Preview
Filing # 121229220 E-Filed 02/11/2021 11:59:20 AM
IN THE COUNTY COURT FOR DUVAL COUNTY, FLORIDA
CASE NO.: 2020-CC-9571
Majestic Plaza Apt FL LLC,
Plaintiff,
v.
Valisha S. Teague
Defendant(s).
MOTION FOR HEARING TO DETERMINE WHETHER DEFENDANT IS PROTECTED BY THE
CDC ORDER AND
MOTION FOR FINAL JUDGMENT AND
MEMORANDUM OF LAW
Plaintiff, Majestic Plaza Apt FL LLC (“Landlord”), by and through undersigned counsel,
hereby files this Motion for Hearing to Determine Whether Defendant is Protected by the CDC
Order, and Motion for Final Judgment for eviction, and Memorandum of Law in support thereof,
and states as follows:
1 Plaintiff terminated Defendant’s month to month tenancy by serving a Notice of
Termination of Month to Month Tenancy.
2. Defendant refused to vacate at the expiration of the notice.
3. Plaintiff filed a Complaint for possession of real property as authorized and governed by
Florida Statutes, § 83.57.
4, On or about September 4, 2020, the Department of Health and Human Services and the
Centers for Disease Control and Prevent (the "CDC") issued an Order (“CDC Order”, attached
hereto as Exhibit A) under Section 361 of the Public Health Service Act to temporarily halt certain
non-payment of rent residential eviction actions.
5. Subsequent to the filing of the eviction complaint Defendant filed a CDC Declaration,
alleging protection under CDC Order.
6. Defendant is not a covered person because this action is based on termination of month
to month tenancy, and therefore the CDC Declaration does not apply.
Page 1of 5
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 02/11/2021 01:32:49 PM
7. Florida Statutes Chapter 83.57 states that a tenancy may be terminated by either party
giving written notice in the manner provided in § 83.56(4), as follows: “When the tenancy is from
month to month, by giving not less than 15 days’ notice prior to the end of any monthly period.”
Here, Plaintiff gave notice to the Defendant no less than 15 days prior to the end of the monthly
rental period, so the lease expired by operation of law and the tenant was required to surrender
the premises upon expiration of the notice.
8. Defendant’s defenses should be struck because Defendant continues to holdover without
Plaintiffs permission and has failed to deposit the rent which has accrued into the Court registry.
Florida Statutes Chapter 83.60 states in part that in an action for possession of a dwelling unit,
the tenant shall pay into the registry of the court the accrued rent and all rent that accrues.
Here, Plaintiff has filed an action for possession. Defendant has wrongfully withheld possession
and has failed to deposit the accrued rent into the court registry.
WHEREFORE, Plaintiff ask the Court to:
WHEREFORE, Plaintiff ask the Court to:
1 Enter an Order determining that Defendant is not protected by the CDC Order.
2 Enter an Order Striking Defendant’s Pleading and Granting final judgment for possession
of the premises to the Plaintiff together with costs and attorney fees in this action and all
other relief requested in the Plaintiff's Complaint.
Enter an Order that Defendant deposit the rent that has accrued since the filing of
Plaintiffs complaint, and the rent which continues to accrue.
MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF’S ASSERTION THAT DEFENDANT IS
NOT A “COVERED PERSON” PURSUANT TO THE CDC ORDER DATED SEPTEMBER 4,
2020
1 CDC Order provides “a landlord... 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.”
Page 2 of 5
2 A “covered person” is defined as an individual who provides an executed copy of
the “Declaration form”, or a similar declaration under penalty of perjury, to their landlord and
meets the standards therein.!
3 While CDC Order does not expressly provide a procedure to determine whether a
tenant qualifies as a “covered person”, the post-order filings/disclosures by the CDC have
uniformly agreed the trial court may conduct an inquiry to determine whether a tenant qualifies
as a “covered person”.?
4 To wit, the CDC recently issued a “frequently asked questions” disclosure
(attached hereto as Exhibit B), accessible via: https://www.cdc.gov/coronavirus/2019-
ncov/downloads/eviction-moratoria-order-faqs.pdf, which provides on page 6:
What can a landlord do if a tenant has declared that they area covered person
under the CDC Order, but the landlord dodoes [sic] not believe the tenant actually
qualifies?
The Order does not preclude a landlord from challenging the truthfulness of
a tenant’s declaration in any state or municipal court. The protections of the
Order apply to the tenant until the court decides the issue as long as the Order
remains in effect.
5. Additionally, in response to the plaintiffs motion for a temporary injunction
barring enforcement of CDC Order in case no. 1:20-cv-3702-JPB of the United States District
1 A “covered person” must 1) have used best efforts to obtain all available government assistance
for rent or housing; 2) 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; 3) be unable to pay 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 out of-pocket medical expenses; 4) have
employed 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) if evicted 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 due to no other available
housing options.
2 The CDC Order is not vague with respect to evictions which are not related to non-payment of
rent, which are expressly permitted. See Exhibit A (“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)”.
Page 3 of 5
Court for the Northern District of Georgia, the United States Department of Justice served a 57-
page memorandum in opposition which crucially provides:
Nor does the CDC Order unlawfully deny Plaintiffs access to the courts... Most
importantly, the Order does not prevent a landlord from filing an eviction
action in state court. First, the Order expressly permits eviction for various
reasons other than nonpayment of rent. See 85 Fed. Reg. at 55294 (property
damage, criminal activity, etc.). Second, nowhere does the Order prohibit a
landlord from attempting to demonstrate that a tenant has wrongfully
claimed its protections. And third, even where a tenant is entitled to its
protections, the Order does not bar a landlord from commencing a state court
eviction proceeding, provided that that actual eviction does not occur while the
Order remains in place. See id. at 55292 (“the order prevents these persons from
being evicted or removed from where they are living through December 31, 2020”);
id. at 55293 (defining “evict” as “to remove or cause the removal of”).
(relevant portions highlighted and attached hereto as Exhibit C).
6. Because CDC Order was/is not intended to restrict a landlord’s due process right
for review and determination whether a tenant properly qualifies as a “covered person”? Landlord
respectfully moves this Court to set an evidentiary hearing to determine whether Defendant(s)
qualify as “covered person(s)” under CDC Order and specifically determine whether Defendant(s):
a. Employed 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;
Are unable to pay 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 out of-pocket medical expenses; and
3 Due process has been defined in non-criminal situations as contemplating reasonable notice
and an opportunity to appear and be heard. Sheffey v. Futch, 250 So. 2d 907, 910 (Fla. 4th DCA
1971). Due process is a relative term which must be shaped to the requirements of each class
of litigation. Id. See also Farrell v. Farrell, 84 So. 3d 477, 478 (Fla. 2d DCA 2012) (“A trial
court's failure to allow a party to present evidence and to be heard on the issues pending before
the court constitutes a denial of due process”), Minakan v. Husted, 27 So. 3d 695, 698-99 (Fla.
