On Thursday, the U.S. Supreme Court blocked the Biden Administration’s latest effort to continue a nationwide eviction moratorium. In a 6-3 vote, the Court reinstated a lower court order that found the Centers for Disease Control and Prevention's (CDC) eviction moratorium unlawful. The majority wrote that “[t]he moratorium has put the applicants, along with millions of landlords across the country, at risk of irreparable harm by depriving them of rent payments with no guarantee of eventual recovery.”
This action stems from the Administration’s issuance of another federal eviction moratorium on August 3, 2021, designed to be effective through October 3, 2021. The new moratorium was imposed despite acknowledgments from the Administration that the CDC moratorium was ending on July 31, and that an extension was legally suspect.
The legality of the CDC Order immediately came under review through a case previously brought by local REALTORS in the U.S. District Court for the District of Columbia seeking to halt the CDC moratorium last year. After a favorable ruling for housing providers in the Spring, subsequent court action kept the moratorium in place pending the government’s appeal. The Supreme Court later stated the CDC could not extend the moratorium beyond July 31st without congressional authorization. Congress failed to advance legislation that would have extended the CDC moratorium earlier this summer, but the Supreme Court’s latest decision is likely to result in renewed congressional efforts to enact a federal eviction moratorium.
NMHC and a broad, real estate industry coalition vigorously opposed any continuation of a federal eviction moratorium. Instead, we remain focused on efforts to stabilize renters and housing providers through rental assistance. Despite the provision of almost $50 billion in federal rental assistance, a top NMHC priority, some jurisdictions have failed to effectively design and administer their assistance programs, resulting in an unacceptable delay in the distribution of benefits.
Just this week, NMHC led a coalition of real estate organizations in sending a letter to the Administration outlining a number of desired Emergency Rental Assistance Program (ERAP) reforms. NMHC will continue to urge lawmakers at the federal, state and local levels of government to act with urgency to make sure these funds are distributed as quickly and efficiently as possible.
NMHC has also been added as a user advocate on the Census Bureau/Consumer Financial Protection Bureau's "Tech Sprint" program. The goal of the program is to work with several software developer teams to quickly develop fully deployable programs that will help low-income renters obtain financial assistance quickly. More information about this program can be found here.
- Resources for renters
- Resources for housing providers
- NMHC Emergency Rental Assistance Program (ERAP) FAQ
- NMHC Evictions Webpage
- NMHC Leads Coalition Opposing Eviction Moratorium Provision in Proposed ERAP Legislation
- Real Estate Coalition Letter Opposing Eviction Moratorium in H.R. 5196
- Representing the Nation’s Apartment Industry, Chairman and CEO of Waterton, David Schwartz, Testifies Before the House Committee on Financial Services
- NMHC Statement on the Supreme Court’s Decision to End the Nationwide Eviction Moratorium
- NMHC Leads Real Estate Coalition in ERAP Reform Advocacy Efforts