CDC Issues Limited Eviction Moratorium
Through October 3

Yesterday, the Centers for Disease Control and Prevention (CDC) issued a new, limited eviction moratorium in light of growing concern over the rapid spread of the Delta variant and the potential surge in evictions that could follow the expiration of the agency’s original moratorium over the weekend.

Beginning August 3, 2021, the new moratorium temporarily halts evictions in U.S. counties experiencing “substantial” or “high” levels of community transmission of COVID-19. “Substantial” transmission means 50-100 new cases of COVID-19 per 100,000 people in the last 7 days, while “high” transmission denotes more than 100 cases per 100,000 people in the last 7 days. The CDC updates its COVID-19 county-level transmission data and map on a daily basis, so CAAs can check the level of community transmission in the counties they serve.

The limited eviction moratorium expires on October 3, 2021. If a county begins experiencing “substantial” or “high” levels of community transmission between August 3 and October 3, then evictions will be barred as of the date the county first begins experiencing such levels of community transmission. If a county that is subject to the eviction moratorium no longer experiences “substantial” or “high” levels of community transmission for 14 consecutive days, then the eviction moratorium will no longer apply in that county, unless the county once again reaches such levels of community transmission before October 3.

As with the CDC’s prior eviction moratorium, the order only prohibits landlords from evicting tenants based on nonpayment of rent. The order does not forgive any past due rental payments or preclude landlords from charging or collecting fees, penalties, or interest on late rent, which continue to accumulate during the moratorium. The CDC notes that state and local agencies are still in the process of deploying emergency rental assistance to individuals and families and that hundreds of thousands of applications for assistance currently remain outstanding. The new moratorium provides additional time to distribute rent relief and to increase vaccination rates.

The eviction moratorium does not apply to evictions that were completed between August 1 (after the expiration of the CDC’s previous order) and August 3. However, evictions for nonpayment of rent that were initiated in counties covered by the new moratorium prior to August 3 but are not yet completed are subject to the order and are now temporarily on hold. As with the CDC’s prior eviction moratorium, the new order does not apply in states or local jurisdictions with equally or more protective orders.

The new moratorium aligns with the CDC’s recently updated masking guidance for vaccinated individuals in counties experiencing “substantial” and “high” community transmission levels (see CAPLAW’s News Flash for more information). As we have noted in the past, the CDC’s eviction moratorium has been subject to legal challenge, and a recent Supreme Court ruling left the CDC’s authority to issue a nationwide eviction moratorium in question. CAPLAW will continue to monitor legal developments and potential challenges to the moratorium, and issue updates as necessary.

This news flash is part of the Community Services Block Grant (CSBG) Legal Training and Technical Assistance (T/TA) Center. It was created by Community Action Program Legal Services, Inc. (CAPLAW) in the performance of the U.S. Department of Health and Human Services, Administration for Children and Families, Office of Community Services Cooperative Agreement – Grant Award Number 90ET0482-01. Any opinion, findings, conclusions, or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Health and Human Services, Administration for Children and Families.

The contents of this news flash are intended to convey general information only and do not constitute legal advice. Any communication through this publication or through CAPLAW’s website does not constitute or create an attorney-client relationship. If you need legal advice, please contact CAPLAW or another attorney directly.