4th DCA 2010) (holding that it was a violation of due process to refuse to allow the wife to testify
and present evidence on a disputed issue of fact), Minkoff v. Caterpillar Fin. Servs. Corp., 103
So. 3d 1049 (Fla. 4th DCA 2013)(holding trial court violated due process rights in not allowing
the defendants the right to be heard and present evidence on the issue of attorney's fees),
Connors v. Connors, 327 So. 2d 877 (Fla. 2d DCA 1976) (holding appellant was not afforded due
process because he was denied the opportunity to prepare and present evidence relevant to the
issue of permanent custody and thereby was not afforded the opportunity for a meaningful
hearing on the custody issue).
Page 4 of 5
c 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).
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing has been furnished to all parties
registered for efiling service on this 11 day of February 2021.
ZS/ Jerron Kelley
Jerron Kelley Esq.
Florida Bar No. 544191
KELLEY & GRANT, PA
370 Camino Gardens Blvd Suite 301
Boca Raton, FL 33432
1-877-871-8300
Fax: 1-877-838-2912
Email: eservice@kelleygrantlaw.com
Page 5 of 5
EXHIBIT A
55292 Federal Register/Vol. 85, No. 173/Friday, September 4, 2020/Notices
DEPARTMENT OF HEALTH AND immunocompromised state, obesity, eviction or possessory action, shall not
HUMAN SERVICES serious heart conditions, and diabetes, evict any covered person from any
are at increased risk for severe illness residential property in any jurisdiction
Centers for Disease Control and from COVID-19.1 to which this Order applies during the
Prevention COVID-19 presents a historic threat to effective period of the Order. This Order
public health. According to one recent does not apply in any State, local,
Temporary Halt in Residential territorial, or tribal area with a
study, the mortality associated with
Evictions To Prevent the Further COVID-19 during the early phase of the moratorium on residential evictions that
Spread of COVID-19 outbreak in New York City was provides the same or greater level of
AGENCY: Centers for Disease Control and comparable to the peak mortality public-health protection than the
Prevention (CDC), Department of Health observed during the 1918 H1N1 requirements listed in this Order. Nor
and Human Services (HHS). influenza pandemic.? During the 1918 does this order apply to American
ACTION: Agency Order. H1N1 influenza pandemic, there were Samoa, which has reported no cases of
approximately 50 million influenza- COVID-19, until such time as cases are
SUMMARY: The Centers for Disease related deaths worldwide, including reported.
Control and Prevention (CDC), located 675,000 in the United States. To In accordance with 42 U.S.C. 264(e),
within the Department of Health and respond to this public health threat, the this Order does not preclude State,
Human Services (HHS) announces the Federal, State, and local governments local, territorial, and tribal authorities
issuance of an Order under Section 361 have taken unprecedented or from imposing additional requirements
of the Public Health Service Act to exceedingly rare actions, including that provide greater public-health
temporarily halt residential evictions to border closures, restrictions on travel, protection and are more restrictive than
prevent the further spread of COVID-19. stay-at-home orders, mask requirements, the requirements in this Order.
DATES: This Order is effective and eviction moratoria. Despite these This Order is a temporary eviction
September 4, 2020 through December best efforts, COVID-19 continues to moratorium to prevent the further
31, 2020, spread and further action is needed. spread of COVID-19. This Order does
not relieve any individual of any
FOR FURTHER INFORMATION CONTACT: In the context of a pandemic, eviction obligation to pay rent, make a housing
Nina Witkofsky, Acting Chief of Staff, moratoria—like quarantine, isolation,
Centers for Disease Control and and social distancing—can be an payment, or comply with any other
obligation that the individual may have
Prevention, 1600 Clifton Road NE, MS effective public health measure utilized under a tenancy, lease, or similar
H21--10, Atlanta, GA 30329; Telephone: to prevent the spread of communicable contract. Nothing in this Order
404-639-7000; Email: cdcregulations@ disease. Eviction moratoria facilitate
precludes the charging or collecting of
cdc.gov. self-isolation by people who become ill fees, penalties, or interest as a result of
or who are at risk for severe illness from
SUPPLEMENTARY INFORMATION:
COVID-19 due to an underlying the failure to pay rent or other housing
Background medical condition. They also allow payment on a timely basis, under the
State and local authorities to more terms of any applicable contract.
There is currently a pandemic of a
respiratory disease (“COVID-19") easily implement stay-at-home and Renter’s or Homeowner’s Declaration
caused by a novel coronavirus (SARS— social distancing directives to mitigate Attachment A is a Declaration form
COV-2) that has now spread globally, the community spread of COVID-19. that tenants, lessees, or residents of
including cases reported in all fi Furthermore, housing stability helps residential properties who are covered
states within the United States plus the protect public health because by the CDC’s order temporarily halting
District of Columbia and U.S. territories homelessness increases the likelihood of residential evictions to prevent the
(excepting American Samoa). As of individuals moving into congregate further spread of COVID-19 may use. To
August 24, 2020, there were over settings, such as homeless shelters, invoke the CDC’s order these persons
23,000,000 cases of COVID-19 globally which then puts individuals at higher must provide an executed copy of the
resulting in over 800,000 deaths; over risk to COVID-19. The ability of these Declaration form (or a similar
5,500,000 cases have been identified in settings to adhere to best practices, such declaration under penalty of perjury) to
the United States, with new cases being as social distancing and other infection their landlord, owner of the residential
reported daily and over 174,000 deaths control measures, decreases as property where they live, or other
due to the disease. populations increase. Unsheltered person who has a right to have them
The virus that causes COVID-19 homelessness also increases the risk that evicted or removed from where they
spreads very easily and sustainably individuals will experience severe live. Each adult listed on the lease,
between people who are in close contact illness from COVID-19. rental agreement, or housing contract
with one another (within about 6 feet), Applicability should likewise complete and provide a
mainly through respiratory droplets declaration. Unless the CDC order is
produced when an infected person Under this Order, a landlord, owner extended, changed, or ended, the order
coughs, sneezes, or talks. Some people of a residential property, or other prevents these persons from being
without symptoms may be able to person # with a legal right to pursue evicted or removed from where they are
spread the virus. Among adults, the risk living through December 31, 2020.
for severe illness from COVID-19 CDG, People with Certain Medical Conditions, These persons are still required to pay
increases with age, with older adults at https://www.cde.gov/coronavirus/2019-ncov/need-
extra-precautions/people-with-medical- rent and follow all the other terms of
highest risk. Severe illness means that conditions.html (accessed August 26, 2020). their lease and rules of the place where
persons with COVID-19 may require 2 Faust JS, Lin Z, del Rio C. Comparison of they live. These persons may also still
hospitalization, intensive care, or a Estimated Excess Deaths in New York City During be evicted for reasons other than not
the COVID-19 and 1918 Influenza Pandemics.
ventilator to help them breathe, and
1.1001/ paying rent or making a housing
may be fatal. People of any age with JAMA New Open. 2020;3(8):e2017527. de
jamanetworkopen.2020.17527.
certain underlying medical conditions, 3For purposes of this Order, “person” includes partnerships, societies, and joint stock companies,
such as cancer, an corporations, companies, associations, firms, as well as individuals.
