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1 1 (August 10, 2021)

handle is hein.crs/goveegy0001 and id is 1 raw text is: Congressional aResearch Service ~~~ ~~informing the legi Iative debate since 1914 ___________________ The CDC's Federal Eviction Moratorium Updated August 10, 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 moratorium was extended several times, until it expired on July 31, 2021. On August 3, 2021, the CDC issued a new order implementing another eviction moratorium through October 3, 2021. Rather than applying nationwide, the new order is only applicable in counties with heightened rates of COVID-19 community transmission. Both orders are intended to prevent the spread of COVID-19 by preventing homelessness and overcrowded housing conditions resulting from eviction. The CDC's actions, which followed an Executive Order directing it to consider such measures, are unprecedented, both in terms of the agency's reach into what is traditionally state and local governance of landlord-tenant law and its use of a public health authority. Courts have issued conflicting decisions on the initial order's legality, leaving a cloud of uncertainty regarding the order's enforceability. Overview The initial CDC eviction moratorium took effect on September 4, 2020, shortly after the expiration of a 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 three times: through March 31, June 30, and July 31, 2021. The third extension stated that absent an unexpected change in the trajectory of the pandemic, CDC does not expect to extend the Order further. The CDC issued the new order on August 3, 2021, citing a surge of cases spurred by the Delta variant. The latest moratorium applies to all renters who attest to meeting the order's income and other eligibility criteria and live in counties experiencing substantial or high rates of community transmission of COVID- 19, as determined by the CDC. Eligibility criteria include having made all efforts to obtain governmental rental assistance 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. 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. Congressional Research Service https://crsreports.congress.gov IN11673 CRS INSIGHT Prepared for Membersand Committeesof Congress

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