Housing providers have returned to court following the Centers for Disease Control and Prevention’s (CDC) decision to extend the eviction moratorium until October 3. The Alabama and Georgia associations of REALTORS® filed an emergency motion with Judge Dabney Friedrich of the U.S. District Court for the District of Columbia, urging her to enforce a recent U.S. Supreme Court order that stated the CDC could not extend the moratorium without new legislation.
The state associations, supported by the National Association of REALTORS® (NAR), initially challenged the CDC’s authority in fall 2020 to impose a nationwide ban on evictions. Although Judge Friedrich ruled in favor of housing providers, she delayed her ruling due to an ongoing appeal, allowing the moratorium to remain in effect.
Housing providers then requested that the D.C Circuit Court lift this stay. After being denied, they petitioned the U.S. Supreme Court to intervene and end the ban immediately. On June 29, a majority of Supreme Court justices indicated that the CDC lacked authority for a national eviction moratorium but allowed it to expire at July’s end, stating any further extension required Congressional approval.
The CDC’s latest order restricts evictions in areas experiencing rising COVID-19 cases, potentially affecting 90% of the population. Supporters acknowledge that this extension may face additional legal challenges.
“About half of all housing providers are mom-and-pop operators, and without rental income, they cannot pay their own bills or maintain their properties,” said NAR President Charlie Oppler. “NAR has always advocated the best solution for all parties was rental assistance paid directly to housing providers to cover rent and utilities during the pandemic.”
Rental assistance is now available nationwide to cover up to eighteen months of past and future bills. Oppler emphasized focusing efforts on implementing rental assistance swiftly: “We do not need more uncertainty for tenants or housing providers.”
The Consumer Financial Protection Bureau introduced an online tool where renters and housing providers facing financial hardships can find payment assistance programs for rent, utilities, and other expenses at consumerfinance.gov/renthelp.
Additionally, NAR provides a webpage with resources for its members about emergency rental assistance programs and government resources at NAR.realtor.
