INSIGHTi

The CDC’s Federal Eviction Moratorium
May 17, 2021
On September 4, 2020, the Centers for Disease Control and Prevention (CDC) imposed a nationwide
temporary federal moratorium on residential evictions for nonpayment of rent. The stated purpose of the
order was to prevent the further spread of Coronavirus Disease 2019 (COVID-19), specifically 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, was unprecedented, both in
terms of the federal reach into what is traditionally state and local governance of landlord-tenant law and
its use of a public health authority for this purpose. Since the issuance of the order, several courts have
addressed challenges to the CDC’s legal authority to issue the eviction moratorium. As discussed below,
these courts have issued conflicting decisions on the eviction moratorium’s legality and, while no court
has issued an order enjoining the moratorium’s enforcement nationwide, the conflicting judicial rulings
have left a cloud of uncertainty regarding the order’s enforceability in their wake.
This Insight provides a brief description of the moratorium, as well as its current status.
Overview
The CDC eviction moratorium took effect on September 4, 2020, less than two weeks after the expiration
of a different and narrower set of eviction protections established by the CARES Act (§4024). The
original CDC order had an expiration date of December 31, 2020. Prior to its expiration, it was extended
legislatively through January 31, 2021. The CDC administratively extended the order two additional
times, first through March 31, 2021, then again through June 30, 2021.
The CDC’s national eviction moratorium applies to all renters who attest to meeting income and other
eligibility criteria set out in the order. The criteria include having made all 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 CDC moratorium does not supersede more
protective state and local government eviction protections.
The moratorium prohibits evictions only for nonpayment of rent and related fees, not other causes, and it
does not prohibit landlords from charging fees or penalties, nor does it forgive unpaid rent amounts.
The CDC eviction moratorium contains several enforcement provisions, including potential penalties for
landlords that violate the order and potential penalty of perjury for tenants who falsely declare their
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eligibility. On April 19, 2021, the Consumer Financial Protection Bureau published a rule requiring debt
collectors—which can include attorneys representing landlords in court—to provide written notice to
tenants of their rights under the moratorium and prohibiting them from misrepresenting tenants’ eligibility
for protection under the moratorium. This rule followed a joint announcement with the Federal Trade
Commission of the intent of both agencies to monitor and investigate eviction practices.
Status of the CDC Order
Legal Status
Several federal courts have heard statutory and constitutional challenges to the CDC’s eviction
moratorium order and have issued conflicting rulings. Some federal courts have refused to enjoin
enforcement of the CDC’s order at the preliminary injunction phase of litigation, determining, among
other things, that the plaintiffs had not shown a substantial likelihood of success on the merits of the case
(e.g., the U.S. District Courts for the Northern District of Georgia and the Western District of Louisiana).
Other courts have found the order unlawful because it exceeds the CDC’s statutory authority (e.g., the
U.S. District Courts for the District of Columbia, motion to stay order pending appeal granted; Northern
District of Ohio; and Western District of Tennessee, motion to stay pending appeal denied) or, in one
instance, because it exceeds the government’s authority under the Commerce and Necessary and Proper
Clauses of the U.S. Constitution (Eastern District of Texas). Some of the courts that found the order
unlawful have issued orders enjoining enforcement of the CDC eviction moratorium in certain
jurisdictions or against certain plaintiffs, but as of the date of this Insight, no court has enjoined
enforcement of the moratorium nationwide. These decisions are pending appeals.
Effectiveness
Since the CDC eviction moratorium has been in place, news articles report that evictions have continued,
with landlords often raising lease violations or lease expiration as grounds for evictions, rather than
nonpayment of rent. Further, some tenants who submitted a declaration of eligibility have been
determined by courts not to have met the requirements of the order. Although evictions have continued
despite the moratorium, some researchers have found that evictions have been significantly reduced by
the imposition of eviction moratoriums at the federal, state, and local level.
Even if these moratoriums have been effective at reducing evictions, questions remain about the
implications of the moratoriums, particularly when they expire, for both landlords, who are owed
significant back rent, and for tenants, who owe rent and could face displacement. Census data from mid-
April 2021 show nearly 7 million renters (or 15% of those who pay rent) were behind on their rent
payments. Other research has estimated that rental arrears could be as high as nearly $53 billion.
The federal government has appropriated funds to assist renters. The CARES Act provided funding that
some states and localities used to fund rental assistance. In addition, since the CDC eviction moratorium
was put in place, funding specifically for rental assistance has been appropriated. The FY2021
Consolidated Appropriations Act, enacted in late December 2020, included $25 billion for states and
localities to administer a new Emergency Rental Assistance program (Division N; §501). The American
Rescue Plan Act, enacted in March 2021, provided an additional $21.55 billion for the program (§3201).
As the expiration date of the CDC moratorium nears, it is unclear how rapidly states and localities have
been, or will be, able to deploy these funds to address arrearages and prevent evictions.

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Author Information

Maggie McCarty
David H. Carpenter
Specialist in Housing Policy
Legislative Attorney


Libby Perl

Specialist in Housing Policy




Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff
to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of
Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of
information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role.
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