The Biden administration announced on March 29 an extension of the federal eviction moratorium through June 30, 2021, and greater enforcement of the moratorium’s protections – two measures that will help keep millions of renters stably housed during the pandemic and prevent further spread of and deaths from COVID-19.
The moratorium is being challenge on many fronts.
Example: As detailed in a recent alert,1 U.S. District Judge Dabney L. Friedrich, in Alabama Association of Realtors v. U.S. Department Of Health And Human Services,2 found that the Centers for Disease Control and Prevention (CDC) did not have authority to impose a nationwide eviction moratorium (CDC Order) under the Public Health Service Act (PHSA). Since the decision, there has been a spate of activity in that case and throughout the country regarding the CDC Order and its enforceability. With the CDC Order set to expire on 30 June 2021 and increasingly encouraging national COVID-19 data, it seems less likely that the CDC Order will remain in place for an extended period. Individual states, however, may ultimately keep certain pandemic protection measures in place in order to protect residential tenants. While landlords and tenants await an official decision from the CDC about a further extension of the moratorium, courts will continue to rule on the enforceability of the CDC Order. See: National Law Review for more on the above.
State and Local Eviction Moratoriums
Eviction Moratoriums exist on the State and Local levels as well. Each jurisdiction is handling this differently. The federal government is distributing funds to the states and housing agencies to help those renters who need assistance. How these funds are distributed varys across each agencies.
Landlords and Tenants are encouraged to check with their local agencies for rent relief funds.
If the tenant is already receiving assistance, they may not qualify for the federal or state relief programs. They should go back to the agency that issued the voucher for further assistance.