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U.S. Supreme Court Ends CDC's Pandemic Residential Eviction Moratorium (Reuters, Aug. 27, 2021)
The U.S. Supreme Court on Thursday ended the pandemic-related federal moratorium on residential evictions imposed by President Joe Biden's administration in a challenge to the policy brought by a coalition of landlords and real estate trade groups.
CDC Issues Eviction Moratorium Order in Areas of Substantial and High Transmission (Center for Disease Control & Prevention, Aug. 3, 2021)
This Order is effective on August 3, 2021 and will remain in effect through October 3, 2021, subject to revision based on the changing public health landscape.
Impact on Small Landlords
Effects of the Federal Eviction Moratorium Being Lifted: The Feared Wave of Evictions That Never Hit (Pepperdine | Caruso School of Law, Feb. 17, 2023)
“During the moratorium, eviction filings were around 49% compared to historical averages. Since the moratorium ended, instead of the expected massive influx of evictions, landlords are still filing far fewer evictions than they normally would in a pre-pandemic year. Eviction filings did increase in the first two months after the moratorium ended, but in the third month they slightly dropped. Overall, in the first three months after the moratorium ended, there were just 20.4% more eviction cases filed.”
Eviction Moratorium’s Renewal Squeezes Small Landlords (The Wall Street Journal, Aug. 6, 2021)
The Centers for Disease Control and Prevention enacted the eviction ban last September to prevent people with financial hardship from being evicted during the pandemic. Since then, many smaller landlords have struggled to collect their monthly rent checks and some have gone into forbearance on their mortgages.
The Eviction Moratorium Is Killing Small Landlords,’ Says One, As Ban Is Extended Another Month (CNBC, June 25, 2021)
The majority of the nation’s landlords are individual investors. They own about 23 million units in 17 million properties, according to the U.S. Census. More than 6 million renter households are behind on rent, also according to the Census. Landlords have next to no recourse. Howard Simon owns a small building in Massachusetts with three rental units. He hasn’t received the rent on one of them since last October and is out about $7,000 so far. “I have mortgages, I have expenses for repairs to that particular building, I’m losing one-third of the rent just because of this,” said Simon. “And you know the other tenants who are occupying the other two units, they’re trying their hardest and doing their best.” Simon has contacted the delinquent tenants but said they will not respond, nor will they apply for the aid available to them.
Eviction Moratorium: Landlords Pay a Price (Washington Examiner, April 1, 2021)
While acknowledging the plight of tenants, many local, state, and federal government agencies appear dismissive of the plight of small-time landlords, such as Rich Tyson of Rochester, New York. “My property tax by liability per year is approximately $58,000. I've lost more than that year to date from tenants, not affected by COVID, but who simply have chosen not to pay rent. ... I’ve lost… $60,000 this year in rents that are… never going to get recouped,” said Tyson.
Impact on Tenants
More than Shelter: The Effect of Rental Eviction Moratoria on Household Well-Being (AEA Papers & Proceedings, May 1, 2022)
Analysis of both Federal Reserve and Opportunity Insights data indicates that the imposition of rental eviction moratoria served to boost food and grocery spending, especially among policy-targeted neighborhoods. Eviction moratoria also reduced food insecurity and mental stress measured by the Census Household Pulse Survey, especially among Black households.
After the Eviction Moratorium (New Republic, Jul. 1, 2022) E
“When the CDC eviction ban fell, many expected a tsunami of evictions. For a while, some remaining enter protections, coupled with federal assistance, held back the flood. Nevertheless, bit by bit, eviction filings climbed to the point that there are now an “alarming number of places that have exceeded 100 percent of the historical average,” said Peter Hepburn, a research fellow at the Eviction Lab. By the end of 2021, only three states, including New York, retained eviction bans; now they’re virtually all gone.”
More Than Shelter: The Effects of Rental Eviction Moratoria on Household Well-Being (SSRN, Sep. 7, 2021)
We investigate the impact of 2020 COVID-19 rental eviction moratoria on household well-being. Analysis of new panel data indicates that eviction moratoria reduced evictions filings and resulted in redirection of scarce household financial resources to immediate consumption needs, notably including food and grocery spending. We also find that eviction moratoria reduced household food insecurity and mental stress, with larger effects evidenced among African American households. Findings suggest broad salutary effects of eviction moratoria during a period of widespread virus and economic distress.
COVID-19 Resources for Renters (U.S. Department of Housing and Urban Development)
Emergency Bans on Evictions and Other Tenant Protections Related to Coronavirus (NOLO)
Federal Eviction Moratorium (National Low Income Housing Coalition)
Temporary Protection from Eviction (Center for Disease Control & Prevention)
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