Public Health Amici Curiae Brief in Support of the Centers for Disease Control and Prevention Eviction Moratorium

56 Pages Posted: 12 Oct 2020 Last revised: 21 Nov 2020

See all articles by Emily A. Benfer

Emily A. Benfer

Wake Forest University School of Law

J.L. Pottenger

Yale University - Law School

Richard Tenenbaum

Yale University - Law School

Wingo Smith

Southern Poverty Law Center

Emilia Todd

Wake Forest University, School of Law

Salvatore Minopoli

Yale University, Law School

Patrick Monaghan

Yale University, Law School

Jacqui Oesterblad

Yale University, Law School

Evan Walker-Wells

Yale University, Law School

Logan Wren

Yale University, Law School

Date Written: October 9, 2020

Abstract

This amici curiae brief was filed in the U.S. District Court for the Northern District of Georgia (2020) in Brown v. Azar on behalf of the American Academy of Pediatrics; American Medical Association; Children’s Healthwatch; The George Consortium; Georgia Chapter, American Academy of Pediatrics; GLMA: Health Professionals Advancing LGBTQ Equality; National Hispanic Medical Association; National Medical Association; North Carolina Pediatric Society, State Chapter Of The American Academy Of Pediatrics; Public Health Law Watch; South Carolina Chapter, American Academy Of Pediatrics; Southern Poverty Law Center; Virginia Chapter, American Academy Of Pediatrics; Emily A. Benfer; Matthew Desmond; Gregg Gonsalves; Danya A. Keene; Kathryn M. Leifheit; Michael Z. Levy; Sabriya A. Linton; Craig E. Pollack; Julia Raifman; Gabriel L. Schwartz; and David Vlahov in support of the defendants and in favor of the Centers for Disease Control and Prevention eviction moratorium.

Eviction moratoriums help reduce the spread of COVID-19. Millions of Americans entered the COVID-19 pandemic vulnerable to eviction due to a preexisting affordable housing crisis. The economic recession and widespread job loss resulting from the pandemic increased hardship among renters, who often lack savings to cover expenses during an emergency. COVID-19-related job and wage loss left millions unable to afford rent. This has created an unprecedented eviction crisis that disproportionately affects low-income populations and communities of color and increases COVID-19 infection and mortality. The Centers for Disease Control and Prevention (“CDC”) issued an agency order (“CDC Order”) to prevent evictions from spreading COVID-19 and worsening public health.

Evidence suggests that eviction moratoriums effectively slow the spread of COVID-19. Without these moratoriums, evictions will likely increase to unseen heights, facilitating the transmission of infectious diseases, including COVID-19. Preliminary research and modeling demonstrate that eviction is associated with in-creased COVID-19 infection and mortality rates. The consequences of eviction (such as overcrowding, homelessness, and housing instability) increase contact with others and hinder compliance with the key strategies to contain COVID-19, including social distancing, self-quarantining, and hand hygiene.

The people most at risk of eviction are particularly vulnerable to COVID-19. Low-income populations are often exposed to social determinants of poor health and have chronic illness or disability and, as such, are at risk of serious complications or death when they contract COVID-19. People of color are more likely to have lost jobs, face eviction, contract COVID-19, lack access to healthcare, and fall severely ill with the virus. Protecting public health during this pandemic re-quires protecting those most likely to contract, spread, and die from COVID-19. These deleterious health impacts and the spread of COVID-19 are tied to the act of eviction itself and are likely quite preventable if eviction is halted under the CDC’s moratorium.

The brief was prepared by Emily A. Benfer, the Yale Law School Jerome N. Frank Legal Services Organization, and the Southern Poverty Law Center in consultation with Yale School of Public Health faculty and with the aid of legal interns at the Wake Forest University School of Law and Yale Law School.

Suggested Citation

Benfer, Emily and Pottenger, J.L. and Tenenbaum, Richard and Smith, Wingo and Todd, Emilia and Minopoli, Salvatore and Monaghan, Patrick and Oesterblad, Jacqui and Walker-Wells, Evan and Wren, Logan, Public Health Amici Curiae Brief in Support of the Centers for Disease Control and Prevention Eviction Moratorium (October 9, 2020). Available at SSRN: https://ssrn.com/abstract=3708504 or http://dx.doi.org/10.2139/ssrn.3708504

Emily Benfer (Contact Author)

Wake Forest University School of Law ( email )

na
Winston Salem, NC Na

J.L. Pottenger

Yale University - Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

Richard Tenenbaum

Yale University - Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

Wingo Smith

Southern Poverty Law Center ( email )

Montgomery, AL
United States

Emilia Todd

Wake Forest University, School of Law

Winston-Salem, NC
United States

Salvatore Minopoli

Yale University, Law School ( email )

127 Wall Street
New Haven, CT 06511
United States

Patrick Monaghan

Yale University, Law School

127 Wall Street
New Haven, CT 06511
United States

Jacqui Oesterblad

Yale University, Law School

127 Wall Street
New Haven, CT 06511
United States

Evan Walker-Wells

Yale University, Law School ( email )

127 Wall Street
New Haven, CT 06511
United States

Logan Wren

Yale University, Law School

127 Wall Street
New Haven, CT 06511
United States

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