–2
Infection Prevalence in Homeless Shelters—Four
U.S. Cities, March 27–April 15, 2020. MMWR 2020
May 1;69(17):521–522.
25 Tobolowsky FA, et al. COVID–19 Outbreak
Among Three Affiliated Homeless Service Sites—
King County, Washington, 2020. MMWR 2020 May
1;69(17):523–526.
26 Baggett TP, Keyes H, Sporn N, Gaeta JM.
Prevalence of SARS-CoV–2 Infection in Residents of
a Large Homeless Shelter in Boston. JAMA. 2020
Apr 27;323(21):2191–2. Online ahead of print.
27 Imbert E, et al. Coronavirus Disease 2019
(COVID–19) Outbreak in a San Francisco Homeless
Shelter. Clin Infect Dis. 2020 Aug 3.
28 National Health Care for the Homeless Council
and Centers for Disease Control and Prevention.
Universal Testing Data Dashboard. Available at:
https://nhchc.org/cdc-covid-dashboard/.
29 Centers for Disease Control and Prevention.
Interim Guidance for Homeless Service Providers to
Plan and Respond to COVID–19. https://
www.cdc.gov/coronavirus/2019-ncov/community/
homeless-shelters/plan-prepare-respond.html.

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individuals who become homeless.
Shelters that do not adhere to the
guidance, and operate at ordinary or
increased occupancy, are at greater risk
for the types of outbreaks described
above. The challenge of mitigating
disease transmission in homeless
shelters has been compounded because
some organizations have chosen to stop
or limit volunteer access and
participation.
In the context of the current
pandemic, large increases in evictions
could have at least two potential
negative consequences. One is if
homeless shelters increase occupancy in
ways that increase the exposure risk to
COVID–19. The other is if homeless
shelters turn away the recently
homeless, who could become
unsheltered, and further contribute to
the spread of COVID–19. Neither
consequence is in the interest of the
public health.
The risk of COVID–19 spread
associated with unsheltered
homelessness (those who are sleeping
outside or in places not meant for
human habitation) is of great concern to
CDC. Over 35% of homeless persons are
typically unsheltered.30 The
unsheltered homeless are at higher risk
for infection when there is community
spread of COVID–19. The risks
associated with sleeping and living
outdoors or in an encampment setting
are different than from staying indoors
in a congregate setting, such as an
emergency shelter or other congregate
living facility. While outdoor settings
may allow people to increase physical
distance between themselves and
others, they may also involve exposure
to the elements and inadequate access to
hygiene, sanitation facilities, health
care, and therapeutics. The latter factors
contribute to the further spread of
COVID–19.
Additionally, research suggests that
the population of persons who would be
evicted and become homeless would
include many who are predisposed to
developing severe disease from COVID–
19. Five studies have shown an
association between eviction and
hypertension, which has been
associated with more severe outcomes
from COVID–19.31 Also, the homeless
30 In January 2018, 552,830 people were counted
as homeless in the United States. Of those, 194,467
(35 percent) were unsheltered, and 358,363 (65
percent) were sheltered. See, Council of Economic
Advisors, The State of Homelessness in America
(September 2019), available at https://
www.whitehouse.gov/wp-content/uploads/2019/09/
The-State-of-Homelessness-in-America.pdf.
31 Hugo Vasquez-Vera, et al. The threat of home
eviction and its effects on health through the equity

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often have underlying conditions that
increase their risk of severe outcomes of
COVID–19.32 Among patients with
COVID–19, homelessness has been
associated with increased likelihood of
hospitalization.33
These public health risks may
increase seasonally. Each year, as winter
approaches and the temperature drops,
many homeless move into shelters to
escape the cold and the occupancy of
shelters increases.34 At the same time,
there is evidence to suggest that the
homeless are more susceptible to
respiratory tract infections,35 which
may include seasonal influenza. While
there are differences in the
epidemiology of COVID–19 and
seasonal influenza, the potential cocirculation of viruses during periods of
increased occupancy in shelters could
increase the risk to occupants in those
shelters.
In short, evictions threaten to increase
the spread of COVID–19 as they force
people to move, often into close quarters
in new shared housing settings with
friends or family, or congregate settings
such as homeless shelters. The ability of
these settings to adhere to best practices,
such as social distancing and other
infection control measures, decreases as
populations increase. Unsheltered
homelessness also increases the risk that
individuals will experience severe
illness from COVID–19.

