INSIGHTi

The CDC’s Federal Eviction Moratorium
Updated June 14, 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. Since the issuance of the order, several courts have addressed
challenges to the CDC’s legal authority to issue the eviction moratorium. 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.
Overview
The CDC eviction moratorium took effect on September 4, 2020, less than two weeks after the expiration
of a 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 the order’s income
and other eligibility criteria. 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 (signed declaration). 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 penalties for landlords
that violate the order and a penalty of perjury for tenants who falsely declare their eligibility. On April 19,
2021, the Consumer Financial Protection Bureau published a rule requiring debt collectors—which can
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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
agencies’ intent to monitor and investigate eviction practices.
Status of the CDC Order
Legal Status
Federal courts have issued conflicting rulings when addressing legal challenges to the CDC’s eviction
moratorium order. Two federal courts have refused to enjoin enforcement of the CDC’s order at the
preliminary injunction phase, determining in part that the plaintiffs had not shown a substantial likelihood
of success on the merits of the case—the U.S. District Courts for the Northern District of Georgia and the
Western District of Louisiana. Three federal courts have found the order unlawful because it exceeds the
CDC’s statutory authority—the U.S. District Courts for the Northern District of Ohio; Western District of
Tennessee (courts denied government’s motions to stay decisions pending appeal); and District of
Columbia (court granted government’s motion to stay order pending appeal). However, the U.S. Court of
Appeals for the District of Columbia Circuit indicated in an order upholding the stay that “the CDC’s
eviction moratorium falls within the plain text of 42 U.S.C. § 264(a).” (Plaintiffs/appellees appealed the
D.C. Circuit’s order to the Supreme Court.) Lastly, the U.S. District Court for the Eastern District of
Texas held that the order was unlawful because it exceeds the government’s authority under the
Commerce and Necessary and Proper Clauses of the U.S. Constitution. 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 orders 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, courts have determined that some tenants who submitted a declaration of
eligibility did not meet the order’s requirements. Although evictions have continued, some researchers
have found that moratoriums at the federal, state, and local level significantly reduced evictions.
Even if 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.
The federal government has appropriated funds to assist renters. The CARES Act provided funding that
some states and localities used to fund rental assistance. Additionally, since the CDC eviction moratorium
was put in place, funding specifically for rental assistance has been appropriated. The FY2021
Consolidated Appropriations Act, enacted in 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
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IN11673 · VERSION 2 · UPDATED

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