The Centers for Disease Control and Prevention’s (CDC’s) federal moratorium for residential evictions, which was set to expire on March 31st, was just extended through the end of June. A recent trend in federal cases may put an end to this moratorium on the basis that the CDC exceeded its authority by extending the eviction moratorium.
The federal eviction moratorium was first implemented legislatively through the CARES Act in March 2020. Since then, it has been extended both by Congress and the CDC. Congress clearly has the authority to issue a national eviction moratorium, but the last two extensions were implemented by the CDC. This begs the question, does the CDC have the authority to implement a national eviction moratorium? At least two district courts say no.
Read our full Legal Alert here.