Recap of the New CDC Eviction Moratorium & Texas Eviction Resources

UPDATED: The United States Supreme Court issued a ruling on August 26, 2021, striking down the CDC eviction moratorium referenced below.

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This blog post summarizes the new CDC eviction moratorium issued on August 3, 2021, as well as provides information on two resources in Texas to help people facing eviction.

Federal CDC Eviction Moratorium Order on August 3, 2021

The new CDC eviction moratorium order, which is currently in effect until October 3, 2021, is more limited in scope than previous orders as it only “applies in U.S. counties experiencing substantial and high levels of community transmission levels of SARS-CoV-2 as defined by CDC, as of August 3, 2021. If a U.S. county that is not covered by this Order as of August 3, 2021 later experiences substantial or high levels of community transmission while this Order is in effect, then that county will become subject to this Order as of the date the county begins experiencing substantial or high levels of community transmission.

The CDC offers the following definitions in relation to the above:

  • Substantial: “Counties experiencing substantial transmission levels are experiencing (I) 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 (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).”

  • High: “High transmission levels [are defined as] (I) ≥ 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).”

To assist with the determination of “substantial” or “high” for a given county, the CDC has created a webpage called, “COVID-19 Integrated County View.” This interface allows users to enter their state and county to determine the level of community transmission in that county; the options are low, moderate, substantial, and high.

Further, the CDC order provides an extensive definition of “covered person,” which sets forth additional applicability requirements.

Texas Eviction Resources

Texas currently has the following two programs/resources in place to help eligible people facing eviction: