2026 IBS
 
Register by Feb. 14 to Avoid Onsite Pricing in Orlando. Register now
 

Alabama Association of Realtors Successfully Challenges the Federal Eviction Moratorium

Disaster Response
Published

Yesterday, yet another court held that the Centers for Disease Control and Prevention (CDC) exceeded its authority by issuing a nationwide eviction moratorium in September 2020 and extending it until June 30, 2021.

The Alabama Association of Realtors filed a legal challenge to the CDC eviction moratorium in the U.S. District Court for the District of Columbia and the court found that the Department of Health & Human Services’ interpretation of the Public Health Service Act “goes too far.” The court explained that to find for the CDC, it would have to ignore the text and structure of the statute. Therefore, as in NAHB’s successful lawsuit in Ohio, the court found that the CDC exceeded the authority provided by Congress.

The U.S. district court also addressed whether the CDC order should be set aside only with respect to the plaintiffs in the case or nationwide. The court explained that when regulations are found unlawful, the “ordinary result is that the rules are vacated—not that their application to the individual petitioner is proscribed.”

The Department of Justice has already filed a notice of appeal of the decision and will likely seek a stay of the U.S. district court’s ruling.

For more information, contact Tom Ward.

Subscribe to NAHBNow

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

Log in to subscribe

Latest from NAHBNow

Advocacy

Feb 09, 2026

House Passes NAHB-Supported Major Housing Package

The House this evening approved the Housing for the 21st Century Act, a major bipartisan housing package that takes much-needed steps toward addressing our nation’s critical lack of housing.

Economics

Feb 09, 2026

The Housing Shortage, Explained by 2024 Data

Persistently low homeowner and rental vacancy rates indicate that the U.S. housing market remains structurally undersupplied.

View all

Latest Economic News

Economics

Feb 10, 2026

Weaker Demand, Unchanged Lending Conditions for Residential Mortgages in Fourth Quarter

Lending standards for most types of residential mortgages were essentially unchanged but overall demand was weaker in the fourth quarter of 2025, according to the recent release of the Senior Loan Officer Opinion Survey (SLOOS).

Economics

Feb 09, 2026

Lower Rates Lift Mortgage Activity at Start of the Year

Mortgage application activity rose sharply in January, driven primarily by a surge in refinancing activity as mortgage rates declined to a new low. The Mortgage Bankers Association’s (MBA) Market Composite Index, a measure of total mortgage application volume, increased 12.9% from December on a seasonally adjusted basis and was 61.3% higher than a year earlier.

Economics

Feb 06, 2026

The Size of the Housing Shortage: 2024 Data

Persistently low homeowner and rental vacancy rates indicate that the U.S. housing market remains structurally undersupplied.