INSIGHTi
The CDC’s Federal Eviction Moratorium
Updated August 10, 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 moratorium was
extended several times, until it expired on July 31, 2021. On August 3, 2021, the CDC issued a new order
implementing another eviction moratorium through October 3, 2021. Rather than applying nationwide,
the new order is only applicable in counties with heightened rates of COVID-19 community transmission.
Both orders are intended to prevent the spread of COVID-19 by preventing homelessness and
overcrowded housing conditions resulting from eviction. The CDC’s actions, which followed an
Executive Order directing it to consider such measures, are unprecedented, both in terms of the agency’s
reach into what is traditional y state and local governance of landlord-tenant law and its use of a public
health authority. Courts have issued conflicting decisions on the initial order’s legality, leaving a cloud of
uncertainty regarding the order’s enforceability.
Overview
The initial 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 times: through March 31, June 30,
and July 31, 2021. The third extension stated that “absent an unexpected change in the trajectory of the
pandemic, CDC does not expect to extend the Order further.” The CDC issued the new order on August 3,
2021, citing a surge of cases spurred by the Delta variant.
The latest moratorium applies to al renters who attest to meeting the order’s income and other eligibility
criteria and live in counties experiencing substantial or high rates of community transmission of COVID-
19, as determined by the CDC. Eligibility criteria include having made al efforts to obtain governmental
rental assistance 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.
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The CDC order contains enforcement provisions, including penalties for landlords who violate the order
and a penalty of perjury for tenants who falsely declare eligibility. In April 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 its protections.
Status of the CDC Order
Legal Status
Numerous legal chal enges to the initial moratorium were filed, resulting in conflicting court rulings
regarding the CDC’s authority to issue the order, including differing rulings by the Sixth, Eleventh, and
D.C. Circuit Courts of Appeals (see this Legal Sidebar). Courts in certain jurisdictions that found the
initial order unlawful are not enforcing the latest moratorium, but, as of the date of this Insight, no court
has issued a nationwide injunction. In one pending chal enge, the D.C. District Court held that the initial
moratorium exceeded the CDC’s statutory authority, but stayed its order from taking effect pending
appeal. On June 29, 2021, a 5-4 majority of the Supreme Court denied the plaintiffs’ request to lift the
stay, al owing the moratorium to remain in force. Justice Kavanaugh’s concurring opinion agreed with the
D.C. District Court that the CDC “exceeded its existing statutory authority by issuing a nationwide
eviction moratorium” and it would need “new legislation ... to extend the moratorium beyond July 31,”
but indicated that he voted to deny the application to vacate the stay “because the CDC plan[ned] to end
the moratorium in only a few weeks ... and ... those few weeks wil al ow for additional and more orderly
distribution of the congressional y appropriated rental assistance funds.”
President Biden and members of his Administration made several statements in the days leading to the
issuance of the latest moratorium indicating that while the President would have supported another
extension of the CDC’s order, the Supreme Court ruling prevented it. The President instead urged
Congress to extend the moratorium; Congress did not pass legislation before expiration. After the order
expired, the President asked his Administration to review existing statutes to identify legal authority that
would support a new eviction moratorium. The CDC issued its latest order pursuant to the same statutory
authority cited in its previous order. The new order also has prompted litigation.
Effectiveness
Evictions have continued despite the moratorium, with landlords raising lease violations or lease
expiration as grounds for evictions, rather than nonpayment of rent. Further, courts determined that some
tenants who submitted a declaration of eligibility did not meet the order’s requirements. Nevertheless,
some researchers have found that moratoriums at the federal, state, and local level significantly reduced
evictions.
Even if they 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
tenants, who owe rent and could face displacement.
The federal government has also 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). The CDC cited the need for more time to deploy rental
assistance as part of the justification for the order’s third extension and for the latest order.

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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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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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IN11673 · VERSION 6 · UPDATED

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