Last year I wrote about diversion programs many states had implemented to avoid evictions when possible. At the time, the congressionally approved ban on evictions had just come to an end (July 2020) and states were bracing for huge increases. See the complete blog here.
Fast forward almost a year and a lot has happened. In September of 2020, the CDC imposed its own moratorium. President Biden extended the moratorium in March of 2021. In May a district court judge said the CDC had exceeded its power and blocked the action. The Biden administration is fighting the case in federal court and on June 2nd a three-judge panel allowed the moratorium to continue while that is taking place. It is now set to expire June 30, 2021.
The impact to landlords has been significant. Landlords, real estate agents and others have argued for months the freeze causes them financial hardship and infringes on their property rights. Last week a coalition of real estate groups appealed to the Supreme Court to block the federal government from enforcing the current moratorium. The group said the moratorium, “shifted the pandemic’s financial burdens from the nation’s 30 to 40 million renters to its 10 to 11 million landlords – most of whom, like the applicants, are individuals and small businesses – resulting in over $13 billion in unpaid rent per month.”
The three-judge panel acknowledged a president has never attempted this type of action under federal law. However, the U.S. Court of Appeals for the D.C. Circuit stated, “But no public health crisis even approaching the scale and gravity of this one has occurred since the Public Health Service Act was passed in 1944.”
Only time will tell the result of the appeal or whether the Supreme Court will weigh in. The bigger impact will likely be felt once the moratorium is lifted. Whenever that is.
Supreme Court asked to block federal eviction moratorium (usatoday.com)
About the Author: Troy Burke
With 30 years of experience providing clients with stellar service and strategic solutions for growth and development, Troy is committed to ensuring his customers receive the highest quality solution, training and support with every implementation. He frequently speaks on the topic of redaction and is actively involved with National Association of Court Management, Property Records Industry Association and several other government organizations.