Eviction Moratorium Update
Latest update on eviction moratorium
The current CDC eviction moratorium was issued on August 3rd and is set to expire October 3rd. The White House refers to this as a "new moratorium" The new moratorium is intended to halt evictions in areas hardest hit by COVID-19 and the delta variant. The CDC said without the moratorium, evictions in these areas would likely boost the number of infections.
On the afternoon of Friday, August 13th, a United States District Court rejected an effort to end the new eviction moratorium despite raising questions about the new order's legality.
United States District Court Judge Friedrich said she would have blocked the eviction order but was unable due to precedent regarding United States Supreme Court rulings. "The Supreme Court did not issue a controlling opinion in this case, and circuit precedent provides that the votes of dissenting justices may not be combined with that of a concurring justice to create binding law," she wrote.
The consensus is that further appeals of this decision and others will take place.
CDC Eviction Moratorium August 3rd through October 3rd
The CDC Eviction Moratorium is focused on halting evictions in parishes and counties with “heightened levels of community transmission.” Application of the moratorium follows the level of COVID infection rates in a given county or parish as tracked by the CDC, which may be lifted or reinstated based on rates of transmission over 14 consecutive days.
But, I thought the United States Supreme Court said the CDC did not have authority to extend the moratorium?
Not exactly.
On May 5, 2021, U.S. District Court Judge Friedrich struck down the nationwide eviction moratorium, calling it unlawful.
The Department of Justice appealed the ruling and filed a motion for an emergency stay, in response to which the court issued a temporary administrative stay – meaning the CDC eviction moratorium remained in place. When a court “stays” a decision it essentially puts the decision on pause when higher courts review it.
The housing providers appealed the stay to the Supreme Court of the United States.
On June 29, 2021, the Supreme Court issued its decision on the case, Alabama Association of REALTORS®, et al. v. Department of Health and Human Services, et al. wherein the Court indicated it agreed with the housing providers that the CDC does not have the authority to issue a nationwide eviction moratorium, but it fell one vote short of lifting the stay of the moratorium before it expired on July 31, 2021.
This is because Justice Kavanaugh concurred with the justices upholding the stay. However, Justice Kavanaugh believed the CDC lacked the Congressional authority to extend the moratorium but concurred because a July 31st expiration of the moratorium would allow for an orderly distribution of rental assistance funds.
I heard a bill to authorize the CDC moratorium extension did not pass. How can the CDC still do this?
You are correct. Legislation was filed in Congress to direct the CDC to extend the eviction moratorium and it did not get the votes to pass.
This effort was made after the White House said that Congress should authorize the extension after the United States Supreme Court indicated the evection moratorium should end July 31st.
The CDC then issued a new and targeted ban on evictions that is set to go through Oct. 3. The White House refers to this as a "new moratorium."
Supporters of the moratorium have acknowledged the action will face legal obstacles, and NAR is currently exploring all potential avenues considering the support it provided to the ongoing litigation brought by the Alabama and Georgia Associations of REALTORS®, two housing providers, and their property management companies.
