Supreme Court Nixes Moratorium on Evictions

Millions of Americans around the Country face the prospect of losing their homes after the Supreme Court, on August 26, 2021, rejected the Biden Administration’s federal moratorium on evictions.

The moratorium was imposed by the Centers for Disease Control and Prevention (CDC) on eviction of any tenants who live in a county that is experiencing substantial or high levels of Covid-19 transmission and who make certain declarations of financial need.

Simply stated, the District Court correctly held that congress did not authorize the action that the CDC had taken.

The Court in a per curiam decision noted that “[t]he moratorium intrudes into an area that is the particular domain of State Law: the landlord tenant relationship.”  It also commented, that preventing landlords from evicting tenants who breach their leases intrudes one of the most fundamental elements of property ownership – the right to exclude, citing Loretto v Teleprompter Manhattan CATV Corp., 458 U.S. 419, 435 (1982).


Posted in Eviction Moratorium, Landlord-Tenant, State Law
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