Federal Register/Vol. 85, No. 173/Friday, September 4, 2020/Notices 55293
payment. Executed declarations should other person with a legal right to pursue similar dwelling leased for residential
not be returned to the Federal eviction or a possessory action, a purposes, but shall not include any
Government. declaration under penalty of perjury hotel, motel, or other guest house rented
Centers for Disease Control and
indicating that: to a temporary guest or seasonal tenant
(1) The individual has used best as defined under the laws of the State,
Prevention, Department of Health and
Human Services
efforts to obtain all available territorial, tribal, or local jurisdiction
government assistance for rent or “State” shall have the same definition
Order Under Section 361 of the Public housin; as under 42 CFR 70.1, meaning “any of
Health Service Act (42 U.S.C, 264) and (2) TI fhe individual either (i) expects to the 50 states, plus the District of
42 CFR 70.2 earn no more than $99,000 in annual Columbia.
Temporary Halt in Residential income for Calendar Year 2020 (or no “U.S, territory” shall have the same
Evictions To Prevent the Further
more than $198,000 if filing a joint tax definition as under 42 CFR 70.1.
Spread of COVID-19
return),® (ii) was not required to report meaning “any territory (also known as
any income in 2019 to the U.S, Internal possessions) of the United States,
Summary Revenue Service, or (iii) received an including American Samoa, Guam, the
Notice and Order; and subject to the Economic Impact Payment (stimulus Northern Mariana Islands, the
limitations under “Applicability’ check) pursuant to Section 2201 of the Commonwealth of Puerto Rico, and the
Under 42 CFR 70.2, a landlord, owner CARES Act; U.S. Virgin Islands.”
of a residential property, or other (3) the individual is unable to pay the Statement of Intent
person with a legal right to pursue full rent or make a full housing payment
eviction or possessory action, shall not due to substantial loss of household This Order shall be interpreted and
evict any covered person from any income, loss of compensable hours of implemented in a manner as to achieve
residential property in any jurisdiction work or wages, a lay-off, or the following objectives:
¢ Mitigating the spread of COVID-19
to which this Order applies during the extraordinary 7 out-of-pocket medical
jenses; within congregate or shared living
effective period of the Order. (4) the individual is using best efforts settings, or through unsheltered
Definitions to make timely partial payments that are homelessness;
“Available government assistance as close to the full payment as the ¢ mitigating the further spread of
means any governmental rental or individual’s circumstances may permit, COVID-19 from one U.S, State or U.S.
housing payment benefits available to taking into account other territory into any other U.S. State or
the individual or any household nondiscretionary expenses; and
(5) eviction would likely render the
USS. territory; and
‘* supporting response efforts to
member.
“Available housing” means any individual homeless—or force the COVID-19 at the Federal, State, local,
available, unoccupied residential individual to move into and live in
close quarters in a new congregate or
territorial, and tribal levels.
property, or other space for occupancy Background
in any seasonal or temporary housing, shared living setting—because the
individual has no other available There is currently a pandemic of a
that would not violate Federal, State, or
local occupancy standards and that housing options, respiratory disease (“COVID—19")
would not result in an overall increase “Evict” and “Eviction” means any caused by a novel coronavirus (SARS—
of housing cost to such individual. action by a landlord, owner of a COV-2) that has now spread globally,
“Covered person” 5 means any tenant, residential property, or other person including cases reported in all fifty
lessee, or resident of a residential with a legal right to pursue eviction or states within the United States plus the
property who provides to their landlord, a possessory action, to remove or cause District of Columbia and U.S. territories
the owner of the residential property, or the removal of a covered person from a (excepting American Samoa). As of
residential property. This does not August 24, 2020, there were over
“For purposes of this Order, “person” includes include foreclosure on a home mortgage. 23,000,000 cases of COVID-19 globally
corporations, companies, associations, firms, Residential property” means any resulting in over 800,000 deaths; over
partnerships, societies, and joint stock companies, property leased for residential purposes, 5,500,000 cases have been identified in
as well as individuals. including any house, building, mobile the United States, with new cases being
This definition is based on factors that are
known to contribute to evictions and thus increase
home or land in a mobile home park, or reported daily and over 174,000 deaths
the need for individuals to move into close quarters due to the disease.
in new congregate or shared living arrangements or 6 According to one study, the national two- The virus that causes COVID-19
experience homelessness. Individuals who suffer bedroom housing wage in 2020 was $23.96 per hour spreads very easily and sustainably
job loss, have limited financial resources, are low
income, or have high out-of-pocket medical
(approximately, $49,837 annually), meaning that an
hourly wage of $23.96 was needed to afford a
between people who are in close contact
expenses aro more likely to be evicted for modest two bedroom house without spending more with one another (within about 6 feet),
nonpayment of rent than others not experiencing than 30% of one’s income on rent. The hourly wage mainly through respiratory droplets
these factors. See Desmond, M., Gershenson, C., needed in Hawaii (the highest cost U.S. State for produced when an infected person
Who gets evicted? Assessing individual, rent) was $38.76 (approximately $80,621 annually). coughs, sneezes, or talks. Some people
neighborhood, and network factors, Social Science See National Low-Income Housing Coalition, Out of without symptoms may be able to
Research 62 (2017), 366-377, http://dx. Reach: The High Gost of Housing 2020, available at:
10.1016/j.sstesearch.2016.08.017, (identi job hittps://reports.nlihc.org/oor. As further explained spread the virus. Among adults, the risk
loss as a possible predictor of eviction because herein, because this Order is intended to serve the for severe illness from COVID-19
renters who lose their jobs experience not only a ical public health goal of preventing evicted increases with age, with older adults at
sudden loss of income but also the loss of individuals from potentially contributing to the highest risk. Severe illness means that
interstate spread of COVID-19 through movement
predictable future income). According to one
survey, over one quarter (26%) of respondents also into close quarters in new congregate, shared persons with COVID-19 may require
identified job loss as the primary cause of housing settings, or though homelessness, the hospitalization, intensive care, or a
homelessness. See 2019 San Francisco Homeless higher income thresholds listed here have been ventilator to help them breathe, and
Point-in-Time Count & Survey, page 22, available determined to better serve this goal may be fatal. People of any age with
at: https://hsh.sfgov.org/wp-content/uploads/2020/ 7 An extraordinary medical expense is any
01/2019HIRDReport_SanFrancisco_FinalDraft- unreimbursed medical expense likely to exceed certain underlying medical conditions,
1p 7.5% of one’s adjusted gross income for the year. such as cancer, an
55294 Federal Register/Vol. 85, No. 173/Friday, September 4, 2020/Notices
immunocompromised state, obesity, restrictive than the requirements in this index case of COVID-19 than other
serious heart conditions, and diabetes, Order. close contacts.1?
