Late last night, the U.S. Supreme Court (SCOTUS) ruled 6-3 to strike down the U.S. Centers for Disease Control and Prevention’s (CDC) federal eviction moratorium band.
“The C.D.C. has imposed a nationwide moratorium on evictions in reliance on a decades-old statute that authorizes it to implement measures like fumigation and pest extermination,” read the unauthored majority opinion issued along ideological lines. “It strains credulity to believe that this statute grants the C.D.C. the sweeping authority that it asserts.”
It is important to note that yesterday’s SCOTUS ruling only applies to the CDC’s federal eviction order, not any additional moratoria enacted at the state or local levels. Please continue to follow all state and local laws and regulations and consult trusted local counsel for clarification as needed. Further, the ruling specified that a federal moratorium could only be implemented through Congressional action – NAA continues to advocate against such a move ahead of Congress’ September return, and the possibility of an eviction moratorium bill passing through both the House and Senate is slim. This is an evolving situation and NAA will keep you apprised of further developments.
In response to the news, NAA swiftly released a press statement applauding the Court’s ruling and reiterating our long-held belief that the CDC’s order was unlawful and overreaching. Further, we emphasized that it is time to work towards a sustainable solution – fully funding rental debt for both renters and housing providers and streamlining the distribution of rental assistance funds – to keep renters housed and ensure that housing remains operational and affordable in the long term.
In the meantime, NAA continues its lawsuit seeking more than $26 billion in damages for rental housing providers harmed by the CDC’s order. The SCOTUS ruling is the right step in making housing providers and residents whole again, and further affirms the lawsuit’s goal of recovering lost rent suffered under an unlawful federal mandate.
*Article from NAA (National Apartment Association)