In a decision late Thursday evening (8/26), The U.S. Supreme Court blocked the CDC from enforcing a federal moratorium on evictions that was recently reinstated by the Biden Administration. CNBC called it a defeat for the Biden administration’s efforts to continue the eviction moratorium despite an earlier signal from the court that the government lacked the proper legal basis. According to the The Wall Street Journal, in the unsigned opinion, the court’s conservative majority said the temporary eviction ban exceeded the CDC’s authority to combat communicable diseases, forcing landlords to bear the pandemic’s costs. Indeed…
“It would be one thing if Congress had specifically authorized the action that the CDC has taken. But that has not happened. Instead, 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.” Said the majority of 6 justices, in an unsigned opinion, as reported by CNBC.
“The moratorium has put…millions of landlords across the country, at risk of irreparable harm by depriving them of rent payments with no guarantee of eventual recovery,” the court said. “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.” Said the majority of 6 justices, in an unsigned decision, as reported by the Wall Street Journal.
“After almost a year of the unconstitutional eviction moratorium, at least the Supreme Court is interested in returning to the rule of law, now numerous states and municipalities need to Open the courts and allow access to justice for all.” Charles Tassell, COO of National REIA.
In addition, several states, including California and New York, have their own eviction moratoriums that would remain in place. This is a developing story…Please stay tuned.