CDC Issues Eviction Moratorium Order in Areas of “Substantial” and “High” Transmission

The Centers for Disease Control and Prevention (CDC) issued a new order this week temporarily halting evictions for nonpayment of rent or similar housing-related payments in counties with heightened levels of community transmission of COVID-19. 

In response, the Alabama and Georgia chapters of the National Association of Realtors brought suit, arguing the CDC lacked legal authority to impose the ban. The U.S. Department of Justice has argued any financial harm “is outweighed by the risk of illness and mortality if the moratorium targeting areas of high or substantial transmission is unnecessarily lifted at this moment when new cases are rapidly increasing due to the highly contagious Delta variant.” This action comes on the heels of the Supreme Court’s previous ruling allowing the eviction ban to continue through the end of July, with Justice Kavanaugh’s concurrence noting he would block any additional extensions.

The CDC’s new order will expire on October 3, 2021, but is subject to further extension, modification, or rescission based on public health circumstances and the outcomes of ongoing litigation. Interested readers can view the full order and its accompanying news release.