On August 26, The Supreme Court of the U.S. (SCOTUS) struck down the Biden administration’s latest eviction moratorium in Alabama Association of Realtors, et al. v. Department of Health and Human Services, et al. The Centers for Disease Control and Prevention (CDC) issued a new eviction moratorium on August 3, just three days after the previous moratorium lapsed. They hoped the more targeted moratorium, which only applied to counties experiencing a surge in COVID-19 cases, would withstand the scrutiny of the high court. SCOTUS disagreed and reiterated in its unsigned decision that the CDC overstepped its statutory authority.
There is currently no federal eviction moratorium and will not be one absent Congressional action. State and local eviction moratorium still apply. The SCOTUS decision states, “If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it.” House Financial Services Chairwoman Maxine Waters (D-CA) is working on a bill to authorize an eviction moratorium, though her previous proposal lacked the votes needed for passage in both the House and Senate.
