News | The Supreme Court Ends the CDC Eviction Moratorium

The Supreme Court of the United States has overturned the CDC eviction moratorium that has existed in several versions during the COVID-19 pandemic. 

In part, the decision reads:

“The C.D.C. has imposed a nationwide moratorium on evictions in reliance on a decades-old statute that authorizes it to implement measures like fumigation and pest extermination, it strains credulity to believe that this statute grants the C.D.C. the sweeping authority that it asserts.”

“It is indisputable that the public has a strong interest in combating the spread of the Covid-19 Delta variant, but our system does not permit agencies to act unlawfully even in pursuit of desirable ends.”

“If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it.”

The 8-page opinion can be read HERE.

Activist attention has now turned to Congress. We will keep you posted if legislative action results in any action reinstating an eviction ban, as the Court indicated would be required. This could be similar to the moratorium in the CARES act that expired last year, which was a statutory predecessor of the CDC agency's moratorium. 

It would appear that the way for many to avoid eviction is to avail themselves of the billions of dollars of still-available Emergency Rental Assistance authorized by Congress earlier. Some links provided in the CDC Order are still useful: 

Coronavirus Relief Fund

Emergency Rental Assitance Program

Rental Assistance Finder

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