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

Apr 03, 2026

NAHB’s Monthly Update Features a Codes Victory and Economic Snapshot

The talking points this month feature news related to federal energy code mandates and the current economic conditions for the housing industry.

Safety

Apr 02, 2026

Call Before You Dig: 6 Key Steps to Prevent Utility Strikes on the Jobsite

April’s National Safe Digging Month is a timely reminder for builders, contractors and trade partners to prioritize one of the most critical and often overlooked jobsite safety practices: preventing utility strikes.

View all

Latest Economic News

Economics

Apr 03, 2026

Job Growth Rebounds in March

The U.S. labor market showed signs of a modest rebound in March following a weak February, as payroll employment increased and the unemployment rate edged down to 4.3%. Job growth was led by healthcare, construction, and transportation and warehousing.

Economics

Apr 02, 2026

Iran Conflict Reverses Decline in Mortgage Rates

Mortgage rates, which dipped below 6% in February, climbed back up to end the month just under 6.4%. According to Freddie Mac, the 30-year fixed-rate mortgage averaged 6.18% in March, 13 points (bps) higher than February. The average 15-year rate also increased by the same amount to 5.56%. Despite the recent increase, both rates remain lower than a year ago by 47 bps and 27 bps, respectively.

Economics

Apr 01, 2026

Consumer Confidence Climbs Despite Oil Price Surge

Consumer confidence in March rose to a three-month high as consumers’ improved view of current business and labor market conditions outweighed weaker future expectations.