INSIGHTi
The CDC’s Federal Eviction Moratorium
Updated June 30, 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 order is intended to
prevent the spread of Coronavirus Disease 2019 (COVID-19) 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 traditional y 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 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, shortly 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 three additional times: through March
31, 2021, June 30, 2021, and July 31, 2021. The latest order stated that “absent an unexpected change in
the trajectory of the pandemic, CDC does not expect to extend the Order further.”
The CDC’s national eviction moratorium applies to al renters who attest to meeting the order’s income
and other eligibility criteria. The criteria 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. 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 order 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 include
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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 chal enges to the CDC’s eviction
moratorium order. At least three 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 or sufficient irreparable harm—the U.S. District Courts for
the Northern District of Georgia, Western District of Louisiana, and Eastern District of Arkansas. At least
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 fal s
within the plain text of 42 U.S.C. § 264(a).” (Plaintiffs/appel ees appealed the D.C. Circuit’s order to the
Supreme Court. On June 29, 2021, the Court denied the appeal on a 5-4 vote, al owing the moratorium to
remain in place through its current expiration (July 31, 2021). 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. Some 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. The FY2021 Consolidated Appropriations Act
(December 2020) included $25 bil ion for states and localities to administer a new Emergency Rental
Assistance program (Division N; §501). The American Rescue Plan Act (March 2021) provided an
additional $21.55 bil ion for the program (§3201). As the expiration date of the CDC moratorium nears, it
is unclear how rapidly states and localities have been, or wil be, able to deploy these funds to address
arrearages and prevent evictions. The CDC cited the need for more time to deploy rental assistance as part
of the justification for the order’s third administrative extension. On the same day the extension was
announced, the White House announced additional actions designed to “help state and local governments
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
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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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