Judge Affirms NAHB Members Exempt from CDC Eviction Moratorium; Other Landlords Are Not
A federal judge has reaffirmed that members of NAHB are exempt from the nationwide eviction moratorium imposed by the Centers for Disease and Control Prevention (CDC), but ruled that the exemption only applied to the plaintiffs in the case (including NAHB members) and not to all landlords nationwide.
So, although the judge would not grant relief to all landlords across the country, he did make clear the CDC’s unlawful action does not apply to NAHB members. Since the case was brought in October 2020, the judge’s ruling protects all NAHB members who were members of the association dating back to last October. Those who became new members of NAHB after October 2020 are not exempt under the court order.
As NAHBNow posted previously, the association brought a lawsuit against the CDC challenging the eviction moratorium in the federal district court in Ohio. The judge in the case ruled in March that the CDC had exceeded its authority by issuing the eviction moratorium and “set aside” the CDC’s regulation.
The Department of Justice claimed that the opinion only applied to the plaintiffs in the case, including NAHB’s members.
In April, NAHB asked for clarification from the court and explained that the law required that the eviction moratorium to be “set aside” nationwide. Unfortunately, the judge failed to vacate the CDC’s regulation nationwide. However, he did make clear that his invalidation of the CDC’s eviction moratorium “extends to parties, including the members of the National Association of Homebuilders.”
In other words, the judge reaffirmed that the CDC’s federal eviction moratorium does NOT apply to NAHB’s members, while ruling that other landlords across the nation must comply with the CDC mandate.
Latest from NAHBNow
Dec 12, 2025
Judge Determines FEMA’s Termination of BRIC Program UnlawfulA federal judge ruled that the Federal Emergency Management Agency’s termination of the Building Resilient Infrastructure and Communities (BRIC) program was unlawful and issued a permanent injunction restoring the program. This action is of note to the housing community because NAHB has been pushing Congress to pass the Promoting Resilient Buildings Act, which would allow jurisdictions to qualify for BRIC funds if they have adopted one of the latest two code cycles.
Dec 12, 2025
Preventing Cold, Flu and COVID Illnesses on Jobsites Starts with a PlanIn the construction industry, working outdoors may appear to create less risk for catching a cold, flu, and COVID-19, but it’s crucial to understand that these illnesses can still spread while working in close proximity in any conditions.
Latest Economic News
Dec 11, 2025
Homeownership Rate Inches Up to 65.3%The latest homeownership rate rose to 65.3% in the third quarter of 2025, according to the Census’s Housing Vacancy Survey (HVS).
Dec 10, 2025
No Risk-Free Path: Fed Eases Monetary PolicyThe central bank’s Federal Open Market Committee (FOMC) cut rates a third and final time in 2025, reducing the target range for the federal funds rate by 25 basis points to a 3.5% to 3.75% range. This reduction will help reduce financing costs of builder and developer loans.
Dec 09, 2025
Construction Labor Market StableThe count of open, unfilled positions in the construction industry was relatively unchanged in October, per the Bureau of Labor Statistics Job Openings and Labor Turnover Survey (JOLTS). The current level of open jobs is down measurably from two years ago due to declines in construction activity, particularly in housing.