are at increased risk for severe illness Additionally, this Order shall not Shared housing is not limited to
from COVID-19.%
COVID-19 presents a historic threat to
apply to American Samoa, which has friends and family. It includes a broad
range of settings, including transitional
reported no cases of COVID-19, until
public health. According to one recent such time as cases are reported. housing, and domestic violence and
study, the mortality associated with abuse shelters. Special considerations
COVID-19 during the early phase of the This Order is a temporary eviction
moratorium to prevent the further
exist for such housing because of the
outbreak in New York City was challenges of maintaining social
comparable to the peak mortality spread of COVID-19. This Order does distance. Residents often gather closely
observed during the 1918 H1N1 not relieve any individual of any or use shared equipment, such as
influenza pandemic.® During the 1918 obligation to pay rent, make a housing kitchen appliances, laundry facilities,
H1N1 influenza pandemic, there were payment, or comply with any other stairwells, and elevators. Residents may
approximately 50 million influenza- obligation that the individual may have have unique needs, such as disabilities,
related deaths worldwide, including under a tenancy, lease, or similar cognitive decline, or no access to
675,000 in the United States. To contract. Nothing in this Order technology, and thus may find it more
respond to this public health threat, the precludes the charging or collecting of difficult to take actions to protect
Federal, State, and local governments fees, penalties, or interest as a result of themselves from COVID-19. CDC
have taken unprecedented or the failure to pay rent or other housing recommends that shelters provide new
exceedingly rare actions, including payment on a timely basis, under the residents with a clean mask, keep them
border closures, restrictions on travel, terms of any applicable contract. isolated from others, screen for
stay-at-home orders, mask requirements, Nothing in this Order precludes symptoms at entry, or arrange for
and eviction moratoria. Despite these evictions based on a tenant, lessee, or medical evaluations as needed
significant efforts, COVID-19 continues resident: (1) Engaging in criminal depending on symptoms.
to spread and further action is needed. activity while on the premises; (2) Accordingly, an influx of new residents
In the context of a pandemic, eviction threatening the health or safety of other at facilities that offer support services
moratoria—like quarantine, isolation, residents; "9 (3) damaging or posing an could potentially overwhelm staff and,
and social distancing—can be an immediate and significant risk of if recommendations are not followed,
effective public health measure utilized damage to property; (4) violating any ead to exposures.
to prevent the spread of communicable applicable building code, health Congress passed the Coronavirus Aid,
disease. Eviction moratoria facilitate ordinance, or similar regulation relating Relief, and Economic Security (CARES)
self-isolation by people who become ill to health and safety; or (5) violating any Act (Pub. L. 116-136) to aid individuals
and businesses adversely affected by
or who are at risk for severe illness from other contractual obligation, other than
COVID-19 due to an underlying COVID-19. Section 4024 of the CARES
the timely payment of rent or similar
medical condition. They also allow housing-related payment (including Act provided a 120-day moratorium on
State and local authorities to more non-payment or late payment of fees, eviction filings as well as other
easily implement stay-at-home and penalties, or interest),
protections for tenants in certain rental
social distancing directives to mitigate properties with Federal assistance or
the community spread of COVID-19. Eviction and Risk of COVID-19 federally related financing. These
Furthermore, housing stability helps Transmission protections helped alleviate the public
protect public health because health consequences of tenant
Evicted renters must move, which displacement during the COVID-19
homelessness increases the likelihood of leads to multiple outcomes that increase pandemic. The CARES Act eviction
individuals moving into close quarters the risk of COVID-19 spread.
in congregate settings, such as homeless moratorium expired on July 24, 2020.14
Specifically, many evicted renters move The protections in the CARES Act
shelters, which then puts individuals at
higher risk to COVID-19.
into close quarters in shared housing or supplemented temporary eviction
other congregate settings. According to moratoria and rent freezes implemented
Applicability the Census Bureau American Housing by governors and local officials using
This Order does not apply in any
Survey, 32% of renters reported that emergency powers.
they would move in with friends or Researchers estimated that this
State, local, territorial, or tribal area family members upon eviction, which
with a moratorium on residential temporary Federal moratorium provided
would introduce new household relief to a material portion of the
evictions that provides the same or membors and potentially increase nation’s roughly 43 million renters.15
greater level of public-health protection household crowding." Studies show
than the requirements listed in this
Order. In accordance with 42 U.S.C.
that COVID-19 transmission occurs 12 Bi Q, Wu Y, Mei S, ot al. Epidemiology and
readily within households; household transmission of COVID-19 in 391 cases and 1286
264(e), this Order does not preclude contacts are estimated to be 6 times of their close contacts in Shenzhen, China: a
State, local, territorial, and tribal more likely to become infected by an retrospective cohort study. Lancet Infect Dis 2020,
authorities from imposing additional Ahttps://doi.org/10.1016/S1473-3099(20)30287-5.
18 See CDC COVID-19 Guidance for Shared or
requirements that provide greater Congregate Housing, available at: https://
public-health protection and are more 19 Individuals who might have COVID-19 are
advised to stay home except to get medical care. www.cde,gov/coronavirus/2019-ncov/community/
Accordingly, individuals who might have COVID- shared-congregate-house/guidance-shared-
®CDG, People with Certain Medical Conditions, 19 and take reasonable precautions to not spread congregate-housing.html.
Attps://www.cdc.gov/coronavirus/2019-ncov/need- the disease should not be evicted on the ground that 14 Because evictions generally require 30-days’
extra-precautions/people-with-medical- they may pose a health or safety threat to other notice, the effects of housing displacement due to
conditions.html (accessed August 26, 2020). residents. See What to Do if You are Sick, available the expiration of the CARES act are not expected
®Faust JS, Lin Z, del Rio C. Comparison of at https://www.cde.gov/coronavirus/2019-ncov/if- to manifest until August 27, 2020.
Estimated Excess Deaths in New York City During ‘you-are-sick/steps-when-sick.html. 15 See Congressional Research Service, CARES
the COVID-19 and 1918 Influenza Pandemics. 11 United States Census Bureau, American. Act Eviction Moratorium, (April 7, 2020) available
JAMA New Open. 2020;3(8):¢2017527. doi:10.1001/ Housing Survey, 2017. https://www.census.gov/ at: https://ersreports.congress.gov/product/pdf/IN/
jamanetworkopen.2020.17527. programs-surveys/ahs.html. IN11320,
Federal Register/Vol. 85, No. 173/Friday, September 4, 2020/Notices 55295
Approximately 12.3 million rental units some individuals and families who are individuals who become homeless.
have federally backed financing, evicted may originally stay with family Shelters that do not adhere to the
representing 28% of renters. Other data or friends, but subsequently seek guidance, and operate at ordinary or
show more than 2 million housing homeless services. Among people who increased occupancy, are at greater risk
vouchers along with approximately 2 entered shelters throughout the United for the types of outbreaks described
million other federally assisted rental States in 2017, 27% were staying with above. The challenge of mitigating
units.16 family or friends beforehand.?% disease transmission in homeless
The Federal moratorium, however, People experiencing homelessness are shelters has been compounded because
did not reach all renters. Many renters a high-risk population. It may be more some organizations have chosen to stop
who fell outside the scope of the Federal difficult for these persons to or limit volunteer access and
moratorium were protected under State consistently access the necessary participation.
and local moratoria. In the absence of resources in order to adhere to public In the context of the current
State and local protections, as many as health recommendations to prevent pandemic, large increases in evictions
30-40 million people in America could COVID-19. For instance, it may not be could have at least two potential
be at risk of eviction.17 A wave of possible to avoid certain congregate negative consequences. One is if
evictions on that scale would be settings such as homeless shelters, or homeless shelters increase occupancy in
unprecedented in modern times.18 A.
large portion of those who are evicted
easily access facilities to engage in
handwashing with soap and water.
ways that increase the exposure risk to
COVID-19. The other is if homeless
may move into close quarters in shared Extensive outbreaks of COVID-19 shelters turn away the recently
housing or, as discussed below, become have been identified in homeless homeless, who could become
homeless, thus contributing to the shelters.?4 In Seattle, Washington, unsheltered, and further contribute to
spread of COVID-19.
