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Ex. FED-022 Order Primary source read

CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19

Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19, 85 Fed. Reg. 55292 (Sept. 4, 2020)

Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020) · United States (every State and territory with documented COVID-19 cases lacking an equal or stronger moratorium) (Federal)

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The record

Jurisdiction
United States (every State and territory with documented COVID-19 cases lacking an equal or stronger moratorium)
Level
Federal
Authority
PHS Act § 361 (42 U.S.C. § 264); 42 C.F.R. § 70.2
Issued
2020-09-01 Sept. 1, 2020
Effective
2020-09-04 (publication) through 2020-12-31 (read as 2020-09-04)
End
extended by Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, § 502 to Jan. 31, 2021; then FED-023 (to Mar. 31, 2021), FED-024 (to June 30, 2021), FED-025 (to July 31, 2021); replaced by FED-026 (Aug. 3, 2021) which the Supreme Court vacated Aug. 26, 2021 (Alabama Ass'n of Realtors v. HHS, 594 U.S. ___ (2021)) (Supreme Court order not saved in this folder. (read as 2021-09-30)
In force
Sept. 4, 2020 to Sept. 30, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Courts and public officesOther
Addressees
  • every landlord, owner of residential property and person with a legal right to pursue eviction
  • courts and sheriffs executing evictions (through the federal offense created)
Functions reached
  • PM property management (eviction and possessory actions suspended for covered persons)
  • SV servicing and collections (financial services)
  • CL/CT court and clerk functions (eviction dockets)
  • CB tenant base of real-estate and property-management firms
Collection
Federal health, safety and transport layer FED-A

Operative words

Under 42 CFR 70.2, 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 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.

Enforcement

Criminal: '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... 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' (18 U.S.C. §§ 3559, 3571; 42 U.S.C. § 271; 42 C.F.R. § 70.18)

Notes

A federal order of general application that forbade a class of commercial transactions (possessory actions against covered tenants) in every State without an equal moratorium, from Sept. 4, 2020 through July 31, 2021 and then, for counties of substantial or high transmission, Aug. 3 to Aug. 26, 2021. Real estate (PM, LE), financial services (SV), professional services (CT: landlord-tenant practice), courts. The order's own text notes 'eviction moratoria and other protections from eviction have expired or are set to expire in many jurisdictions.'

Retrieval note

The Renter's Declaration mechanism: 'the order prevents these persons from being evicted or removed from where they are living through December 31, 2020.'.