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

Advocacy

Jul 31, 2026

City Leaders Share Lessons on Breaking Through the Housing Debate

Mayors say collaboration and community engagement are key to building consensus across different perspectives to advance pro-housing policies.

Land Development | Economics

Jul 30, 2026

AI Data Centers Are Outbidding Home Builders for America's Land

As the demand for data processing increased dramatically with the advent of AI, companies building the centers began bidding up prices of land that had been on home builders' radar.

View all

Latest Economic News

Economics

Jul 30, 2026

PCE Inflation Eased in June

After reaching a three-year high last month, the Federal Reserve’s preferred inflation gauge eased in June following declines in energy prices amid a temporary truce with Iran. This marked the first monthly decline in six years.

Economics

Jul 30, 2026

Top Ten Builder Share Across Largest Housing Markets

An earlier post described how the top ten builders in the country accounted for 43.6% of new single-family closings in 2025. BUILDER magazine has now released additional data on the top ten builders within each of the 50 largest new home markets in the U.S., ranked by single-family permits.

Economics

Jul 29, 2026

Amid Supply-Side Inflation Pressures, The Fed Holds

The Federal Reserve held the federal funds rate at a target range of 3.5% to 3.75% at the conclusion of its July policy meeting. There were three dissenting votes on the Federal Open Market Committee (FOMC), all of which supported raising the federal funds rate by 25 basis points.