Nationwide Eviction Moratorium Finally Comes to an End

Posted by Written with love by the Livable Content Team on Oct 6, 2021 11:42:02 AM

Congress did not pass any new legislation and, in fact, its initial moratorium expired in July 2020. After that point, the extensions were directed by the Centers for Disease Control and Prevention, which claimed it was authorized by a 1944 law to mandate that people stay in their homes so that they would not be put into situations where they might become infected with and spread COVID-19.

For the last 18 months, there have been numerous uncertainties connected to the pandemic. When would a vaccine be ready? When would children go back to school? How would we negotiate travel and seeing family in this new world? 

 

On top of those universal concerns, rental property owners have faced another uncertainty: when will the nationwide eviction moratorium end? Thanks to a late August Supreme Court decision we now have our answer, and the moratorium has finally been lifted. 

 

Different states have their own policies, of course, but even tenant-friendly California decided not to extend its moratorium past the end of September. It’s a good indication that the tides have finally turned on this type of legislation. Now we just need to make sure that federal and state dollars get into the hands of needy residents and property owners to keep everyone safely in their homes. 

 

Live Well, 

Daniel Sharabi

Livable CEO

 

Supreme Court Denies Biden Administration Eviction Moratorium Extension

After 18 months, the national eviction moratorium has ended, with the U.S. Supreme Court denying a Biden Administration petition to extend the tenant protections into October.

The court had narrowly backed an earlier extension until the end of July, but Justice Brett Kavanaugh made clear at the time that he would not support a further extension without “clear and specific congressional authorization (via new legislation)”.

Congress did not pass any new legislation and, in fact, its initial moratorium expired in July 2020. After that point, the extensions were directed by the Centers for Disease Control and Prevention, which claimed it was authorized by a 1944 law to mandate that people stay in their homes so that they would not be put into situations where they might become infected with and spread COVID-19.

Then, in December 2020, Congress briefly extended the moratorium until the end of January, after which the CDC used the same law to step in to extend it again. In this most recent ruling, the majority of the court argued that, without a further go-ahead from Congress, the CDC was overstepping its bounds.

“The C.D.C. has imposed a nationwide moratorium in reliance on a decades-old statute that authorizes it to implement measures like fumigation and pest extermination,” the unsigned eight-page opinion read. “It strains credulity to believe that this statute grants the C.D.C. the sweeping authority that it asserts.”

The decision was a huge win for apartment owner groups, which had been part of the coalition fighting the extension.

“The government must move past failed policies and begin to seriously address the nation's debt tsunami which is crippling both renters and housing providers alike,” Bob Pinnegar, National Apartment Association President and CEO said in a statement after the ruling. “Only by moving past moratoriums can we ensure America's 40 million renters have affordable homes today, tomorrow and in the future.”

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