Federal Eviction Moratoriums in Response to the COVID-19 Pandemic

Federal Eviction Moratoriums in Response to the COVID-19 Pandemic

INSIGHTi
Federal Eviction Moratoriums in Response to
the COVID-19 Pandemic
Updated March 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 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
its use of a public health authority for this purpose.
The 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
implementation issues raised by the CDC 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, and landlords could not file notices to vacate, until 30 days after the
expiration of the moratorium (August 23, 2020).
The CDC eviction moratorium took effect September 4, 2020, and was initial y slated to extend through
December 31, 2020. However, it was extended legislatively through January 31, 2021, and extended again
by CDC through March 31, 2021. On March 29, 2021, CDC further extended the moratorium until June
30, 2021. The CDC moratorium does not address notices to vacate.
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Coverage
The CARES Act eviction moratorium applied to federal y related properties, which the act defined as
properties participating in federal assistance programs or with federal y backed financing. Researchers
estimate the CARES Act eviction moratorium applied to between 28% and 46% of occupied rental units
national y.
The CDC 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 CDC 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 CDC eviction moratorium prohibits evictions for 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 CDC 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 CDC 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.
Implementation
The CDC eviction moratorium raises a number of questions that may continue to be at issue while the
moratorium is in effect.
The legality of the order. A number of legal chal enges to the CDC’s action have been filed in federal
court. Some federal district courts have held that the CDC has the statutory authority to issue the order
and rejected plaintiffs’ motions to enjoin its enforcement, while others have ruled in favor of landlords
and other plaintiffs, holding the order unlawful. As of the date of this Insight, no rulings in favor of
landlords apply nationwide, and cases are being appealed.
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

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applicability, protections, and requirements. State court systems in Texas, Maryland, and Michigan, for
example, have issued orders or guidance related to the CDC moratorium applicable in those states.
On October 9, 2020, the Trump Administration released additional guidance about the eviction
moratorium. It states that the order “does not preclude a landlord from chal enging the truthfulness of a
tenant’s declaration” in court and “is not intended to prevent landlords from starting eviction
proceedings,” although actual evictions are prohibited while the order is in effect.
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 it applies? Since the CDC eviction
moratorium has been in place, news articles report that evictions have continued, with landlords raising
lease violations or lease expiration as grounds for eviction rather than nonpayment of rent, and that some
tenants have been found not to have met the requirements of the order. It is unclear whether the
potential y applicable penalties for violations of the CDC order have affected landlord decisions to pursue
evictions and tenant decisions to pursue protections.
What are the 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? Recent research
estimates that total rental arrears were $57 bil ion as of the end of January 2021.
The CARES Act provided funding that some states and localities have used to assist renters, and, since
the CDC eviction moratorium was put in place, additional funding targeted to rental assistance has been
appropriated. The FY2021 Consolidated Appropriations Act included $25 bil ion for states and localities
to fund an Emergency Rental Assistance (ERA) program (Division N; §501). The American Rescue Plan
Act provided an additional $21.55 bil ion for the ERA program (§3201).

Author Information

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

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