NAHB Wins Legal Decision on Eviction Moratorium Case
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.
Latest from NAHBNow
Jun 10, 2025
NAHB Urges HUD Secretary to Keep and Fully Fund Key Housing ProgramsNAHB sent a letter to Housing and Urban Development (HUD) Secretary Scott Turner on June 4 underscoring the important role that HUD’s rental assistance and new construction programs play in making housing opportunities available for low-to moderate-income Americans.
Jun 10, 2025
New Study Reveals Significant Economic Impact of Housing Industry Labor ShortageA landmark study released today from the Home Builders Institute (HBI), in collaboration with NAHB, examines the economic impact of the skilled labor shortage for the single-family home building sector. The findings indicate that the skilled labor shortage’s impact on the residential construction industry is a multibillion-dollar annual challenge that is responsible for the lost production of thousands of newly built homes.
Latest Economic News
Jun 10, 2025
House Price Appreciation by State and Metro Area: First Quarter 2025House price growth slowed in the first quarter of 2025, partly due to a decline in demand and an increase in supply. Persistent high mortgage rates and increased inventory combined to ease upward pressure on house prices. These factors signaled a cooling market, following rapid gains seen in previous years.
Jun 09, 2025
AI’s Role in Reshaping Employment: From Theory to Home Building Sector ImpactsThe rapid rise of artificial intelligence (AI), particularly machine learning and generative AI (GenAI), is reshaping industries, creating new economic opportunities, and raising critical questions about its long-term impact on jobs and economic growth.
Jun 06, 2025
U.S. Economy Added 139,000 Jobs in MayDespite ongoing economic and policy uncertainty, the labor market remains resilient, though early signs of softening are beginning to emerge. Job growth moderated in May, and employment figures for March and April were notably revised downward. The unemployment rate remained at 4.2%.