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Findings and Action
Therefore, I have determined the
temporary halt in evictions in this Order
constitutes a reasonably necessary
measure under 42 CFR 70.2 to prevent
the further spread of COVID–19
throughout the United States. I have
further determined that measures by
states, localities, or U.S. territories that
lens: A systematic review. Social Science and
Medicine. 175 (2017) 199e208.
32 Fazel S, Geddes JR, Kushel M. The health of
homeless people in high-income countries:
descriptive epidemiology, health consequences, and
clinical and policy recommendations. Lancet.
2014;384(9953):1529–1540.
33 Hsu HE, et al. Race/Ethnicity, Underlying
Medical Conditions, Homelessness, and
Hospitalization Status of Adult Patients with
COVID–19 at an Urban Safety-Net Medical Center—
Boston, Massachusetts, 2020. MMWR 2020 Jul
10;69(27):864–869. Historically, African Americans
and Hispanic Americans are disproportionately
represented in evictions compared to other races.
They are more likely to experience severe outcomes
of COVID–19. Id.
34 See, generally, the Annual Homeless
Assessment Report to Congress (2007), available at:
https://www.huduser.gov/Publications/pdf/ahar.pdf
(acknowledging the seasonality of shelter bed use).
35 Ly TDA, Edouard S, Badiaga S, et al.
Epidemiology of respiratory pathogen carriage in
the homeless population within two shelters in
Marseille, France, 2015–2017: Cross sectional 1-day
surveys. Clin Microbiol Infect. 2019; 25(2):249.e1–
249.e6.

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do not meet or exceed these minimum
protections are insufficient to prevent
the interstate spread of COVID–19.36
Based on the convergence of COVID–
19, seasonal influenza, 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, all
of which may be exacerbated as fall and
winter approach, I have determined that
a temporary halt on evictions through
December 31, 2020, subject to further
extension, modification, or rescission, is
appropriate.
Therefore, under 42 CFR 70.2, subject
to the limitations under the
‘‘Applicability’’ section, a landlord,
owner of a residential property, or other
person with a legal right to pursue
eviction or possessory action shall not
evict any covered person from any
residential property in any State or U.S.
territory in which there are documented
cases of COVID–19 that provides a level
of public-health protections below the
requirements listed in this Order.
This Order is not a rule within the
meaning of the Administrative
Procedure Act (‘‘APA’’) but rather an
emergency action taken under the
existing authority of 42 CFR 70.2. In the
event that this Order qualifies as a rule
under the APA, notice and comment
and a delay in effective date are not
required because there is good cause to
dispense with prior public notice and
comment and the opportunity to
comment on this Order and the delay in
effective date. See 5 U.S.C. 553(b)(3)(B).
Considering the public-health
emergency caused by COVID–19, it
would be impracticable and contrary to
the public health, and by extension the
public interest, to delay the issuance
and effective date of this Order.
A delay in the effective date of the
Order would permit the occurrence of
evictions—potentially on a mass scale—
that could have potentially significant
consequences. As discussed above, one
potential consequence would be that
evicted individuals would move into
close quarters in congregate or shared
living settings, including homeless
shelters, which would put the
individuals at higher risk to COVID–19.
Another potential consequence would
be if evicted individuals become

