In my prior blog post on the subject, I discussed the Tiger Lily ruling of the U.S. Court of Appeals for the Sixth, which invalidated the CDC’s eviction moratorium for the states covered by that federal court – Ohio, Kentucky, Michigan, and Tennessee. Similar cases percolated through the federal system, including a case filed in Washington, D.C., where the district court “vacated” the CDC’s moratorium, but stayed its order pending appeal. Ala. Ass’n of Realtors, et al. v. U.S. Dep’t of Health & Human Servs., No. 1:20-cv-0377 (D.D.C. May 5, 2021).
The D.C. case made its way to the United States Supreme Court twice, and on Thursday, August 26, 2021, the Court finally ruled that the CDC lacked the authority to impose a national eviction moratorium. “It is up to Congress, not the CDC, to decide whether the public interest merits further action here. * * * If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it.” Ala. Ass’n of Realtors, et al. v. U.S. Dep’t of Health & Human Servs., No. 21A23, 594 U.S. ___ (2021).
Thus, the CDC’s eviction ban is laid to rest. Several states have imposed their own eviction moratoria, such as California, Maryland, and New Jersey, and these actions are not affected by the Supreme Court’s ruling.