ABSTRACT

CDC's Federal Eviction Moratorium [Updated August 31, 2021]   [open pdf - 613KB]

From the Document: "On August 26, 2021, the Supreme Court blocked enforcement [hyperlink] of the new order temporarily imposing an eviction moratorium issued by the Centers for Disease Control and Prevention (CDC). The Court determined [hyperlink] that the plaintiffs were 'virtually certain to succeed on the merits of their argument that the CDC has exceeded its authority.' The Supreme Court did not rule on the merits of the moratorium, and lower courts may still issue decisions on its legality even as evictions are allowed to proceed. (See this Legal Sidebar [hyperlink] for discussion of the Supreme Court ruling.) The CDC originally imposed a nationwide, temporary federal moratorium on residential evictions for nonpayment of rent on September 4, 2020 ('initial order') [hyperlink]. The CDC extended the initial order several times, until it expired on July 31, 2021. On August 3, 2021, the CDC issued a new order [hyperlink] implementing another eviction moratorium through October 3, 2021 [hyperlink] ('new order'). The new order was applicable only in counties with heightened rates of COVID-19 [coronavirus disease 2019] [hyperlink] community transmission. Both CDC orders were intended to prevent the spread of COVID-19 by preventing homelessness and overcrowded housing conditions resulting from eviction. The CDC's actions, which followed an Executive Order [hyperlink] directing it to consider such measures, are unprecedented, both in terms of the breadth of the agency's use of this public health authority [hyperlink] and its reach into what is traditionally [hyperlink] state and local governance of landlord-tenant law."

Report Number:
CRS Insight, IN11673
Author:
Publisher:
Date:
2021-08-31
Series:
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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