Landlords Voice Opposition to ‘Unconstitutional’ Extension of Eviction Moratorium

By Noah Rothstein

Organizations advocating on behalf of landlords objected to the recent extension of the eviction moratorium enacted by the Centers for Disease Control and Prevention (CDC).

The Alabama and Georgia Associations of Realtors, among others, said in an emergency filing on Aug. 4, that the CDC’s order was “unlawful” and issued “for nakedly political reasons to ease the political pressure, shift the blame to the courts for ending the moratorium, and use litigation delays to achieve a policy objective.”

In the emergency motion, the organization requested Judge Dabney Friedrich of the U.S. District Court for the District of Columbia to enforce the U.S. Supreme Court’s recent order that the CDC could not extend the moratorium without new legislation.

The groups also pointed to comments from President Joe Biden, who said, “the courts … made it clear that the existing moratorium was not constitutional; it wouldn’t stand.”

Yet, President Biden remarked that even though the move won’t pass constitutional muster, it would give his administration additional time to distribute “that $45 billion out to people who are in fact behind in the rent and don’t have the money.”

The CDC said its narrower moratorium is prohibiting evictions in counties with high rates of COVID-19 transmission through Oct. 3, aligning with areas where the agency has asked Americans to wear masks in public indoor settings, even if they are fully vaccinated. The ban is expected to cover 90% of the U.S. population and 80% of counties.

“This is a tremendous relief for millions of people who were on the cusp of losing their homes and, with them, their ability to stay safe during the pandemic,” said Diane Yentel, president and CEO of the National Low Income Housing Coalition, in an Aug. 3 statement.

In June, the Supreme Court ruled that the CDC was allowed to extend its eviction moratorium through the end of July, but any additional extensions would require congressional approval.

The Consumer Financial Protection Bureau announced a new online tool where renters and housing providers who continue to face pandemic-related financial hardships can locate and apply for payment assistance for rent, utilities, and other expenses. The new Rental Assistance Finder, at consumerfinance.gov/renthelp, can guide housing providers and renters to aid programs in their area.