INSIGHTi
Federal Eviction Moratoriums in Response to
the COVID-19 Pandemic
Updated October 8, 2020
On September 4, 2020, the Centers for Disease Control and Prevention (CDC) imposed a nationwide
temporary federal moratorium on residential evictions due to nonpayment of rent. The stated purpose of
the order is preventing the further spread of Coronavirus Disease 2019 (COVID-19), specifical y by
preventing homelessness and overcrowded housing conditions resulting from eviction. The action, which
followed an Executive Order directing the CDC to consider such a measure, is unprecedented, both in
terms of the federal reach into what is traditional y state and local governance of landlord-tenant law and
in its use of a public health authority for this purpose.
The new national eviction moratorium took effect less than two weeks after the expiration of a different
and narrower set of eviction protections established by the CARES Act (§4024).
This Insight compares the two eviction moratoriums across several key features and ends with a review of
some outstanding questions raised by the new moratorium.
Key Features
Time Period
The CARES Act eviction moratorium began on March 27, 2020 and ended on July 24, 2020. Covered
tenants could not be forced to vacate until 30 days after the expiration of the moratorium (August 23,
2020).
The new national eviction moratorium issued by CDC took effect September 4, 2020 and extends through
December 31, 2020. Unlike the CARES Act, the CDC order does not address notices to vacate.
Coverage
The CARES Act eviction moratorium applied to federal y related properties, which the act defines as
properties participating in federal assistance programs or with federal y backed financing. Researchers
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estimate the CARES Act eviction moratorium applied to between 28% and 46% of occupied rental units
national y.
The new national eviction moratorium applies to al renters who attest to meeting income and other
eligibility criteria set out in the order, which include having made al efforts to obtain government
assistance for rent and being at risk of homelessness or overcrowded housing conditions upon eviction.
Renters must assert their right to protection under the order by submitting a signed declaration of
eligibility to their landlords (Attachment A of the order).
The new moratorium does not supersede more protective state and local government eviction protections.
Cause
The CARES Act eviction moratorium prohibited landlords from initiating eviction proceedings against a
covered tenant for the nonpayment of rent and related fees.
The new national eviction moratorium also prohibits evictions tied to nonpayment of rent and related fees.
Fees, Penalties, and Back Rent
The CARES Act eviction moratorium prohibited landlords from charging fees or penalties for unpaid rent
during the period of the moratorium. The law did not forgive unpaid rent amounts.
The new national eviction moratorium does not prohibit landlords from charging fees or penalties for
unpaid rent. Like the CARES Act, it does not forgive unpaid rent amounts.
Enforcement
The CARES Act eviction moratorium did not include any penalties for noncompliance or other provisions
related to enforcement.
The new national eviction moratorium contains several provisions related to enforcement, including
potential penalties for landlords that violate the order and potential penalty of perjury for tenants who
falsely declare their eligibility.
Outstanding Questions
The new national eviction moratorium raises a number of legal and policy questions that remain
unresolved.
The legality of the order. Within a week of the order taking effect, at least one lawsuit chal enging the
CDC’s action had been filed.
How the order will be enforced. Under state and local laws, contested evictions general y must be
approved by local courts and any ambiguities in the CDC order are to be resolved by those courts. Press
accounts suggest that courts across the country have begun to interpret the CDC eviction order’s
applicability, protections, and requirements. State court systems in Texas, Maryland, and Michigan, for
example, have al issued orders or guidance related to the CDC moratorium applicable in those states.
Will the order be effective in stopping evictions, particularly if tenants are unaware of the order or if
there is confusion among courts, tenants, and landlords about if or how the order applies? Investigative
journalists raised questions about the effectiveness of the CARES Act moratorium in preventing evictions,
and a survey by the National Housing Law Project found that, despite the CARES Act protections, 91%
of legal aid attorneys reported il egal evictions in their areas. It is possible that similar issues wil arise in

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the context of the CDC order. However, the potential y applicable penalties for violations of the CDC
order might affect landlord decisions to pursue evictions and tenant decisions to pursue protections.
What are the financial implications of the moratorium, for both landlords who are owed significant
back rent and for tenants who owe rent and could face eviction when the moratorium ends? Prior to
release of the CDC order, the Aspen Institute—using data from the Census and other sources—estimated
that between 13 mil ion and 17 mil ion renter households, or 29%-43% of al renter households, were at
risk of eviction by the end of 2020 due to COVID-19-related job loss and economic hardship. Different
estimates of the amount of unpaid rent that wil have accrued by the end of the year—when the
moratorium is slated to expire—range from $25 bil ion to as high as $70 bil ion.
While the CARES Act provided funding that some states and localities have used to assist renters, there
have been cal s from both tenant advocates and landlord and housing organizations for Congress to
provide additional financial relief to either or both landlords and tenants to help cover the backlog of
unpaid rent and prevent future evictions. Several bil s that would fund emergency rent assistance have
been introduced in Congress, including several that were passed by the House: The Heroes Act, the
Emergency Housing Protections and Relief Act of 2020, and a revised version of The Heroes Act.



Author Information

Maggie McCarty
Libby Perl
Specialist in Housing Policy
Specialist in Housing Policy





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Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of
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