Washington Report

Advocacy Updates from Washington D.C.

Court Maintains CDC Eviction Moratorium Pending Appeal

A recent appeals court ruled in the lawsuit filed by the Alabama and Georgia REALTOR® associations, two housing providers, and their property management companies, seeking relief from the Centers for Disease Control and Prevention’s (CDC’s) eviction mortarium that is having a detrimental financial impact on housing providers across the country. On June 2, the U.S. Court of Appeals for the D.C. Circuit ruled against a motion filed by the plaintiffs seeking to vacate an emergency stay issued by the U.S. District Court for the District of Columbia.

In early May, the D.C. District Court vacated the CDC moratorium based on statutory overreach, which the Department of Justice appealed. However, the district court issued an emergency stay pending that appeal and the D.C. Circuit Court’s recent action upheld that stay. In response, the plaintiffs have petitioned the Supreme Court to vacate the stay before the CDC order expires at the end of June. Housing providers should continue to the monitor the case, as the CDC’s eviction moratorium remains in effect nationwide through its expiration on June 30th, or any further extensions, pending consideration by the Supreme Court.

Stay tuned to nar.realtor/CoronavirusHousingProviders for the latest, and please visit NAR’s Issue Brief for more information.

Additional Resources

June 3, 2021 - Emergency Application for Vacatur of the Stay Pending Appeal to the Supreme Court

June 2, 2021 – The D.C. Circuit Court’s Order Denying the Motion to Vacate the Stay Pending Appeal

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

Emergency Rental Assistance Program

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