homeless and unsheltered, and further
contribute to the spread of COVID–19. A
delay in the effective date of the Order
that leads to such consequences would
defeat the purpose of the Order and
endanger the public health. Immediate
action is necessary.
Similarly, if this Order qualifies as a
rule under the APA, the Office of
Information and Regulatory Affairs has
determined that it would be a major rule
under the Congressional Review Act
(CRA). But there would not be a delay
in its effective date. The agency has
determined that for the same reasons,
there would be good cause under the
CRA to make the requirements herein
effective immediately.
If any provision of this Order, or the
application of any provision to any
persons, entities, or circumstances, shall
be held invalid, the remainder of the
provisions, or the application of such
provisions to any persons, entities, or
circumstances other than those to which
it is held invalid, shall remain valid and
in effect.
This Order shall be enforced by
Federal authorities and cooperating
State and local authorities through the
provisions of 18 U.S.C. 3559, 3571; 42
U.S.C. 243, 268, 271; and 42 CFR 70.18.
However, this Order has no effect on the
contractual obligations of renters to pay
rent and shall not preclude charging or
collecting 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.

36 In the United States, public health measures are
implemented at all levels of government, including
the Federal, State, local, and tribal levels. Publiclyavailable compilations of pending measures
indicate that eviction moratoria and other
protections from eviction have expired or are set to
expire in many jurisdictions. Eviction Lab, COVID–
19 Housing Policy Scorecard, available at: https://
evictionlab.org/covid-policy-scorecard/.

Notice to Cooperating State and Local
Officials
Under 42 U.S.C. 243, the U.S.
Department of Health and Human
Services is authorized to cooperate with
and aid State and local authorities in the
enforcement of their quarantine and

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Criminal Penalties
Under 18 U.S.C. 3559, 3571; 42 U.S.C.
271; and 42 CFR 70.18, a person
violating this Order may be subject to a
fine of no more than $100,000 if the
violation does not result in a death or
one year in jail, or both, or a fine of no
more than $250,000 if the violation
results in a death or one year in jail, or
both, or as otherwise provided by law.
An organization violating this Order
may be subject to a fine of no more than
$200,000 per event if the violation does
not result in a death or $500,000 per
event if the violation results in a death
or as otherwise provided by law. The
U.S. Department of Justice may initiate
court proceedings as appropriate
seeking imposition of these criminal
penalties.

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04SEN1

 Federal Register / Vol. 85, No. 173 / Friday, September 4, 2020 / Notices
other health regulations and to accept
State and local assistance in the
enforcement of Federal quarantine rules
and regulations, including in the
enforcement of this Order.

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Notice of Available Federal Resources
While this order to prevent eviction is
effectuated to protect the public health,
the States and units of local government
are reminded that the Federal
Government has deployed
unprecedented resources to address the
pandemic, including housing assistance.
The Department of Housing and
Urban Development (HUD) has
informed CDC that all HUD grantees—
states, cities, communities, and
nonprofits—who received Emergency
Solutions Grants (ESG) or Community
Development Block Grant (CDBG) funds
under the CARES Act may use these
funds to provide temporary rental
assistance, homelessness prevention, or
other aid to individuals who are
experiencing financial hardship because
of the pandemic and are at risk of being
evicted, consistent with applicable laws,
regulations, and guidance.
HUD has further informed CDC that:
HUD’s grantees and partners play a critical
role in prioritizing efforts to support this
goal. As grantees decide how to deploy
CDBG–CV and ESG–CV funds provided by
the CARES Act, all communities should
assess what resources have already been
allocated to prevent evictions and
homelessness through temporary rental
assistance and homelessness prevention,
particularly to the most vulnerable
households.
HUD stands at the ready to support
American communities take these steps to
reduce the spread of COVID–19 and maintain
economic prosperity. Where gaps are
identified, grantees should coordinate across
available Federal, non-Federal, and
philanthropic funds to ensure these critical
needs are sufficiently addressed, and utilize
HUD’s technical assistance to design and
implement programs to support a
coordinated response to eviction prevention
needs. For program support, including
technical assistance, please visit
www.hudexchange.info/program-support.
For further information on HUD resources,
tools, and guidance available to respond to
the COVID–19 pandemic, State and local
officials are directed to visit https://
www.hud.gov/coronavirus. These tools
include toolkits for Public Housing
Authorities and Housing Choice Voucher
landlords related to housing stability and
eviction prevention, as well as similar
guidance for owners and renters in HUDassisted multifamily properties.

