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CDC Eviction Moratorium Extension Upheld by U.S. Supreme Court

The saga continues for landlords who are forced to push pause yet again on future evictions actions.  

Last week, the U.S. Centers for Disease Control and Prevention (CDC) extended its moratorium on eviction actions preventing the eviction of tenants based on nonpayment of rent through July 31, 2021.  This was the latest extension of protections that were first provided beginning in September 2020. The current moratorium was set to expire on June 30, 2021, but it was extended for what the CDC claims to be the “final” time-- prompting its Order to be challenged.  

While landlords argued that the so-called protections have resulted in billions of unpaid rent by tenants to be suffered by landlords, the CDC argued that the original Order was necessary to protect the public and “prevent the introduction, transmission, or spread of communicable diseases.” It stated that the latest extension is intended to avoid the inevitable wave of evictions predicted upon the expiration of the moratorium.

On Tuesday, June 29, 2021, the U.S. Supreme Court, in a divided decision, denied a request to block the CDC’s extension thereby allowing the moratorium to stay in place until its newest expiration date of July 31, 2021.  Accordingly, the moratorium will continue to temporarily halt residential evictions based solely on a tenant’s nonpayment of rent.  However, it is important to note that the moratorium will also continue to require tenants to take an affirmative action to receive the protections of the moratorium.  Additionally, the moratorium does not halt evictions based on other factors, including but not limited to material noncompliance with a leasing agreement and non-renewal of tenancies.  

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