Ongoing litigation regarding the Center for Disease Control's (CDC's) nationwide eviction moratorium has resulted in a recent stay issued by the U.S. District Court for the District of Columbia, which means the CDC order remains in place nationwide pending further appeals.
The Alabama and Georgia Associations of REALTORS®, two housing providers, and their property management companies filed the lawsuit this past November challenging the CDC's authority to issue the eviction moratorium on a number of statutory and constitutional grounds, and in defense of the millions of mom and pop housing providers across the country whose financial futures have been threatened following months of lost income due to unpaid rent as a result of the moratorium. These housing providers rely on the rental payments to pay the mortgage on the properties, taxes, and general upkeep to maintain the properties' safety and livability.
On May 5, 2021, the D.C. District Court struck down the CDC's nationwide eviction moratorium set to expire at the end of June, concluding the moratorium exceeds the limits Congress placed on the CDC's authority. In response, the Department of Justice (DOJ) filed a notice of appeal and an emergency stay of the order pending the appeal. The D.C. District Court then granted a temporary stay.
On May 14, 2021, the D.C. District Court granted the DOJ's request for an emergency stay, which means the CDC eviction moratorium remains in effect nationwide during pendency of the DOJ's appeal. In response, the plaintiffs have appealed to the D.C. Circuit Court asking that the court vacate the stay in order to seek immediate relief from the CDC order and to prevent any further extensions of the eviction moratorium pending appeal. A decision by the D.C. Circuit Court on vacating the stay is anticipated by the end of the month.
Stay tuned to nar.realtor for the latest and see NAR's Issue Brief for more information.
May 14, 2021 - The U.S. District Court for D.C.'s Order Granting the Emergency Motion for a Stay Pending Appeal
May 5, 2021 - The U.S. District Court for D.C.'s Decision Vacating the CDC Eviction Moratorium
State-by-State Eviction and Foreclosure Moratoriums
NAR's Coronavirus Housing Providers FAQs