The statistics on interstate moves
network of three related homeless
shelters experienced an outbreak that
the spread of COVID-19, Neither
consequence is in the interest of the
show that mass evictions would likely led to 43 cases among residents and staff public health.
increase the interstate spread of COVID- members.?5 In Boston, Massachusetts, The risk of COVID-19 spread
19. Over 35 million Americans,
Preview
Filing # 121229220 E-Filed 02/11/2021 11:59:20 AM IN THE COUNTY COURT FOR DUVAL COUNTY, FLORIDA CASE NO.: 2020-CC-9571 Majestic Plaza Apt FL LLC, Plaintiff, v. Valisha S. Teague Defendant(s). MOTION FOR HEARING TO DETERMINE WHETHER DEFENDANT IS PROTECTED BY THE CDC ORDER AND MOTION FOR FINAL JUDGMENT AND MEMORANDUM OF LAW Plaintiff, Majestic Plaza Apt FL LLC (“Landlord”), by and through undersigned counsel, hereby files this Motion for Hearing to Determine Whether Defendant is Protected by the CDC Order, and Motion for Final Judgment for eviction, and Memorandum of Law in support thereof, and states as follows: 1 Plaintiff terminated Defendant’s month to month tenancy by serving a Notice of Termination of Month to Month Tenancy. 2. Defendant refused to vacate at the expiration of the notice. 3. Plaintiff filed a Complaint for possession of real property as authorized and governed by Florida Statutes, § 83.57. 4, On or about September 4, 2020, the Department of Health and Human Services and the Centers for Disease Control and Prevent (the "CDC") issued an Order (“CDC Order”, attached hereto as Exhibit A) under Section 361 of the Public Health Service Act to temporarily halt certain non-payment of rent residential eviction actions. 5. Subsequent to the filing of the eviction complaint Defendant filed a CDC Declaration, alleging protection under CDC Order. 6. Defendant is not a covered person because this action is based on termination of month to month tenancy, and therefore the CDC Declaration does not apply. Page 1of 5 ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 02/11/2021 01:32:49 PM 7. Florida Statutes Chapter 83.57 states that a tenancy may be terminated by either party giving written notice in the manner provided in § 83.56(4), as follows: “When the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period.” Here, Plaintiff gave notice to the Defendant no less than 15 days prior to the end of the monthly rental period, so the lease expired by operation of law and the tenant was required to surrender the premises upon expiration of the notice. 8. Defendant’s defenses should be struck because Defendant continues to holdover without Plaintiffs permission and has failed to deposit the rent which has accrued into the Court registry. Florida Statutes Chapter 83.60 states in part that in an action for possession of a dwelling unit, the tenant shall pay into the registry of the court the accrued rent and all rent that accrues. Here, Plaintiff has filed an action for possession. Defendant has wrongfully withheld possession and has failed to deposit the accrued rent into the court registry. WHEREFORE, Plaintiff ask the Court to: WHEREFORE, Plaintiff ask the Court to: 1 Enter an Order determining that Defendant is not protected by the CDC Order. 2 Enter an Order Striking Defendant’s Pleading and Granting final judgment for possession of the premises to the Plaintiff together with costs and attorney fees in this action and all other relief requested in the Plaintiff's Complaint. Enter an Order that Defendant deposit the rent that has accrued since the filing of Plaintiffs complaint, and the rent which continues to accrue. MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF’S ASSERTION THAT DEFENDANT IS NOT A “COVERED PERSON” PURSUANT TO THE CDC ORDER DATED SEPTEMBER 4, 2020 1 CDC Order provides “a landlord... 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.” Page 2 of 5 2 A “covered person” is defined as an individual who provides an executed copy of the “Declaration form”, or a similar declaration under penalty of perjury, to their landlord and meets the standards therein.! 3 While CDC Order does not expressly provide a procedure to determine whether a tenant qualifies as a “covered person”, the post-order filings/disclosures by the CDC have uniformly agreed the trial court may conduct an inquiry to determine whether a tenant qualifies as a “covered person”.? 4 To wit, the CDC recently issued a “frequently asked questions” disclosure (attached hereto as Exhibit B), accessible via: https://www.cdc.gov/coronavirus/2019- ncov/downloads/eviction-moratoria-order-faqs.pdf, which provides on page 6: What can a landlord do if a tenant has declared that they area covered person under the CDC Order, but the landlord dodoes [sic] not believe the tenant actually qualifies? The Order does not preclude a landlord from challenging the truthfulness of a tenant’s declaration in any state or municipal court. The protections of the Order apply to the tenant until the court decides the issue as long as the Order remains in effect. 5. Additionally, in response to the plaintiffs motion for a temporary injunction barring enforcement of CDC Order in case no. 1:20-cv-3702-JPB of the United States District 1 A “covered person” must 1) have used best efforts to obtain all available government assistance for rent or housing; 2) 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; 3) be unable to pay 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 out of-pocket medical expenses; 4) have employed 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) if evicted 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 due to no other available housing options. 2 The CDC Order is not vague with respect to evictions which are not related to non-payment of rent, which are expressly permitted. See Exhibit A (“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)”. Page 3 of 5 Court for the Northern District of Georgia, the United States Department of Justice served a 57- page memorandum in opposition which crucially provides: Nor does the CDC Order unlawfully deny Plaintiffs access to the courts... Most importantly, the Order does not prevent a landlord from filing an eviction action in state court. First, the Order expressly permits eviction for various reasons other than nonpayment of rent. See 85 Fed. Reg. at 55294 (property damage, criminal activity, etc.). Second, nowhere does the Order prohibit a landlord from attempting to demonstrate that a tenant has wrongfully claimed its protections. And third, even where a tenant is entitled to its protections, the Order does not bar a landlord from commencing a state court eviction proceeding, provided that that actual eviction does not occur while the Order remains in place. See id. at 55292 (“the order prevents these persons from being evicted or removed from where they are living through December 31, 2020”); id. at 55293 (defining “evict” as “to remove or cause the removal of”). (relevant portions highlighted and attached hereto as Exhibit C). 6. Because CDC Order was/is not intended to restrict a landlord’s due process right for review and determination whether a tenant properly qualifies as a “covered person”? Landlord respectfully moves this Court to set an evidentiary hearing to determine whether Defendant(s) qualify as “covered person(s)” under CDC Order and specifically determine whether Defendant(s): a. Employed 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; Are unable to pay 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 out of-pocket medical expenses; and 3 Due process has been defined in non-criminal situations as contemplating reasonable notice and an opportunity to appear and be heard. Sheffey v. Futch, 250 So. 2d 907, 910 (Fla. 4th DCA 1971). Due process is a relative term which must be shaped to the requirements of each class of litigation. Id. See also Farrell v. Farrell, 84 So. 3d 477, 478 (Fla. 2d DCA 2012) (“A trial court's failure to allow a party to present evidence and to be heard on the issues pending before the court constitutes a denial of due process”), Minakan v. Husted, 27 So. 3d 695, 698-99 (Fla. 4th DCA 2010) (holding that it was a violation of due process to refuse to allow the wife to testify and present evidence on a disputed issue of fact), Minkoff v. Caterpillar Fin. Servs. Corp., 103 So. 3d 1049 (Fla. 4th DCA 2013)(holding trial court violated due process rights in not allowing the defendants the right to be heard and present evidence on the issue of attorney's fees), Connors v. Connors, 327 So. 2d 877 (Fla. 2d DCA 1976) (holding appellant was not afforded due process because he was denied the opportunity to prepare and