Supreme Court Struck Down Federal Eviction Moratorium Extension

The most recent federal eviction moratorium was set to expire on July 31. On August 3, the CDC issued a renewed moratorium, which was challenged by landlord groups such as the Alabama Association of Realtors. This time, the Court found that the CDC had exceeded its authority and was engaging in a sort of lawmaking that is the responsibility of Congress, not a federal agency.

The Court struck down the new moratorium extension. The first, 120-day moratorium had been created by Congress under the CARES Act, but when Congress did not renew it, the CDC did. The CDC has made several extensions on the moratorium in the past year, citing the Public Health Service Act as granting it this authority. However, several Justices on the Court had previously advised that it would take congressional action to renew the most recent moratorium, which Congress failed to do by the end of July. In its most recent opinion on the matter, the Court stated “[i]t strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts.”

As the law currently stands, the federal eviction moratorium, originally created under the CARES Act in March 2020, is expired. This does not mean that state eviction moratoriums are also terminated. For example, Illinois’ termination date is set for the end of August. The professionals at The Center for Financial, Legal, and Tax Planning, Inc. are more than knowledgeable with regard to eviction moratoriums. Please contact us at (618) 997-3436 for more information.