U.S. Supreme Court Blocks CDC Eviction Moratorium

The U.S. Supreme Court recently granted an application by the Alabama Association of Realtors, et al. to vacate stay of the judgment by the U.S. District Court for the District of Columbia that vacated the Centers for Disease and Prevention (CDC) Eviction Moratorium order.  The CDC originally issued an order “under Section 361 of the Public Health Service Act” (codified at 42 U.S.C. § 264) “to temporarily halt residential evictions to prevent the further spread of COVID-19,” effective 9/4/2020 through 12/31/2020. [See 85 Fed. Reg. 55,292.]  On 12/27/2020, the U.S. Congress extended the CDC order through 1/31/2021. [See Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, Title V, Subtitle A, §502 (1/3/2020).]  The CDC continued to extend the Eviction Moratorium order through 3/31/2021, 6/30/2021, and 7/31/2021, then issued a new temporary order on 8/3/2021 to be effective through 10/3/2021. [See 86 Fed. Reg. 8,020, 86 Fed. Reg. 16,731, 86 Fed. Reg. 34,010, and 86 Fed. Reg. 43,244.]  The 8/26/2021 U.S. Supreme Court per curiam opinion states “our system does not permit agencies to act unlawfully even in pursuit of desirable ends,” and “if a federally imposed eviction moratorium is to continue, Congress must specifically authorize it.”  Information for affected tenants is available on the U.S. Consumer Financial Protection Bureau and Ohio Legal Help websites.