• Friday, Dec 02, 2022
  • Last Update : 10:24 am

US Supreme Court ends CDC's pandemic residential eviction moratorium

  • Published at 03:00 am August 27th, 2021
US Supreme Court
File photo: The sun rises behind the US Supreme Court in Washington, US, June 1, 2021 Reuters

The CDC first issued a moratorium in September 2020 after a prior one approved by Congress expired

The US Supreme Court on Thursday ended the pandemic-related federal moratorium on residential evictions imposed by President Joe Biden's administration in a challenge to the policy brought by a coalition of landlords and real estate trade groups.

The justices, who in June had left in place a prior ban that expired at the end of July, granted a request by the challengers to lift the moratorium by the US Centers for Disease Control and Prevention (CDC) that was to have run until October 3.

The challengers argued that the law on which the CDC relied did not allow it to implement the current ban.

"It strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts," the court said in an unsigned opinion.

"If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it," the court added.


Also Read - US Covid-19 eviction ban expires, leaving renters at risk


The three liberal justices on the court, which has a 6-3 conservative majority, all dissented.

The high court had signaled in June that it thought the moratorium was on shaky legal ground, and that such a policy needed to be enacted by Congress rather than being imposed unilaterally by the executive branch.

The CDC first issued a moratorium in September 2020 after a prior one approved by Congress expired, with agency officials saying the policy was needed to combat the spread of Covid-19 and prevent homelessness during the pandemic.

Under political pressure from Biden's fellow Democrats, his administration on August 3 implemented a somewhat narrower eviction moratorium three days after the prior one expired.

Liberal Justice Stephen Breyer said in a dissenting opinion that the outcome of the case was not as clear cut as the majority suggested and that the court was not justified in ending the moratorium so quickly at a time when Covid-19 cases are surging.

"The public interest strongly favors respecting the CDC’s judgment at this moment, when over 90% of counties are experiencing high transmission rates," Breyer wrote.

Citing the CDC, he said that a surge of evictions could lead to more infections of the coronavirus.

The latest moratorium covered nearly 92% of US counties - those deemed to have "substantial" and "high" levels of coronavirus transmission.

The policy was challenged in federal court by realtor associations in Alabama and Georgia as well as landlords in those two states.

50
Facebook 50
blogger sharing button blogger
buffer sharing button buffer
diaspora sharing button diaspora
digg sharing button digg
douban sharing button douban
email sharing button email
evernote sharing button evernote
flipboard sharing button flipboard
pocket sharing button getpocket
github sharing button github
gmail sharing button gmail
googlebookmarks sharing button googlebookmarks
hackernews sharing button hackernews
instapaper sharing button instapaper
line sharing button line
linkedin sharing button linkedin
livejournal sharing button livejournal
mailru sharing button mailru
medium sharing button medium
meneame sharing button meneame
messenger sharing button messenger
odnoklassniki sharing button odnoklassniki
pinterest sharing button pinterest
print sharing button print
qzone sharing button qzone
reddit sharing button reddit
refind sharing button refind
renren sharing button renren
skype sharing button skype
snapchat sharing button snapchat
surfingbird sharing button surfingbird
telegram sharing button telegram
tumblr sharing button tumblr
twitter sharing button twitter
vk sharing button vk
wechat sharing button wechat
weibo sharing button weibo
whatsapp sharing button whatsapp
wordpress sharing button wordpress
xing sharing button xing
yahoomail sharing button yahoomail