Citing a surge of COVID-19 cases in July 2021, the Centers for
Disease Control and Prevention (CDC) issued a new federal eviction
moratorium on August 3, 2021 (Order). The Order is similar to the
CDC's previous eviction moratorium, which expired on July 31,
2021, with one major exception—the Order applies only to U.S.
counties that are experiencing "substantial or high"
levels of COVID-19 transmission, as defined by the CDC. Based on
this standard, the Order currently applies to more than 80% of all
U.S. counties.
The constitutionality of the Order is unclear. Opponents of the
Order would point to the Supreme Court's decision
in Alabama Ass'n of Realtors v. Department of Health
& Human Services, 594 U.S. ____ (2021), issued on June 29,
2021. In a 5-4 decision, the Supreme Court agreed that the CDC
exceeded its statutory authority when it issued its previous
eviction moratorium. But for practical and policy purposes, the
constitutionality of the Order will not