Similarly, the Department of the
Treasury has informed CDC that the
funds allocated through the Coronavirus
Relief Fund may be used to fund rental
assistance programs to prevent eviction.
Visit https://home.treasury.gov/policy-

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issues/cares/state-and-localgovernments for more information.
Effective Date
This Order is effective upon
publication in the Federal Register and
will remain in effect, unless extended,
modified, or rescinded, through
December 31, 2020.
Attachment
Declaration Under Penalty of Perjury
for the Centers for Disease Control and
Prevention’s Temporary Halt in
Evictions to Prevent Further Spread of
COVID–19
This declaration is for tenants,
lessees, or residents of residential
properties who are covered by the CDC’s
order temporarily halting residential
evictions (not including foreclosures on
home mortgages) to prevent the further
spread of COVID–19. Under the CDC’s
order you must provide a copy of this
declaration to your landlord, owner of
the residential property where you live,
or other person who has a right to have
you evicted or removed from where you
live. Each adult listed on the lease,
rental agreement, or housing contract
should complete this declaration.
Unless the CDC order is extended,
changed, or ended, the order prevents
you from being evicted or removed from
where you are living through December
31, 2020. You are still required to pay
rent and follow all the other terms of
your lease and rules of the place where
you live. You may also still be evicted
for reasons other than not paying rent or
making a housing payment. This
declaration is sworn testimony, meaning
that you can be prosecuted, go to jail, or
pay a fine if you lie, mislead, or omit
important information.
I certify under penalty of perjury,
pursuant to 28 U.S.C. 1746, that the
foregoing are true and correct:
• I have used best efforts to obtain all
available government assistance for rent
or housing; 37
• I either expect to earn no more than
$99,000 in annual income for Calendar
Year 2020 (or no more than $198,000 if
filing a joint tax return), was not
required to report any income in 2019
to the U.S. Internal Revenue Service, or
received an Economic Impact Payment
(stimulus check) pursuant to Section
2201 of the CARES Act;
• I am unable to pay my full rent or
make a full housing payment due to
substantial loss of household income,
loss of compensable hours of work or
37 ‘‘Available government assistance’’ means any
governmental rental or housing payment benefits
available to the individual or any household
member.

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55297

wages, lay-offs, or extraordinary 38 outof-pocket medical expenses;
• I am using best efforts to make
timely partial payments that are as close
to the full payment as the individual’s
circumstances may permit, taking into
account other nondiscretionary
expenses;
• If evicted I would likely become
homeless, need to move into a homeless
shelter, or need to move into a new
residence shared by other people who
live in close quarters because I have no
other available housing options.39
• I understand that I must still pay
rent or make a housing payment, and
comply with other obligations that I
may have under my tenancy, lease
agreement, or similar contract. I further
understand that fees, penalties, or
interest for not paying rent or making a
housing payment on time as required by
my tenancy, lease agreement, or similar
contract may still be charged or
collected.
• I further understand that at the end
of this temporary halt on evictions on
December 31, 2020, my housing
provider may require payment in full for
all payments not made prior to and
during the temporary halt and failure to
pay may make me subject to eviction
pursuant to State and local laws.
I understand that any false or misleading
statements or omissions may result in
criminal and civil actions for fines, penalties,
damages, or imprisonment.
lllll
Signature of Declarant Date
lllll

Authority
The authority for this Order is Section
361 of the Public Health Service Act (42
U.S.C. 264) and 42 CFR 70.2.
Dated: September 1, 2020.
Nina B. Witkofsky,
Acting Chief of Staff, Centers for Disease
Control and Prevention.
[FR Doc. 2020–19654 Filed 9–1–20; 4:15 pm]
BILLING CODE 4163–18–P

38 An ‘‘extraordinary’’ medical expense is any
unreimbursed medical expense likely to exceed
7.5% of one’s adjusted gross income for the year.
39 ‘‘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 you.

