Supreme Court Ends Eviction Moratorium

Late last night, the US Supreme Court issued an eight-page majority opinion blocking the Biden administration from enforcing the temporary ban on evictions which was put in place to reduce the spread of COVID-19 in communities experiencing high rates of transmission. The decision will allow evictions to resume across the United States immediately. The court’s three liberal justices dissented.

In the unsigned eight-page majority opinion the Supreme Court stated the CDC, in barring evictions, relied on "a decades-old statute that authorizes it to implement measures like fumigation and pest extermination" and "strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts." 

It is important to note, the CARES Act 30-day notices are still likely required for covered properties, and properties remain subject to any filing restrictions due to rental assistance programs they may have taken part in. We encourage members to consult with legal council to ensure you are in compliance before moving forward with policy changes. 

The association continues to work with partners in local government to stress the importance of timely and efficient rental assistance payments that make housing providers whole.