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CDC Issues New Eviction Moratorium Order

On August 3, 2021, the CDC issued a new eviction moratorium that will remain in effect until October 3, 2021. Here is what you need to know.

What Has Changed in the New CDC Eviction Moratorium?

It is important to note that the CDC didn’t just extend the expiration date of the prior eviction moratorium (which expired on July 31, 2021). Instead, the CDC changed the applicability of the Order to only apply to counties “experiencing substantial and high levels of community transmission levels of SARS-CoV-2 as defined by CDC, as of August 3, 2021. However, if a county that is not covered by this moratorium  as of August 3, 2021, but later experiences “substantial or high levels of community transmission” before the expiration of this Order, then the provision of this moratorium will apply to the county as of the date the county begins experiencing “substantial or high levels of community transmission.”

How is “Substantial or High Levels of Community Transmission” Defined?

The two terms “substantial” and “high” are provided separate definitions to determine if this order applies; if a county meets either test, then the CDC Moratorium will apply.

The Order defines “Substantial Transmission Levels” as:

“Counties experiencing substantial transmission levels are experiencing (1) 50.99-99.99 new cases in the county in

the past 7 days divided by the population in the county multiplied by 100,000; and (2) 8.00-9.99% positive nucleic

acid amplification tests in the past 7 days (the number of positive tests in the county during the past 7 days divided by

the total number of tests performed in the county during the past 7 days). “

The Order defines “High Transmission Levels” as:

“(1) > 100 new cases in the county in the past 7 days divided by the population in the county multiplied by 100,000; and (2) >10.00% positive nucleic acid amplification tests in the past 7 days (number of positive tests in the county during the past 7 days divided by the total number of tests performed in the county during the past 7 days).”

How Can I Find Transmission Data for the Counties In Which I Conduct Business?

The CDC publishes transmission data weekly for each county at the following website. Therefore, it is essential to check each week to determine whether there has been a change in transmission levels for any counties in which you are doing business.

https://covid.cdc.gov/covid-data-tracker/#county-view

If Transmission Levels Decrease for a County, Does the Order Still Apply?

If a county’s transmission levels decrease and remain lower for 14 consecutive days, then the CDC’s order will no longer apply.

Does the CDC Order Supersede Existing Eviction Moratoriums Applicable to a County?

The CDC order does not apply where a state, local, territorial, or tribal area has an existing moratorium on residential evictions that provides the same or greater level of protection than the current CDC order.

 

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