Eviction Moratorium Update

Louisiana REALTORS • August 17, 2021

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.

By Louisiana REALTORS® April 3, 2026
This week, the Legislature remained in high gear, and several items relevant to Louisiana’s real estate market moved into focus. The biggest headline for our industry this week was HB 468 by Rep. Troy Hebert , our wholesaling/consumer-protection bill, was slated to be heard on the House floor, however was bumped due to floor congestion and out-of-order bills. It is now expected to be reset for next Tuesday. This bill remains one of the clearest “market integrity” efforts on the board with clearer rules for non-traditional transactions, stronger transparency and better consumer protections. We also continued substantive policy work behind the scenes. We are actively engaging with Rep. Carver on a vacant land disclosure bill he has authored, and we appreciate that he is welcoming our input and guidance as the language is refined. Our goal is straightforward: ensure any vacant land disclosure framework is practical, reduces confusion and avoids unintentionally shifting liability or enforcement burdens onto real estate professionals. In addition, we were pleased to deepen our relationships at the Capitol this week. We had the privilege of hosting a lunch for the Governor’s Office, enjoyed meeting Governor Landry’s team, and look forward to working with them in a constructive, solutions-oriented manner as the session continues. Finally, Rep. Hebert also filed an additional measure that aligns with our legislative agenda and speaks directly to transaction risk management: HB 1027 , which would limit liability for licensed real estate appraisers in situations involving smoke and carbon monoxide detector compliance. The current law already provides that real estate agents are not liable for a seller’s failure to comply with Louisiana’s detector requirements in one- or two-family dwellings. HB 1027 would extend that same liability protection to licensed appraisers by amending R.S. 40:1581(F). This is a clean, common-sense clarification that helps prevent appraisers from being pulled into compliance disputes that properly belong with the seller’s statutory obligations. Next week, committees are scheduled to hear multiple bills relevant to real estate, including measures involving construction and roofing standards (often tied to insurance and mitigation), property rights/expropriation, and property tax and adjudicated property issues that can influence housing supply and neighborhood reinvestment. We will stay closely engaged and will flag any bills or amendments that materially affect transactions, homeownership costs or private property rights. Please view the weekly bill tracking report provided by our lobbying team over at Harris, DeVille and Associates.
By Louisiana REALTORS® April 2, 2026
Louisiana REALTORS® is compiling a cookbook of Louisiana flavor with a REALTOR® heart in support of the REALTORS® Relief Foundation . And we have two ways for you to get involved:  Join us in contributing your favorite recipe using this online form. If you want to include a picture with your recipe, send to info@larealtors.org and reference recipe title in email subject. Or share your creativity by designing the cover artwork for the cookbook. A small committee will review all entries and choose one to print on the cover. Stay tuned for more details on when you can grab your own copy of the cookbook! Cover artwork and recipes are due by April 17th.
By Louisiana REALTORS® March 27, 2026
Week three of the Regular Session kept real estate issues in the conversation, even as lawmakers continued to focus heavily on workforce, tax and insurance policy. On the property tax front, measures to reshape assessments and exemptions, including proposals for a new blight rehabilitation exemption and additional relief for seniors, remain parked in the House Ways and Means Committee as stakeholders work through fiscal and local government concerns. These bills matter because they will influence long-term carrying costs, redevelopment incentives and how tax burdens are shared across residential and commercial property. Homestead related legislation, including parish level authority to increase the exemption amount, is also in the queue, signaling that the broader structure of Louisiana’s homestead system is officially on the table, not just the dollar figure. For homeowners and buyers, this debate goes directly to affordability. For local governments, it raises revenue stability and service delivery questions. There also has been movement on several identical pieces of legislation that would instruct parish assessors to develop a process for homeowners to permanently register for the homestead exemption for the duration that they own and live on the property. We are actively tracking legislation that will directly shape how investor activity and non-traditional transactions are recognized and regulated in Louisiana’s real estate market. This includes HB 468 by Troy Hebert , a key component of the Louisiana REALTORS® legislative package that targets the wholesale of residential real estate, which was heard in the House Commerce Committee on Monday. The bill is currently positioned for a floor vote early next week. As drafted, HB 468 represents a major step in the right direction for consumer protection in Louisiana, advancing needed guardrails through potential disclosure, registration, and practice standards that could redefine how assignment contracts and “off-market” transactions intersect with licensed brokerage activity. In parallel, HB 292 by Delisha Boyd passed the House on final reading, 86-3, and is on its way to the Senate. Together, these measures represent a coordinated policy effort to bring greater structure and transparency to emerging transaction models, while preserving the integrity of the traditional brokerage framework. Finally, the broader policy backdrop remains important: the Governor continues to push income tax changes and cost of living relief, while business and industry groups are prioritizing insurance, workforce and energy — each a key driver of long run housing demand and investment. As these debates evolve, we’ll keep you updated on what moves, what stalls and what it all means for your clients, your pipeline and private property rights across Louisiana. Please view the weekly bill tracking report provided by our lobbying team over at Harris, DeVille and Associates.
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