present evidence relevant to the issue of permanent custody and thereby was not afforded the opportunity for a meaningful hearing on the custody issue). Page 4 of 5 c 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). CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing has been furnished to all parties registered for efiling service on this 11 day of February 2021. ZS/ Jerron Kelley Jerron Kelley Esq. Florida Bar No. 544191 KELLEY & GRANT, PA 370 Camino Gardens Blvd Suite 301 Boca Raton, FL 33432 1-877-871-8300 Fax: 1-877-838-2912 Email: eservice@kelleygrantlaw.com Page 5 of 5 EXHIBIT A 55292 Federal Register/Vol. 85, No. 173/Friday, September 4, 2020/Notices DEPARTMENT OF HEALTH AND immunocompromised state, obesity, eviction or possessory action, shall not HUMAN SERVICES serious heart conditions, and diabetes, evict any covered person from any are at increased risk for severe illness residential property in any jurisdiction Centers for Disease Control and from COVID-19.1 to which this Order applies during the Prevention COVID-19 presents a historic threat to effective period of the Order. This Order public health. According to one recent does not apply in any State, local, Temporary Halt in Residential territorial, or tribal area with a study, the mortality associated with Evictions To Prevent the Further COVID-19 during the early phase of the moratorium on residential evictions that Spread of COVID-19 outbreak in New York City was provides the same or greater level of AGENCY: Centers for Disease Control and comparable to the peak mortality public-health protection than the Prevention (CDC), Department of Health observed during the 1918 H1N1 requirements listed in this Order. Nor and Human Services (HHS). influenza pandemic.? During the 1918 does this order apply to American ACTION: Agency Order. H1N1 influenza pandemic, there were Samoa, which has reported no cases of approximately 50 million influenza- COVID-19, until such time as cases are SUMMARY: The Centers for Disease related deaths worldwide, including reported. Control and Prevention (CDC), located 675,000 in the United States. To In accordance with 42 U.S.C. 264(e), within the Department of Health and respond to this public health threat, the this Order does not preclude State, Human Services (HHS) announces the Federal, State, and local governments local, territorial, and tribal authorities issuance of an Order under Section 361 have taken unprecedented or from imposing additional requirements of the Public Health Service Act to exceedingly rare actions, including that provide greater public-health temporarily halt residential evictions to border closures, restrictions on travel, protection and are more restrictive than prevent the further spread of COVID-19. stay-at-home orders, mask requirements, the requirements in this Order. DATES: This Order is effective and eviction moratoria. Despite these This Order is a temporary eviction September 4, 2020 through December best efforts, COVID-19 continues to moratorium to prevent the further 31, 2020, spread and further action is needed. spread of COVID-19. This Order does not relieve any individual of any FOR FURTHER INFORMATION CONTACT: In the context of a pandemic, eviction obligation to pay rent, make a housing Nina Witkofsky, Acting Chief of Staff, moratoria—like quarantine, isolation, Centers for Disease Control and and social distancing—can be an payment, or comply with any other obligation that the individual may have Prevention, 1600 Clifton Road NE, MS effective public health measure utilized under a tenancy, lease, or similar H21--10, Atlanta, GA 30329; Telephone: to prevent the spread of communicable contract. Nothing in this Order 404-639-7000; Email: cdcregulations@ disease. Eviction moratoria facilitate precludes the charging or collecting of cdc.gov. self-isolation by people who become ill fees, penalties, or interest as a result of or who are at risk for severe illness from SUPPLEMENTARY INFORMATION: COVID-19 due to an underlying the failure to pay rent or other housing Background medical condition. They also allow payment on a timely basis, under the State and local authorities to more terms of any applicable contract. There is currently a pandemic of a respiratory disease (“COVID-19") easily implement stay-at-home and Renter’s or Homeowner’s Declaration caused by a novel coronavirus (SARS— social distancing directives to mitigate Attachment A is a Declaration form COV-2) that has now spread globally, the community spread of COVID-19. that tenants, lessees, or residents of including cases reported in all fi Furthermore, housing stability helps residential properties who are covered states within the United States plus the protect public health because by the CDC’s order temporarily halting District of Columbia and U.S. territories homelessness increases the likelihood of residential evictions to prevent the (excepting American Samoa). As of individuals moving into congregate further spread of COVID-19 may use. To August 24, 2020, there were over settings, such as homeless shelters, invoke the CDC’s order these persons 23,000,000 cases of COVID-19 globally which then puts individuals at higher must provide an executed copy of the resulting in over 800,000 deaths; over risk to COVID-19. The ability of these Declaration form (or a similar 5,500,000 cases have been identified in settings to adhere to best practices, such declaration under penalty of perjury) to the United States, with new cases being as social distancing and other infection their landlord, owner of the residential reported daily and over 174,000 deaths control measures, decreases as property where they live, or other due to the disease. populations increase. Unsheltered person who has a right to have them The virus that causes COVID-19 homelessness also increases the risk that evicted or removed from where they spreads very easily and sustainably individuals will experience severe live. Each adult listed on the lease, between people who are in close contact illness from COVID-19. rental agreement, or housing contract with one another (within about 6 feet), Applicability should likewise complete and provide a mainly through respiratory droplets declaration. Unless the CDC order is produced when an infected person Under this Order, a landlord, owner extended, changed, or ended, the order coughs, sneezes, or talks. Some people of a residential property, or other prevents these persons from being without symptoms may be able to person # with a legal right to pursue evicted or removed from where they are spread the virus. Among adults, the risk living through December 31, 2020. for severe illness from COVID-19 CDG, People with Certain Medical Conditions, These persons are still required to pay increases with age, with older adults at https://www.cde.gov/coronavirus/2019-ncov/need- extra-precautions/people-with-medical- rent and follow all the other terms of highest risk. Severe illness means that conditions.html (accessed August 26, 2020). their lease and rules of the place where persons with COVID-19 may require 2 Faust JS, Lin Z, del Rio C. Comparison of they live. These persons may also still hospitalization, intensive care, or a Estimated Excess Deaths in New York City During be evicted for reasons other than not the COVID-19 and 1918 Influenza Pandemics. ventilator to help them breathe, and 1.1001/ paying rent or making a housing may be fatal. People of any age with JAMA New Open. 2020;3(8):e2017527. de jamanetworkopen.2020.17527. certain underlying medical conditions, 3For purposes of this Order, “person” includes partnerships, societies, and joint stock companies, such as cancer, an corporations, companies, associations, firms, as well as individuals. Federal Register/Vol. 85, No. 173/Friday, September 4, 2020/Notices 55293 payment. Executed declarations should other person with a legal right to pursue similar dwelling leased for residential not be returned to the Federal eviction or a possessory action, a purposes, but shall not include any Government. declaration under penalty of perjury hotel, motel, or other guest house rented Centers for Disease Control and indicating that: to a temporary guest or seasonal tenant (1) The individual has used best as defined under the laws of the State, Prevention, Department of Health and Human Services efforts to obtain all available territorial, tribal, or local jurisdiction government assistance for rent or “State” shall have the same definition Order Under Section 361 of the Public housin; as under 42 CFR 70.1, meaning “any of Health Service Act (42 U.S.C, 264) and (2) TI fhe