Realtors Appeal CDC Eviction Moratorium to Supreme Court

In early June, the U.S. Court of Appeals for the District of Columbia ruled that it would continue to stay a lower court ruling seeking to overturn the CDC eviction moratorium. In the lower court ruling, a federal judge set aside the CDC's nationwide moratorium which expires on June 30, 2021 [Alabama Association of Realtors, et al. v. U.S. Dept. of Health and Human Services]. The decision was based primarily on the judge’s reading of the Public Health Services Act. The Justice Department’s Civil Division appealed the decision and was granted a motion to stay the court’s decision.

This latest ruling by the higher court leaves the moratorium in place, so that millions of households behind on their rent continue to receive eviction protections. Moreover, the court, which is the highest court to date to address the eviction moratorium, noted that the Department of Justice “made a strong showing that it is likely to succeed” on its appeal of the lower court’s order to overturn the moratorium.

In response to the stay, a group representing the interests of landlords and led by the Alabama Association of Realtors appealed the issue to the U.S. Supreme Court, urging the highest court to issue an order nullifying the stay and allowing moratorium protections to end immediately.