COVID-19 eviction moratoriums in the United States explained

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

Federal

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. The order cited Section 361 of the Public Health Service Act,[2] which gives the agency authority to: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.[3] 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."[4] On appeal, the Supreme Court voted 5–4, to maintain the moratorium.[5]

The Biden administration issued a new eviction moratorium on August 3, 2021, intended to last until October 3.[6] It was applicable to counties with substantial or high transmission rates of COVID-19. On August 26, the Supreme Court struck down the moratorium.[7]

State

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.[8]

California

On June 28, 2021, Governor Newsom signed a bill passed by the California State Legislature extending eviction protections until September 30.[9]

New York

In December 2020, the New York State Legislature passed a state moratorium on evictions.[10] In May 2021, the legislature extended the moratorium until August 31.[11]

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.[12]

See also

References

Bibliography

Notes and References

  1. News: 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. August 30, 2021. 2201-5639. August 28, 2021. https://web.archive.org/web/20210828014025/https://theconversation.com/cdc-eviction-ban-ended-by-supreme-court-4-questions-about-its-impact-answered-by-a-housing-law-expert-166926. live.
  2. News: Goldstein. Matthew. September 1, 2021. U.S. Orders Eviction Moratorium for Most Through Year's End. The New York Times. limited. August 29, 2021. 1553-8095. April 2, 2021. https://web.archive.org/web/20210402173512/https://www.nytimes.com/2020/09/01/business/eviction-moratorium-order.html. live.
  3. News: Thrush. Glenn. Glenn Thrush. May 5, 2021. Federal Judge Strikes Down Moratorium on Evicting Renters. The New York Times. Washington, D.C.. limited. August 28, 2021. 1553-8095. August 27, 2021. https://web.archive.org/web/20210827093625/https://www.nytimes.com/2021/05/05/us/politics/eviction-moratorium-biden.html. live.
  4. Alabama Association of Realtors v. United States Department of Health and Human Services . D.C. District . May 5, 2021 . https://s3.documentcloud.org/documents/20698570/5-5-21-alabama-association-of-realtors-v-hhs-opinion.pdf.
  5. News: Liptak. Adam. Adam Liptak. June 29, 2021. Supreme Court Rejects Request to Lift Federal Ban on Evictions. The New York Times. Washington, D.C.. limited. August 28, 2021. 1553-8095. August 27, 2021. https://web.archive.org/web/20210827093647/https://www.nytimes.com/2021/06/29/us/politics/supreme-court-eviction-ban.html. live.
  6. News: Wire. Sarah D.. Stokols. Eli. August 3, 2021. Biden administration announces new two-month eviction moratorium. Los Angeles Times. Washington, D.C.. August 29, 2021. 2165-1736. August 28, 2021. https://web.archive.org/web/20210828223751/https://www.latimes.com/politics/story/2021-08-03/biden-new-temporary-eviction-moratorium. live.
  7. News: Savage. David G.. August 26, 2021. Supreme Court blocks Biden's extension of eviction ban. Los Angeles Times. Washington, D.C.. August 28, 2021. 2165-1736. August 27, 2021. https://web.archive.org/web/20210827160311/https://www.latimes.com/politics/story/2021-08-26/supreme-court-biden-eviction-moratorium. live.
  8. News: May 13, 2021. In America, a million evictions take place in a normal year. The Economist. New Jersey. subscription. August 28, 2021. 0013-0613. August 23, 2021. https://web.archive.org/web/20210823114120/https://www.economist.com/united-states/2021/05/13/in-america-a-million-evictions-take-place-in-a-normal-year. live.
  9. News: McGreevy. Patrick. June 28, 2021. Newsom signs into law extension of California eviction protections, rent relief. Los Angeles Times. Sacramento. August 28, 2021. 2165-1736. August 26, 2021. https://web.archive.org/web/20210826205040/https://www.latimes.com/california/story/2021-06-28/newsom-signs-into-law-extension-of-california-eviction-protections-rent-relief. live.
  10. News: Rubinstein. Dana. December 28, 2020. New York Bans Most Evictions as Tenants Struggle to Pay Rent. The New York Times. limited. August 29, 2021. 1553-8095. August 27, 2021. https://web.archive.org/web/20210827225319/https://www.nytimes.com/2020/12/28/nyregion/new-york-eviction-ban.html. live.
  11. News: Haag. Matthew. May 4, 2021. New York extends its eviction moratorium through August.. The New York Times. limited. August 29, 2021. 1553-8095. August 24, 2021. https://web.archive.org/web/20210824064626/https://www.nytimes.com/2021/05/04/nyregion/new-york-city-eviction-moratorium.html. live.
  12. News: Liptak. Adam. Adam Liptak. August 12, 2021. Supreme Court Blocks Part of New York's Eviction Moratorium. The New York Times. Washington, D.C.. limited. August 28, 2021. 1553-8095. August 27, 2021. https://web.archive.org/web/20210827083217/https://www.nytimes.com/2021/08/12/us/politics/supreme-court-new-york-eviction-moratorium.html. live.

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