CDC eviction moratorium put down – real estate and construction


Primer Piper Eggleston & Cramer

United States:

CDC eviction moratorium imposed

October 04, 2021

Primer Piper Eggleston & Cramer

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We wrote about pandemic eviction restrictions in New Hampshire last month with an update on July 31, 2021, the Centers for Disease Control’s eviction moratorium expiration, as part of our blog series. Two days later, we wrote again to report that President Biden has reinstated a federal ban on evictions for non-payment of rent in all counties in America “experiencing significant or high levels of COVID-19 transmission in the community.” That quickly brought back the eviction moratorium for all of New Hampshire and most of the country.

We noted in our previous post that the White House was letting the CDC moratorium expire because the Supreme Court recently signaled that it would lift the CDC eviction ban. Then the White House changed course and brought the eviction moratorium back. The Supreme Court has now honored its promise three weeks later and declared the moratorium invalid.

The Supreme Court agreed with the Alabama Association of Realtors (along with other plaintiffs) that the CDC acted beyond its legal authority by imposing a national moratorium on evictions. The CDC had claimed it had “extensive powers to take whatever action it sees fit”.[ed] necessary to control the spread of COVID-19, including the adoption of the moratorium. “” But the [statutory] Granting of powers “held by the CDC, e.g.[s] to prevent. . . the disease itself. “

“It is a burden on gullibility,” the court’s unsigned opinion said, “to believe that this law gives the CDC the sweeping authority it claims”:

It is difficult to see what action would place this interpretation out of the reach of the CDC, and the government has no limit on what to do [the statute] beyond the requirement that the CDC deems a measure to be “necessary”. For example, could the CDC mandate free food delivery to the homes of the sick or vulnerable? Require manufacturers to provide free computers so people can work from home? Tell telecommunications companies to provide free high-speed Internet service to make it easier to work remotely?

While we may not see another federal eviction moratorium without the approval of Congress, renters can still avoid eviction by paying the amounts owed, possibly with the help of government-provided emergency tenant relief. As of the end of July, there was only $ 5.1 billion in New Hampshire resources, according to the Treasury Department, for renters who need help with past due and future rent payments. The New Hampshire Emergency Rental Assistance Program (NHERAP) provides assistance to eligible residents who are unable to pay their rent or utilities due to the economic impact of the COVID-19 pandemic. With the tenant’s consent, a landlord can help a tenant apply for rent assistance.

The content of this article is intended to provide general guidance on the subject. Expert advice should be sought regarding your specific circumstances.

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