FAQs about NAHB's Challenge to the CDC's Eviction Moratorium

In September 2020, the U.S. Centers for Disease Control and Prevention (CDC) issued a nationwide eviction moratorium order that prevented landlords from evicting tenants solely for the reason of not paying rent. The CDC relied on the pandemic and the Public Health Service Act as authority for issuing such a sweeping order. To keep from being evicted, a tenant must sign a declaration proclaiming, among other things, that he or she has income under a certain level and could not pay full rent.

The CDC’s order has been extended once by Congress and twice by the CDC. Most recently the CDC extended it until June 30, 2021.

On Oct. 23, 2020, NAHB, along with Skyworks, Ltd. and Monarch Investment and Management Group (the plaintiffs) challenged the CDC’s order in the federal District Court for Northern District of Ohio.

On March 10, 2021, the court agreed with NAHB that the CDC did not have the legal authority to issue the nationwide eviction moratorium. Therefore, under the Administrative Procedure Act, the judge “set aside” the CDC order.

Not exactly. The Department of Justice has taken the position that the district court’s opinion only applies to the plaintiffs who challenged the CDC moratorium — namely Skyworks, Ltd, Monarch Investment and Management Group and NAHB.

NAHB brought the lawsuit as a representative of its members who were injured by the CDC moratorium. This gave us “standing” to go to court. Therefore, the district court’s decision applies to all of NAHB’s members.

The Department of Justice has agreed with NAHB’s position that NAHB members, who were members on Oct. 23, 2020, may take advantage of the district court’s decision. However, the eviction moratorium may still apply to landlords who are not NAHB members. Moreover, NAHB members and non-members alike must still comply with state or local eviction restrictions.

If you plan to take advantage of the district court’s opinion, you may email Tom Ward or Dean Schwanke and they can provide more information.

Congress has twice allocated rental assistance funding. NAHB members can seek access to this funding through their local government and state housing finance agencies via the Emergency Rental Assistance Program. You can find more information on the rental assistance here.