Thanks to CHAPA for reporting on this update:
On May 5, 2021, D.C. District Judge Dabney Friedrich vacated the Centers for Disease Control and Prevention’s (CDC) federal eviction moratorium, which was set to expire on June 30, 2021. The federal judge ruled that the Public Health Service Act did not give the CDC the legal authority to impose the moratorium. However, the Department of Justice immediately appealed the decision vacating the CDC moratorium and the judge granted a temporary stay of the decision pending the appeal.
This means that the federal eviction moratorium currently remains in effect as of Thursday, May 6, 2021.
An estimated 40 million Americans were facing eviction during the pandemic, according to a report by the National Low Income Housing Coalition. The CDC moratorium protected millions of renters at risk of losing their homes, but it has faced several legal challenges. Some courts have ruled that the CDC has the authority to issue the order and rejected efforts to stop the ban, while others have ruled in favor of landlords. While the ruling does not affect state or local eviction moratoriums, Massachusetts’ eviction moratorium ended on October 17, 2020.
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The precariousness of the CDC Moratorium underscores the urgency for our legislators to pass the COVID-19 Housing Equity bill to prevent homelessness among low-income tenants at risk of eviction. Please contact your legislator to urge their co-sponsorship of this bill, and stay tuned for additional actions in partnership with Homes for All MA Coalition.
