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ARTICLE · 03 OCTOBER 2021

Case To Watch: CDC's Broad Eviction Moratorium Is Without Authority

Armstrong Teasdale LLP
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On May 5, 2021, the U.S. District Court for the District of Columbia determined the Centers for Disease Control and Prevention (CDC) did not have legal authority to impose the national eviction moratorium.

United StatesReal Estate and Construction
Beverly Weber
Beverly Weber
Rachel Zender
Rachel Zender

On May 5, 2021, the U.S. District Court for the District of Columbia determined the Centers for Disease Control and Prevention (CDC) did not have legal authority to impose the national eviction moratorium. Accordingly, the CDC Order prohibiting residential evictions nationwide was ordered vacated.

On March 13, 2020, then-President Trump declared a national emergency for COVID-19. Two weeks later, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed and included a 120-day eviction moratorium for rental properties subject to federally backed loan or federal assistance programs. On Aug. 8, 2020, President Trump issued an executive order directing the Secretary of the Department of Human and Health Services (HHS) and the Director of the CDC to determine if "temporarily halting residential eviction of any tenants for failure to pay rent are reasonably necessary to prevent the further spread of COVID-19".

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