Supreme Court Rules CDC Exceeded its Authority in Issuing Nationwide Eviction Ban

“With the pandemic waning and the economy improving, it is time to restore the housing sector to its healthy, former function.” — Charlie Oppler, NAR President.

In a 5-4 ruling on Tuesday, June 29, 2021, the United States Supreme Court (SCOTUS) said the Centers for Disease Control and Prevention (CDC) lacked the authority to issue a nationwide eviction moratorium. However, the ban will not be immediately lifted as the Court rejected that request. 

Pictured: U.S. Supreme Court. Photo courtesy of Eric Fryer.

Originally issued in September 2020 under the Trump administration, the moratorium protected financially burdened tenants who could not make their rent payments due to circumstances related to the pandemic. The moratorium has since been extended several times, including the most recent extension through July 31, 2021. The CDC intends for this to be the final extension.  

The National Association of REALTORS® (NAR) expressed disappointment in the CDC’s extension, stating that the moratorium no longer serves the purpose for which it was originally intended. Their statement further reads:

“NAR has been an active leader in a real estate industry coalition devoted to working with Congress and the Administration to find a better solution for tenants and housing providers who have suffered financial losses due to the COVID-19 pandemic, and was instrumental in securing $46.55 billion in federal Emergency Rental Assistance Program funding to help tenants pay their back-rent and housing providers maintain their income so they can pay their mortgages and maintain their properties.”

In a separate statement regarding the SCOTUS ruling, Charlie Oppler, NAR’s President, has called the decision a massive victory for property rights. He explains, “[f]or more than a year, mom-and-pop property owners have been pushed toward financial ruin as they upkeep their properties and pay their taxes and mortgages with no income of their own. With the pandemic waning and the economy improving, it is time to restore the housing sector to its healthy, former function.”

Resources:

  • To read the full text of the CDC’s extension order, please click here.
  • For the White House’s fact sheet on initiatives to support vulnerable tenants and preventing foreclosures, click here.
  • NAR’s resources for struggling home providers can be found through this link. For more on the Association’s efforts to support rental assistance, click here.
  • For tenants and home providers who need emergency rental assistance (ERA), the U.S. Department of the Treasury has created a portal to obtain assistance by area. For the Department’s FAQ page on ERA, click here.
  • For state-by-state programs, please visit the National Council of State Housing Agencies (NCSHA) ERA page.

For questions, reach out to DAAR’s Government Affairs Director.

June 30, 2021