Biden administration’s eviction ban has been blocked by the US Supreme Court after the court found the moratorium imposed by the CDC unlawful.
“… the CDC has imposed a nationwide moratorium on evictions in reliance on a decades-old statute that authorizes it to implement measures like fumigation and pest extermination,” according to the Supreme Court. “It strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts.”
Shortly after the moratorium expired on July 31, 2021, had it reimposed. The justices said if a federally imposed eviction moratorium continues, it must be authorized by Congress.
“The moratorium has put the applicants, along with millions of landlords across the country, at risk of irreparable harm by depriving them of rent payments with no guarantee of eventual recovery,” the justices stated in an unsigned opinion. “Despite the CDC’s determination that landlords should bear a significant financial cost of the pandemic, many landlords have modest means. And preventing them from evicting tenants who breach their leases intrudes on one of the most fundamental elements of property ownership—the right to exclude.”