individual either (i) expects to the 50 states, plus the District of 42 CFR 70.2 earn no more than $99,000 in annual Columbia. Temporary Halt in Residential income for Calendar Year 2020 (or no “U.S, territory” shall have the same Evictions To Prevent the Further more than $198,000 if filing a joint tax definition as under 42 CFR 70.1. Spread of COVID-19 return),® (ii) was not required to report meaning “any territory (also known as any income in 2019 to the U.S, Internal possessions) of the United States, Summary Revenue Service, or (iii) received an including American Samoa, Guam, the Notice and Order; and subject to the Economic Impact Payment (stimulus Northern Mariana Islands, the limitations under “Applicability’ check) pursuant to Section 2201 of the Commonwealth of Puerto Rico, and the Under 42 CFR 70.2, a landlord, owner CARES Act; U.S. Virgin Islands.” of a residential property, or other (3) the individual is unable to pay the Statement of Intent person with a legal right to pursue full rent or make a full housing payment eviction or possessory action, shall not due to substantial loss of household This Order shall be interpreted and evict any covered person from any income, loss of compensable hours of implemented in a manner as to achieve residential property in any jurisdiction work or wages, a lay-off, or the following objectives: ¢ Mitigating the spread of COVID-19 to which this Order applies during the extraordinary 7 out-of-pocket medical jenses; within congregate or shared living effective period of the Order. (4) the individual is using best efforts settings, or through unsheltered Definitions to make timely partial payments that are homelessness; “Available government assistance as close to the full payment as the ¢ mitigating the further spread of means any governmental rental or individual’s circumstances may permit, COVID-19 from one U.S, State or U.S. housing payment benefits available to taking into account other territory into any other U.S. State or the individual or any household nondiscretionary expenses; and (5) eviction would likely render the USS. territory; and ‘* supporting response efforts to member. “Available housing” means any individual homeless—or force the COVID-19 at the Federal, State, local, available, unoccupied residential individual to move into and live in close quarters in a new congregate or territorial, and tribal levels. property, or other space for occupancy Background in any seasonal or temporary housing, shared living setting—because the individual has no other available There is currently a pandemic of a that would not violate Federal, State, or local occupancy standards and that housing options, respiratory disease (“COVID—19") would not result in an overall increase “Evict” and “Eviction” means any caused by a novel coronavirus (SARS— of housing cost to such individual. action by a landlord, owner of a COV-2) that has now spread globally, “Covered person” 5 means any tenant, residential property, or other person including cases reported in all fifty lessee, or resident of a residential with a legal right to pursue eviction or states within the United States plus the property who provides to their landlord, a possessory action, to remove or cause District of Columbia and U.S. territories the owner of the residential property, or the removal of a covered person from a (excepting American Samoa). As of residential property. This does not August 24, 2020, there were over “For purposes of this Order, “person” includes include foreclosure on a home mortgage. 23,000,000 cases of COVID-19 globally corporations, companies, associations, firms, Residential property” means any resulting in over 800,000 deaths; over partnerships, societies, and joint stock companies, property leased for residential purposes, 5,500,000 cases have been identified in as well as individuals. including any house, building, mobile the United States, with new cases being This definition is based on factors that are known to contribute to evictions and thus increase home or land in a mobile home park, or reported daily and over 174,000 deaths the need for individuals to move into close quarters due to the disease. in new congregate or shared living arrangements or 6 According to one study, the national two- The virus that causes COVID-19 experience homelessness. Individuals who suffer bedroom housing wage in 2020 was $23.96 per hour spreads very easily and sustainably job loss, have limited financial resources, are low income, or have high out-of-pocket medical (approximately, $49,837 annually), meaning that an hourly wage of $23.96 was needed to afford a between people who are in close contact expenses aro more likely to be evicted for modest two bedroom house without spending more with one another (within about 6 feet), nonpayment of rent than others not experiencing than 30% of one’s income on rent. The hourly wage mainly through respiratory droplets these factors. See Desmond, M., Gershenson, C., needed in Hawaii (the highest cost U.S. State for produced when an infected person Who gets evicted? Assessing individual, rent) was $38.76 (approximately $80,621 annually). coughs, sneezes, or talks. Some people neighborhood, and network factors, Social Science See National Low-Income Housing Coalition, Out of without symptoms may be able to Research 62 (2017), 366-377, http://dx. Reach: The High Gost of Housing 2020, available at: 10.1016/j.sstesearch.2016.08.017, (identi job hittps://reports.nlihc.org/oor. As further explained spread the virus. Among adults, the risk loss as a possible predictor of eviction because herein, because this Order is intended to serve the for severe illness from COVID-19 renters who lose their jobs experience not only a ical public health goal of preventing evicted increases with age, with older adults at sudden loss of income but also the loss of individuals from potentially contributing to the highest risk. Severe illness means that interstate spread of COVID-19 through movement predictable future income). According to one survey, over one quarter (26%) of respondents also into close quarters in new congregate, shared persons with COVID-19 may require identified job loss as the primary cause of housing settings, or though homelessness, the hospitalization, intensive care, or a homelessness. See 2019 San Francisco Homeless higher income thresholds listed here have been ventilator to help them breathe, and Point-in-Time Count & Survey, page 22, available determined to better serve this goal may be fatal. People of any age with at: https://hsh.sfgov.org/wp-content/uploads/2020/ 7 An extraordinary medical expense is any 01/2019HIRDReport_SanFrancisco_FinalDraft- unreimbursed medical expense likely to exceed certain underlying medical conditions, 1p 7.5% of one’s adjusted gross income for the year. such as cancer, an 55294 Federal Register/Vol. 85, No. 173/Friday, September 4, 2020/Notices immunocompromised state, obesity, restrictive than the requirements in this index case of COVID-19 than other serious heart conditions, and diabetes, Order. close contacts.1? are at increased risk for severe illness Additionally, this Order shall not Shared housing is not limited to from COVID-19.% COVID-19 presents a historic threat to apply to American Samoa, which has friends and family. It includes a broad range of settings, including transitional reported no cases of COVID-19, until public health. According to one recent such time as cases are reported. housing, and domestic violence and study, the mortality associated with abuse shelters. Special considerations COVID-19 during the early phase of the This Order is a temporary eviction moratorium to prevent the further exist for such housing because of the outbreak in New York City was challenges of maintaining social comparable to the peak mortality spread of COVID-19. This Order does distance. Residents often gather closely observed during the 1918 H1N1 not relieve any individual of any or use shared equipment, such as influenza pandemic.