Supreme Court Strikes Down the CDC’s Second Eviction Moratorium

The U.S. Supreme Court upheld a district court ruling vacating the CDC’s second eviction moratorium designed to address the impact of the COVID-19 pandemic.

The United States Supreme Court upheld the District Court’s judgment vacating the Centers for Disease Control and Prevention’s (CDC) second eviction moratorium. The second moratorium had prevented the eviction of any tenants who live in counties that are experiencing substantial or high levels of COVID-19 transmission and who make certain declarations of financial need. Alabama Association of Realtors v. Department of Health and Human Services, 21A23 (Aug. 26, 2021) (AAR). Among other things, the Court held that the CDC lacked the authority to issue the injunction, and invited Congress to enact the eviction moratorium with proper legislation.

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