On Friday, the federal appeals court rejected a petition by landlord groups demanding that the latest moratorium on residential evictions imposed by President Joe Biden’s administration be temporarily halted, setting up a Supreme Court showdown.
Two chapters of the National Association of Realtors sought to stop the COVID-19 pandemic-related eviction ban set by the Center for Disease Control and Prevention (CDC) by filing a written request to the U.S. Court of Appeals for the District of Columbia Circuit. A moratorium, implemented after a previous one expired at the end of July, will be in effect through Oct. 3.
The moratorium was challenged by real estate groups in Alabama and Georgia.
By issuing the moratorium, the administration overstepped its authority, according to the appellate court’s order. The Supreme Court will hear arguments over whether the administration overstepped its authority.
Within hours after the order was issued, realtor groups asked the Supreme Court for an emergency motion lifting the moratorium, claiming that “Congress never gave the CDC the staggering amount of power that it claims.”
Jen Psaki, a White House Press Secretary, said in a statement that the Biden administration is “pleased that the circuit court has decided to join the district court in keeping the moratorium in place, which allows hard-pressed Americans to remain in their homes.”
On Aug. 3, under pressure from other Democrats, Biden’s administration issued a slightly narrower moratorium on evictions three days after it expired. President Biden initially called for congressional action to renew the moratorium, but his administration reversed course.
Currently, 90% of U.S. counties are covered by the moratorium, but the impact of COVID-19 may vary.
After a prior moratorium approved by Congress expired in September 2020, the CDC issued a new moratorium in an effort to combat the spread of COVID-19 and prevent homelessness during the pandemic.