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COVID-19 eviction moratoriums in the United States

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Graphic released by the White House on February 4, 2021, urging Congress to pass the American Rescue Plan Act.

In response to the COVID-19 pandemic, the United States federal government and several U.S. states implemented moratoriums on eviction.

Federal

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In March 2020, the United States Congress passed the CARES Act, which included a moratorium on the evictions of tenants in rental properties that receive federal funding or have federal government-backed mortgages until July 2020.[1]

The Centers for Disease Control and Prevention (CDC) announced an additional eviction moratorium on September 1, 2020, expected to last until December 31 of that year.[2] The order cited Section 361 of the Public Health Service Act,[a][3] which gives the agency authority to:

[...] provide for such inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings, and other measures, as in [the Surgeon General's] judgment may be necessary.

A challenge to the moratorium was filed in November by the Alabama Association of Realtors. In the District Court for D.C., Judge Dabney L. Friedrich ruled that the Public Health Service act did not give the CDC authority to enact moratoria on evictions.[4] Friedrich cited the rule of eiusdem generis, writing that evictions were too dissimilar from the other items listed in Section 361 to be covered under the phrase "and other measures."[5] On appeal, the Supreme Court voted 5–4, to maintain the moratorium.[6]

The Biden administration issued a new eviction moratorium on August 3, 2021, intended to last until October 3.[b][7] It was applicable to counties with substantial or high transmission rates of COVID-19. On August 26, the Supreme Court struck down the moratorium.[c][8]

State

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43 U.S. states have implemented some form of an eviction moratorium during the COVID-19 pandemic; 27 of these states lifted their eviction moratoriums between May and September 2020.[9]

California

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On June 28, 2021, Governor Newsom signed a bill passed by the California State Legislature extending eviction protections until September 30.[10]

New York

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In December 2020, the New York State Legislature passed a state moratorium on evictions.[11] In May 2021, the legislature extended the moratorium until August 31.[12]

The Supreme Court struck down a provision of the state moratorium that protected people who filed a form declaring economic hardship, rather than providing evidence in court.[13]

See also

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References

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Notes

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  1. ^ Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (85 FR 55292)
  2. ^ Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 To Prevent the Further Spread of COVID-19 (86 FR 43244)
  3. ^ Alabama Association of Realtors v. Department of Health and Human Services, 594 U.S. ___ (2021)

Citations

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  1. ^ Ramsey Mason, Katy (August 27, 2021). "CDC eviction ban ended by Supreme Court: 4 questions about its impact answered by a housing law expert". The Conversation. ISSN 2201-5639. Archived from the original on August 28, 2021. Retrieved August 30, 2021.
  2. ^ Nande et al. 2021, p. 2, Introduction.
  3. ^ Goldstein, Matthew (September 1, 2021). "U.S. Orders Eviction Moratorium for Most Through Year's End". The New York Times. ISSN 1553-8095. Archived from the original on April 2, 2021. Retrieved August 29, 2021.
  4. ^ Thrush, Glenn (May 5, 2021). "Federal Judge Strikes Down Moratorium on Evicting Renters". The New York Times. Washington, D.C. ISSN 1553-8095. Archived from the original on August 27, 2021. Retrieved August 28, 2021.
  5. ^ Alabama Association of Realtors v. United States Department of Health and Human Services (D.C. District May 5, 2021), Text.
  6. ^ Liptak, Adam (June 29, 2021). "Supreme Court Rejects Request to Lift Federal Ban on Evictions". The New York Times. Washington, D.C. ISSN 1553-8095. Archived from the original on August 27, 2021. Retrieved August 28, 2021.
  7. ^ Wire, Sarah D.; Stokols, Eli (August 3, 2021). "Biden administration announces new two-month eviction moratorium". Los Angeles Times. Washington, D.C. ISSN 2165-1736. Archived from the original on August 28, 2021. Retrieved August 29, 2021.
  8. ^ Savage, David G. (August 26, 2021). "Supreme Court blocks Biden's extension of eviction ban". Los Angeles Times. Washington, D.C. ISSN 2165-1736. Archived from the original on August 27, 2021. Retrieved August 28, 2021.
  9. ^ "In America, a million evictions take place in a normal year". The Economist. New Jersey. May 13, 2021. ISSN 0013-0613. Archived from the original on August 23, 2021. Retrieved August 28, 2021.
  10. ^ McGreevy, Patrick (June 28, 2021). "Newsom signs into law extension of California eviction protections, rent relief". Los Angeles Times. Sacramento. ISSN 2165-1736. Archived from the original on August 26, 2021. Retrieved August 28, 2021.
  11. ^ Rubinstein, Dana (December 28, 2020). "New York Bans Most Evictions as Tenants Struggle to Pay Rent". The New York Times. ISSN 1553-8095. Archived from the original on August 27, 2021. Retrieved August 29, 2021.
  12. ^ Haag, Matthew (May 4, 2021). "New York extends its eviction moratorium through August". The New York Times. ISSN 1553-8095. Archived from the original on August 24, 2021. Retrieved August 29, 2021.
  13. ^ Liptak, Adam (August 12, 2021). "Supreme Court Blocks Part of New York's Eviction Moratorium". The New York Times. Washington, D.C. ISSN 1553-8095. Archived from the original on August 27, 2021. Retrieved August 28, 2021.

Bibliography

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