SSA Evictions EO 31AUG2020_JZ

Goal of the study: The goal of this information collection is for tenants, lessees, or residents of residential properties to provide a copy of the declaration to the landlord, owner of the residential property, or other person who has a right to have the individual evicted or removed.
Intended use of the resulting data: The information will not be collected by CDC nor will the data be used or maintained at the federal, state, or local levels. The form will serve as an attestation by a tenant, lessee, or resident that they meet the criteria therein to prevent an eviction proceeding per the order issued by the CDC (THE CENTERS FOR DISEASE CONTROL AND PREVENTION’S TEMPORARY

HALT IN EVICTIONS TO PREVENT FURTHER SPREAD OF COVID-19). The declaration form must be provided to the landlord, owner of the residential property, or other person who would otherwise maintain the right to have the individual evicted or removed.

Methods to be used to collect: Tenants, lessees, or residents of residential properties will complete the declaration developed by CDC.
The subpopulation to be studied: The respondent universe for this information collection request is 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.
How data will be analyzed: No statistical methods will be used.

CDC is requesting an emergency clearance for this information collection for 120 days.

A. Justification

1. Circumstances Making the Collection of Information Necessary

The Centers for Disease Control and Prevention (CDC), National Center for Emerging and Zoonotic Infectious Diseases (NCEZID), Division of Global Migration and Quarantine (DGMQ) requests an emergency 120-day approval for a new information collection.

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 immunocompromised state, obesity, serious heart conditions, and diabetes, are at increased risk for severe illness from COVID-19.¹

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. 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.

2. Purpose and Use of Information Collection

Tenants, lessees, or residents of residential properties may provide a copy of the declaration to the landlord, owner of the residential property, or other person who has a right to have the individual evicted or removed. The declaration provides notification and attestation on behalf of the submitting party that they have met the necessary criteria to prevent an eviction action in accordance with the CDC order issues in the interest of the public health; it should be given to the landlord, owner of the residential property, or other person who has a right to have the individual evicted or removed. The information collected will be limited to the signature of the tenant, lessee, or resident. Where either party may seek relief from, or in order to pursue, an eviction action, the declaration may be considered by an adjudicating party as part of a basis to grant such relief.The information will not be collected by CDC.

The accompanying Order (THE CENTERS FOR DISEASE CONTROL AND PREVENTION’S TEMPORARY HALT IN EVICTIONS TO PREVENT FURTHER SPREAD OF COVID-19), and thus this collection, 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.

The accompanying Order, and this collection, do 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 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.

This collection, and the accompanying Order, does not preclude 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;^² (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).

3. Use of Improved Information Technology and Burden Reduction

Covered persons will access this form via CDC’s website, read the parameters set forth in the declaration, and sign (using a wet signature on a hardcopy, or electronic signature) the second page to certify the individual understands that any false or misleading statements or omissions may result in criminal and civil actions for fines, penalties, damages, or imprisonment. The signatory will then provide a copy (hardcopy or electronic) to the appropriate landlord, owner of the residential property, or other person who has a right to have the individual evicted or removed.

4. Efforts to Identify Duplication and Use of Similar Information

To CDC’s knowledge, this information is not duplicative of any other Federal collection.

5. Impact on Small Businesses or Other Small Entities

A precise estimate of the impact of this data collection on small businesses or other small entities is unavailable at this time. However we note that according to the Department of Housing and Urban Development, 48% of the residential rental market is owned by small scale landlords. We also note that a significant number of covered persons seeking prevention of an eviction pursuant to the accompanying Order are likely themselves controlling participants or operators of small businesses or other entities likely to experience significant disruption if subject to an eviction proceeding. The net effect of implementation of the policy set forth in the accompanying Order is highly uncertain.

6. Consequences of Collecting the Information Less Frequently

Respondents are expected to complete this Declaration once; collecting less frequently could result in greater evictions.

7. Special Circumstances Relating to the Guidelines of 5 CFR 1320.5

This is a request for emergency processing consistent with 1320.13. This data collection complies with regulation 5 CFR 1320.5.

8. Comments in Response to the Federal Register Notice and Efforts to Consult Outside the Agency

Because this is a request for an emergency clearance, OIRA has waived the 60-day comment period. However, should this collection continue beyond this period, CDC will seek additional notice and comment.

CDC consulted with Department of Housing and Urban Development (HUD) to confirm 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. Additionally, CDC confirmed with the Department of the Treasury that the funds allocated through the Coronavirus Relief Fund may be used to fund rental assistance programs to prevent eviction.

