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

Material Costs
Oct 16, 2026
U.S. Cuts Duties on Canadian Lumber

Following its annual review, the U.S. Department of Commerce lowered antidumping and countervailing duties on Canadian softwood lumber imports from about 35.16% to 24.75%.

Legal
Oct 15, 2026
Supreme Court Leaves New York City’s SoHo/NoHo Arts Fee in Place

The U.S. Supreme Court declined to hear a challenge to a New York City law that requires certain property owners to pay a substantial fee to convert their properties to unrestricted residential use. NAHB filed a brief urging the Supreme Court to review the case.

View all

Latest Economic News

Economics
Oct 14, 2026
Labor Shortages a Growing Problem

Labor shortages in the home building industry are becoming more widespread, according to recent results from the NAHB/Well Fargo Housing Market Index (HMI) survey.

Economics
Oct 14, 2026
Inflation Accelerated in September

Higher energy prices pushed inflation to a four-month high in September, keeping pressure on the Fed as inflation has remained above its 2% target for more than five years.

Economics
Oct 13, 2026
Existing Home Sales Increased in September

Existing home sales rose after three months of declines as improved inventory gave buyers more negotiating power. As buyers wait for rate relief, homes are sitting on the market longer and for-sale inventory reached the highest level in over a decade.