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1 1 (May 17, 2021)

handle is hein.crs/govedil0001 and id is 1 raw text is: Congressional SResearch Service informing the Iegislative debate since 1914___________________ The CDC's Federal Eviction Moratorium May 17, 2021 On September 4, 2020, the Centers for Disease Control and Prevention (CDC) imposed a nationwide temporary federal moratorium on residential evictions for nonpayment of rent. The stated purpose of the order was to prevent the further spread of Coronavirus Disease 2019 (COVID-19), specifically by preventing homelessness and overcrowded housing conditions resulting from eviction. The action, which followed an Executive Order directing the CDC to consider such a measure, was unprecedented, both in terms of the federal reach into what is traditionally state and local governance of landlord-tenant law and its use of a public health authority for this purpose. Since the issuance of the order, several courts have addressed challenges to the CDC's legal authority to issue the eviction moratorium. As discussed below, these courts have issued conflicting decisions on the eviction moratorium's legality and, while no court has issued an order enjoining the moratorium's enforcement nationwide, the conflicting judicial rulings have left a cloud of uncertainty regarding the order's enforceability in their wake. This Insight provides a brief description of the moratorium, as well as its current status. Overview The CDC eviction moratorium took effect on September 4, 2020, less than two weeks after the expiration of a different and narrower set of eviction protections established by the CARES Act (@4024). The original CDC order had an expiration date of December 31, 2020. Prior to its expiration, it was extended legislatively through January 31, 2021. The CDC administratively extended the order two additional times, first through March 31, 2021, then again through June 30, 2021. The CDC's national eviction moratorium applies to all renters who attest to meeting income and other eligibility criteria set out in the order. The criteria include having made all efforts to obtain government assistance for rent and being at risk of homelessness or overcrowded housing conditions upon eviction. Renters must assert their right to protection under the order by submitting a signed declaration of eligibility to their landlords (Attachment A of the order). The CDC moratorium does not supersede more protective state and local government eviction protections. The moratorium prohibits evictions only for nonpayment of rent and related fees, not other causes, and it does not prohibit landlords from charging fees or penalties, nor does it forgive unpaid rent amounts. The CDC eviction moratorium contains several enforcement provisions, including potential penalties for landlords that violate the order and potential penalty of perjury for tenants who falsely declare their Congressional Research Service https://crsreports.congress.gov IN11673 CRS INSIGHT Prepared for Members and Committees of Congress

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