® During the 1918 obligation to pay rent, make a housing kitchen appliances, laundry facilities, H1N1 influenza pandemic, there were payment, or comply with any other stairwells, and elevators. Residents may approximately 50 million influenza- obligation that the individual may have have unique needs, such as disabilities, related deaths worldwide, including under a tenancy, lease, or similar cognitive decline, or no access to 675,000 in the United States. To contract. Nothing in this Order technology, and thus may find it more respond to this public health threat, the precludes the charging or collecting of difficult to take actions to protect Federal, State, and local governments fees, penalties, or interest as a result of themselves from COVID-19. CDC have taken unprecedented or the failure to pay rent or other housing recommends that shelters provide new exceedingly rare actions, including payment on a timely basis, under the residents with a clean mask, keep them border closures, restrictions on travel, terms of any applicable contract. isolated from others, screen for stay-at-home orders, mask requirements, Nothing in this Order precludes symptoms at entry, or arrange for and eviction moratoria. Despite these evictions based on a tenant, lessee, or medical evaluations as needed significant efforts, COVID-19 continues resident: (1) Engaging in criminal depending on symptoms. to spread and further action is needed. activity while on the premises; (2) Accordingly, an influx of new residents In the context of a pandemic, eviction threatening the health or safety of other at facilities that offer support services moratoria—like quarantine, isolation, residents; "9 (3) damaging or posing an could potentially overwhelm staff and, and social distancing—can be an immediate and significant risk of if recommendations are not followed, effective public health measure utilized damage to property; (4) violating any ead to exposures. to prevent the spread of communicable applicable building code, health Congress passed the Coronavirus Aid, disease. Eviction moratoria facilitate ordinance, or similar regulation relating Relief, and Economic Security (CARES) self-isolation by people who become ill to health and safety; or (5) violating any Act (Pub. L. 116-136) to aid individuals and businesses adversely affected by or who are at risk for severe illness from other contractual obligation, other than COVID-19 due to an underlying COVID-19. Section 4024 of the CARES the timely payment of rent or similar medical condition. They also allow housing-related payment (including Act provided a 120-day moratorium on State and local authorities to more non-payment or late payment of fees, eviction filings as well as other easily implement stay-at-home and penalties, or interest), protections for tenants in certain rental social distancing directives to mitigate properties with Federal assistance or the community spread of COVID-19. Eviction and Risk of COVID-19 federally related financing. These Furthermore, housing stability helps Transmission protections helped alleviate the public protect public health because health consequences of tenant Evicted renters must move, which displacement during the COVID-19 homelessness increases the likelihood of leads to multiple outcomes that increase pandemic. The CARES Act eviction individuals moving into close quarters the risk of COVID-19 spread. in congregate settings, such as homeless moratorium expired on July 24, 2020.14 Specifically, many evicted renters move The protections in the CARES Act shelters, which then puts individuals at higher risk to COVID-19. into close quarters in shared housing or supplemented temporary eviction other congregate settings. According to moratoria and rent freezes implemented Applicability the Census Bureau American Housing by governors and local officials using This Order does not apply in any Survey, 32% of renters reported that emergency powers. they would move in with friends or Researchers estimated that this State, local, territorial, or tribal area family members upon eviction, which with a moratorium on residential temporary Federal moratorium provided would introduce new household relief to a material portion of the evictions that provides the same or membors and potentially increase nation’s roughly 43 million renters.15 greater level of public-health protection household crowding." Studies show than the requirements listed in this Order. In accordance with 42 U.S.C. that COVID-19 transmission occurs 12 Bi Q, Wu Y, Mei S, ot al. Epidemiology and readily within households; household transmission of COVID-19 in 391 cases and 1286 264(e), this Order does not preclude contacts are estimated to be 6 times of their close contacts in Shenzhen, China: a State, local, territorial, and tribal more likely to become infected by an retrospective cohort study. Lancet Infect Dis 2020, authorities from imposing additional Ahttps://doi.org/10.1016/S1473-3099(20)30287-5. 18 See CDC COVID-19 Guidance for Shared or requirements that provide greater Congregate Housing, available at: https:// public-health protection and are more 19 Individuals who might have COVID-19 are advised to stay home except to get medical care. www.cde,gov/coronavirus/2019-ncov/community/ Accordingly, individuals who might have COVID- shared-congregate-house/guidance-shared- ®CDG, People with Certain Medical Conditions, 19 and take reasonable precautions to not spread congregate-housing.html. Attps://www.cdc.gov/coronavirus/2019-ncov/need- the disease should not be evicted on the ground that 14 Because evictions generally require 30-days’ extra-precautions/people-with-medical- they may pose a health or safety threat to other notice, the effects of housing displacement due to conditions.html (accessed August 26, 2020). residents. See What to Do if You are Sick, available the expiration of the CARES act are not expected ®Faust JS, Lin Z, del Rio C. Comparison of at https://www.cde.gov/coronavirus/2019-ncov/if- to manifest until August 27, 2020. Estimated Excess Deaths in New York City During ‘you-are-sick/steps-when-sick.html. 15 See Congressional Research Service, CARES the COVID-19 and 1918 Influenza Pandemics. 11 United States Census Bureau, American. Act Eviction Moratorium, (April 7, 2020) available JAMA New Open. 2020;3(8):¢2017527. doi:10.1001/ Housing Survey, 2017. https://www.census.gov/ at: https://ersreports.congress.gov/product/pdf/IN/ jamanetworkopen.2020.17527. programs-surveys/ahs.html. IN11320, Federal Register/Vol. 85, No. 173/Friday, September 4, 2020/Notices 55295 Approximately 12.3 million rental units some individuals and families who are individuals who become homeless. have federally backed financing, evicted may originally stay with family Shelters that do not adhere to the representing 28% of renters. Other data or friends, but subsequently seek guidance, and operate at ordinary or show more than 2 million housing homeless services. Among people who increased occupancy, are at greater risk vouchers along with approximately 2 entered shelters throughout the United for the types of outbreaks described million other federally assisted rental States in 2017, 27% were staying with above. The challenge of mitigating units.16 family or friends beforehand.?% disease transmission in homeless The Federal moratorium, however, People experiencing homelessness are shelters has been compounded because did not reach all renters. Many renters a high-risk population. It may be more some organizations have chosen to stop who fell outside the scope of the Federal difficult for these persons to or limit volunteer access and moratorium were protected under State consistently access the necessary participation. and local moratoria. In the absence of resources in order to adhere to public In the context of the current State and local protections, as many as health recommendations to prevent pandemic, large increases in evictions 30-40 million people in America could COVID-19. For instance, it may not be could have at least two potential be at risk of eviction.17 A wave of possible to avoid certain congregate negative consequences. One is if evictions on that scale would be settings such as homeless shelters, or homeless shelters increase occupancy in unprecedented in modern times.18 A. large portion of those who are evicted easily access facilities to engage in handwashing with soap and water. ways that increase the exposure risk to COVID-19. The other is if homeless may move into close quarters in shared Extensive outbreaks of COVID-19 shelters turn away the recently housing or, as discussed below, become have been identified in homeless homeless, who could become homeless, thus contributing to the shelters.?4 In Seattle, Washington, unsheltered, and further contribute to spread of COVID-19. The statistics on interstate moves network of three related homeless shelters experienced an outbreak that the spread of COVID-19, Neither consequence is in the interest of the show that mass evictions would likely led to 43 cases among residents and staff public health. increase the interstate spread of COVID- members.?5 In Boston, Massachusetts, The risk of COVID-19 spread 19. Over 35 million Americans,