9. Explanations of Any Payment or Gift to Respondents

No monetary incentives or gifts are provided to respondents.

10. Protection of the Privacy and Confidentiality of Information Provided by Respondents

This information collection request has been reviewed by the National Center for Emerging and Zoonotic Infectious Diseases and it has been determined that the Privacy Act does not apply. The information will not be collected by CDC nor will the data be used at the federal, state, or local levels. The declaration will be for notification purposes only; and should be given to the landlord, owner of the residential property, or other person who has a right to have the individual evicted or removed.

11. Institutional Review Board (IRB) and Justification for Sensitive Questions

IRB Determination

CDC’s National Center for Emerging and Zoonotic Infectious Diseases has determined that this project does not meet the definition of research under 45 CFR 46.102(d). IRB review is not required.

Justification for Sensitive Questions

Individuals will certify via the declaration that the foregoing is true and correct:

I have used best efforts to obtain all available government assistance for rent or housing;^³

I either had an adjusted gross income in 2019 as reported to the U.S. Internal Revenue Service of no more than $99,000 (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) in 2020 pursuant to the CARES Act;

I am unable to pay my full rent or make a full housing payment⁴ due to substantial loss of household income, loss of compensable hours of work or wages, lay-offs, or extraordinary⁵ 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;

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.^⁶

I understand that I must still pay rent, 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.

These questions could be considered sensitive. However, the information will not be collected by CDC nor will the data be used at the federal, state, or local levels.

12. Estimates of Annualized Burden Hours and Costs

Below are the estimates of the Annualized Burden Hours that CDC is requesting for this emergency request.

In the absence of state and local eviction protections, as many as 30–40 million people in America could be at risk of eviction.⁷ Therefore, the total burden estimated for this collection is 35,000,000 respondents, with approximately 595,000 burden hours.

12 A. Estimates of Annualized Burden Hours

Respondent

Form

Number of Respondents

Number of Responses per

Respondent

Average Burden per Response

(in hours)

Total Burden Hours

Tenants, Lessees, or Residents

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

35,000,000⁸

5/60

2,916,667

Total

2,916,667

12 B. Estimates of Annualized Cost

There will be no anticipated costs to respondents other than time. Estimates of respondent costs, and Hourly Wage Rates are provided by approximating the hourly wages for Tenants, Lessees, or Residents who make a maximum of $99,000 annually.

40 hour work week x 52 weeks/year = 2,080 hours / year

$99,000 / 2,080 hours = $47.60 / hour

The estimated total cost is $138,833,349.

Respondent

Form

Total Burden Hours

Hourly Wage Rate

Total Respondent Costs

Tenants, Lessees, or Residents

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

2,916,667

$47.60

$138,833,349

TOTAL

$138,833,349

13. Estimates of Other Total Annual Cost Burden to Respondents or Record Keepers

There are no costs to respondents other than the time necessary to respond to the information collection.

14. Annualized Cost to the Government

The estimated cost for these activities to the federal government is approximately $0 because the declaration is filled out by the 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.

15. Explanation for Program Changes or Adjustments

This is a new information collection.

16. Plans for Tabulation and Publication and Project Time Schedule

CDC has no plans for tabulation or publication. The information will not be collected by CDC or any other Federal agency, nor will the data be used at the federal, state, or local levels. The information will be for notification purposes only and the declaration will be given to the landlord, owner of the residential property, or other person who has a right to have the individual evicted or removed.

17. Reason(s) Display of OMB Expiration Date is Inappropriate

Display of the expiration date is appropriate. No exemption is requested.

18. Exceptions to Certification for Paperwork Reduction Act Submissions

There are no exceptions to the certification.

1 CDC, People with Certain Medical Conditions, https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-with-medical-conditions.html (accessed August 26, 2020).

2 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/if-you-are-sick/steps-when-sick.html

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

4 This does not include home mortgages.

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

6 “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.

7 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-19-eviction-crisis-an-estimated-30-40-million-people-in-america-are-at-risk/.

8 Preliminary estimate based on 2.4 percent eviction rate of the total number of federally-financed units of 43,800,000. Source: Urban Institute; Eviction Lab; American Community Survey (2018), Rental Housing Survey, Department of Housing and Urban Development; and Federal Housing Finance Agency.

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SSA Evictions EO 31AUG2020_JZ