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1 1 (August 31, 2021)

handle is hein.crs/govegbq0001 and id is 1 raw text is: Congressional ____ '.Research Service The CDC's Federal Eviction Moratorium Updated August 31, 2021 On August 26, 2021, the Supreme Court blocked enforcement of the new order temporarily imposing an eviction moratorium issued by the Centers for Disease Control and Prevention (CDC). The Court determined that the plaintiffs were virtually certain to succeed on the merits of their argument that the CDC has exceeded its authority. The Supreme Court did not rule on the merits of the moratorium, and lower courts may still issue decisions on its legality even as evictions are allowed to proceed. (See this Legal Sidebar for discussion of the Supreme Court ruling.) The CDC originally imposed a nationwide, temporary federal moratorium on residential evictions for nonpayment of rent on September 4, 2020 (initial order). The CDC extended the initial order 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 (new order). The new order was applicable only in counties with heightened rates of COVID-19 community transmission. Both CDC orders were 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 breadth of the agency's use of this public health authority and its reach into what is traditionally state and local governance of landlord-tenant law. Overview The CDC's initial order took effect on September 4, 2020, shortly after the expiration of a narrower set of eviction protections established by the CARES Act (§4024). The initial order had an expiration date of December 31, 2020. Prior to its expiration, the order was extended legislatively through January 31, 2021. The CDC administratively extended the initial 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 new order 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 Congressional Research Service https://crsreports.congress.gov IN11673 CRS INSIGHT Prepared for Members and Committees of Congress

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