Supreme Court Ends Federal Eviction Moratorium

The Supreme Court has blocked the Biden Administration’s Federal Eviction moratorium, ruling on Aug 26, 2021 that any further extension of the moratorium would need to be authorized by congress. In their unsigned majority opinion the Court wrote, “Congress was on notice that a further extension would almost surely require new legislation, yet it failed to act in the several weeks leading up to the moratorium’s expiration”.

This decision is the latest in a series of court battles over the legality of the CDC moratorium. Previously in June, the Supreme Court had ruled that the CDC moratorium could stand, basing their decision on the moratoriums pending July 31 expiation, and warning that any further extension would need to be authorized by Congress. However, after the CDC extended the moratorium again without Congressional approval on August 3rd the Supreme Court found itself ruling on the issue again. 

Since the beginning of the COVID-19 pandemic in the US almost a year and a half ago, one of the Country’s biggest concerns has been the virus’ impact on renters across America. As the nation’s lockdown began last march it immediately became clear that millions of Americans wouldn’t be in the position to pay their rent on time. 

Initially, the CARES Act, passed by Congress in March 2020, imposed a temporary moratorium on evictions of tenants participating in federal housing assistance programs or those inhabiting properties financed with federally-backed loans. This statue expired on July 24, 2020, leaving state and local governments to pass their own measures to protect tenants from eviction. 

This was followed by President Trump’s executive order 13946, directing the secretary of Health and Human Service and The CDC to “consider whether any measures temporarily halting residential evictions… are reasonably necessary to prevent the further spread of COVID-19.” Consequently, the CDC issued a nationwide order on September 4, 2020, halting residential evictions in areas impacted by COVID-19. 

Since then the CDC eviction moratorium has expired and been renewed by the CDC several times. While proponents of the measure say that it’s necessary to protect vulnerable Americans during the COVID-19 pandemic, landlords have loudly protested its past extensions, arguing that the moratorium unfairly burdens them financially.

In its latest ruling the Supreme Court firmly indicated that it would not be ruling in favor of extending the CDC eviction moratorium again. In their majority opinion on last week’s decision the Supreme Court asserted that the CDC had exceeded its authority. Pointing to the 1944 Public Health and Service Act which the CDC had used to justify its promulgation and extension of the eviction moratorium, the Supreme Court wrote, “[i]t strains credulity to believe that this stature grants the CDC the sweeping authority it asserts.” 

With the CDC moratorium no longer in effect it will now be up to local governments to pass their own moratoriums and protect renters. However even before this latest ruling those local moratoriums have been under attack in court. Just a few weeks ago the Supreme Court ruled that part of New York State’s Eviction Moratorium was unconstitutional. While it’s unclear exactly what the impact of these latest Supreme Court decisions will be, it’s now certain that any further federal eviction moratoriums will need to be passed by Congress or run the risk of being struck down in court.