Download (PDF: 840 KB)
Check out the following background information and talking points on the federal eviction moratorium to help housing providers and renters:
- On August 26, 2021, the Supreme Court, in a 6-3 ruling, vacated the stay on the D.C. District Court decision, which held the eviction moratorium exceeds the Centers for Disease Control and Prevention’s (CDC’s) authority, ruling in favor of the Alabama and Georgia Associations of REALTORS®, two housing providers, and their property management companies (the plaintiffs).
- In the ruling, the Supreme Court held that specific Congressional authorization was necessary for a federal eviction moratorium to continue. The Justices wrote that “[c]areful review of that record makes clear that the applicants are virtually certain to succeed on the merits of their argument that the CDC has exceeded its authority. It would be one thing if Congress had specifically authorized the action that the CDC has taken. But that has not happened.”
- Read NAR’s statement on the ruling and background on the ruling and litigation.
- The CDC’s actions were a result of repeated calls on the Administration to act after Congress failed to pass legislation to extend the eviction moratorium at the end of July. NAR, its members, and its industry partners focused advocacy efforts on effective deployment of rental assistance that helps both tenants and housing providers rather than endorsing any extensions.
- Housing providers should keep in mind that some state and local governments may still have their own eviction moratoria in place.
- In addition, some state court systems adopted policies barring or disfavoring the filing of eviction proceedings in light of the CDC eviction moratorium orders.
- See NAR’s Real Estate Industry Impact Watch Report Special Edition on Eviction Moratoriums for the latest breakdown of state eviction moratoriums and links to rental and mortgage assistance programs in each state.