NAHB Wins Legal Decision on Eviction Moratorium Case

Advocacy
Published

On March 10, NAHB won a key legal decision when the U.S. District Court for the Northern District of Ohio ruled that by issuing a nationwide eviction moratorium the Centers for Disease and Control Prevention (CDC) exceeded the authority Congress had granted it.

NAHB had filed suit in the district court along with Monarch Investment Management Group and Skyworks, Ltd. regarding what we asserted was the lack of authority of the CDC to issue an eviction moratorium. NAHB was also assisted by the Sterling Group, who provided an affidavit illustrating the harm caused by this moratorium.

The ruling in the case, entitled Skyworks, Ltd., et al. v. Centers for Disease Control and Prevention, et al., sets a great precedent against government overreach.

The court addressed two legal questions: 1) did Congress provide the CDC with the authority to issue a nationwide eviction moratorium in section 361 of the Public Health Services Act, and 2) did Congress later ratify the CDC’s moratorium in the Consolidated Appropriations Act of 2021?

With respect to the first question, the court found the statute was clear.

“Because the Court determines that the statute is unambiguous and, by issuing a nationwide eviction moratorium, CDC exceeded the authority Congress gave it in Section 361, the Court holds that action unlawful and sets it aside, as the APA [Administrative Procedures Act] requires,” the court ruling stated.

On the second question, the judge explained that all Congress did was extend the moratorium, but never reviewed CDC’s authority to issue the order and certainly never ratified it.

The government is now in a very difficult position because the court made clear that it was setting aside the eviction moratorium order under the APA.

At this point, it is unclear whether the federal government will seek to limit the decision only to the plaintiffs involved, or to Ohio.

For more information, contact Tom Ward or Devala Janardan.

Subscribe to NAHBNow

Log in or create account to subscribe to notifications of new posts.

Log in to subscribe

Latest from NAHBNow

Oct 09, 2025

3 Ways to Utilize Construction Site Surroundings to Optimize Design

Home design isn’t just about color swatches and backsplashes. Architecturally, building professionals can look toward climate responsive design and ambient design, which both involve using the elements around a home to the client’s advantage.

Economics

Oct 09, 2025

Remodeling Market Sentiment Improves in Third Quarter

NAHB released its NAHB/Westlake Royal Remodeling Market Index (RMI) for the third quarter, posting a reading of 60, up one point compared to the previous quarter. With the reading of 60, the RMI remains solidly in positive territory above 50, but lower than it had been at any time from 2021 through 2024.

View all

Latest Economic News

Economics

Oct 07, 2025

Minority-Owned Residential Building Firms Continue to Rise

The share of minority-owned new residential builders and remodelers has more than doubled since the Great Recession, with noticeable gains from 2017 to 2022. Nevertheless, when compared to the overall U.S. population, minority-owned firms continue to be underrepresented within both housing sectors.

Economics

Oct 06, 2025

Shorter Apartment Construction Time in 2024

The average time needed to complete construction of a multifamily building after obtaining authorization edged down in 2024, according to the 2024 Survey of Construction (SOC) from the Census Bureau. On average, it took 19.6 months from permit to completion, about 0.3 months shorter than in 2023.

Economics

Oct 03, 2025

Supply-Side Cost Pressures Drove Housing as Inflation Leader in 2024

Though the rate of inflation peaked in June 2022, consumer prices continued to increase throughout 2023 and 2024 as inflation drove further price growth, according to 2024 CPI review from the Bureau of Labor Statistics.