Evictions Can Resume Nationwide
The Supreme Court is allowing evictions to resume across the United States, blocking the Biden administration from enforcing the temporary ban put in place to reduce the spread of COVID-19 in communities experiencing high rates of transmission. In a 6-3 vote Thursday evening the Supreme Court ruled the Centers for Disease Control and Prevention, which reimposed the Federal eviction moratorium on August 3rd, had exceeded its authority.
In the unsigned eight-page majority opinion the Supreme Court stated the CDC, in barring evictions, relied on "a decades-old statute that authorizes it to implement measures like fumigation and pest extermination" and "strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts." Although the White House released a statement calling on any federal, state, and local authorities with the power to stop evictions — as well as landlords — to do so.
Today evictions can resume nationwide. It is important to note, the CARES Act 30-day notices are still likely required for covered properties, and properties remain subject to any filing restrictions due to rental assistance programs they may have taken part in. We encourage members to consult with legal council to ensure you are in compliance.
This is a major win for the multifamily industry. The association will continue to stress to State leaders the importance of this decision and the need to focus on sustainable relief efforts rather than further delays.