Supreme Court Settles Eviction Moratorium Dispute: Evictions May Resume

Yesterday, the U.S. Supreme Court ruled to end the Centers for Disease Control and Prevention’s (CDC) most recent federal eviction moratorium. As a result, landlords are again able to evict tenants for nonpayment of rent.

The Court’s ruling settles a dispute over the CDC’s authority to issue a nationwide eviction moratorium that has been ongoing since fall 2020. The agency issued its original moratorium after a similar one imposed under the Coronavirus Aid, Relief, and Economic Security (CARES) Act expired in July 2020. The CDC subsequently extended the moratorium multiple times, and following its most recent expiration at the end of July 2021, reissued the current moratorium, which applies in areas with substantial or high community transmission of COVID-19.

In its 6-3 decision, the Court held that the statute upon which the CDC relied, the Public Health Services Act, did not grant such sweeping authority to the agency to issue a nationwide eviction moratorium that has such enormous economic and political impacts. It noted the moratorium’s harm to landlords, and the additional time the federal government has had to distribute federal emergency rental assistance funds to assist tenants who owe back rent and face the threat of eviction. It also reiterated that Congress, not the CDC, has the authority to take action on an eviction moratorium.

CAAs should note that landlords may now again move to evict tenants for nonpayment of rent. In addition, the CDC’s eviction moratorium only prohibited landlords from evicting tenants based on nonpayment of rent. It did not forgive any past due rental payments or preclude landlords from charging or collecting fees, penalties, or interest on late rent, which continued to accumulate during the moratorium.

CAAs should also remind individuals and families that emergency rental assistance funding remains available. For more information about rental assistance programs, please visit U.S. Department of Treasury: Find rental assistance.

August 27, 2021

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.

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