Supreme Court Allows CDC’s Eviction Moratorium to Continue Until July 31

Disaster Response
Contact: Thomas Ward
(202) 266-8230

In a 5-4 decision, the U.S. Supreme Court allowed the eviction moratorium issued by the Centers for Disease Control and Prevention (CDC) that is set to expire on July 31 to remain in place.

Due to a previous separate court ruling in the Northern District of Ohio in which NAHB took part, the CDC’s eviction moratorium should not apply to NAHB members who were members of the association as of Oct. 23, 2020, when the case was filed.

In May, the federal District Court for the District of Columbia ruled (as have numerous other courts) that the CDC exceeded its authority by issuing a nationwide eviction moratorium in September 2020, and extending it until July 31. However, the judged “stayed” her ruling while the government appealed the decision.

The landlords in the case asked the Supreme Court to review the stay. On June 29, the Supreme Court left the stay in place. However, Justice Brett Kavanaugh wrote that he would keep the stay in place only because the moratorium is set to expire on July 31. He signaled that if the CDC extends it again, he would change his vote and the stay would be lifted. Justice Kavanaugh’s opinion puts pressure on the CDC not to extend the moratorium past July 31.

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