E:\FR\FM\04SEN1.SGM

04SEN1

 Attachment 

Form Approved
OMB Control No. 0920-1303
Expiration Date: 12/31/2020
[FORM] DECLARATION UNDER PENALTY OF PERJURY FOR
THE CENTERS FOR DISEASE CONTROL AND PREVENTION’S TEMPORARY
HALT IN EVICTIONS TO PREVENT FURTHER SPREAD OF COVID-19
This declaration is for tenants, lessees, or residents of residential properties who are covered by the
CDC’s order temporarily halting residential evictions (not including foreclosures on home
mortgages) to prevent the further spread of COVID-19. Under the CDC’s order you must provide a
copy of this declaration to your landlord, owner of the residential property where you live, or other
person who has a right to have you evicted or removed from where you live. Each adult listed on the
lease, rental agreement, or housing contract should complete this declaration. Unless the CDC order
is extended, changed, or ended, the order prevents you from being evicted or removed from where
you are living through December 31, 2020. You are still required to pay rent and follow all the other
terms of your lease and rules of the place where you live. You may also still be evicted for reasons
other than not paying rent or making a housing payment. This declaration is sworn testimony,
meaning that you can be prosecuted, go to jail, or pay a fine if you lie, mislead, or omit important
information.
I certify under penalty of perjury, pursuant to 28 U.S.C. § 1746, that the foregoing are true and correct:
•

I have used best efforts to obtain all available government assistance for rent or housing; 1

•

I either expect to earn no more than $99,000 in annual income for Calendar Year 2020 (or
no more than $198,000 if filing a joint tax return), was not required to report any income in
2019 to the U.S. Internal Revenue Service, or received an Economic Impact Payment
(stimulus check) pursuant to Section 2201 of the CARES Act;

•

I am unable to pay my full rent or make a full housing payment due to substantial loss of
household income, loss of compensable hours of work or wages, lay-offs, or extraordinary 2
out-of-pocket medical expenses;

•

I am using best efforts to make timely partial payments that are as close to the full payment
as the individual’s circumstances may permit, taking into account other nondiscretionary
expenses;

1

“Available government assistance” means any governmental rental or housing payment benefits available to the
individual or any household member.
2

An “extraordinary” medical expense is any unreimbursed medical expense likely to exceed 7.5% of one’s adjusted gross
income for the year.

Public reporting burden of this collection of information is estimated to average 5 minutes per response, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it
displays a currently valid OMB control number. Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden to CDC/ATSDR Reports Clearance Officer; 1600 Clifton Road NE, MS D74, Atlanta, Georgia 30333; Attn: OMB-PRA (0920-1303)

 Form Approved
OMB Control No. 0920-1303
Expiration Date: 12/31/2020
•

If evicted I would likely become homeless, need to move into a homeless shelter, or need to
move into a new residence shared by other people who live in close quarters because I have
no other available housing options. 3

•

I understand that I must still pay rent or make a housing payment, and comply with other
obligations that I may have under my tenancy, lease agreement, or similar contract. I further
understand that fees, penalties, or interest for not paying rent or making a housing payment
on time as required by my tenancy, lease agreement, or similar contract may still be charged
or collected.

•

I further understand that at the end of this temporary halt on evictions on December 31, 2020,
my housing provider may require payment in full for all payments not made prior to and
during the temporary halt and failure to pay may make me subject to eviction pursuant to
state and local laws.

I understand that any false or misleading statements or omissions may result in criminal and civil actions
for fines, penalties, damages, or imprisonment.

_______________________________________________
Signature of Declarant

________________
Date

3

“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 you.
Public reporting burden of this collection of information is estimated to average 5 minutes per response, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it
displays a currently valid OMB control number. Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden to CDC/ATSDR Reports Clearance Officer; 1600 Clifton Road NE, MS D74, Atlanta, Georgia 30333; Attn: OMB-PRA (0920-1303)