Client Alert


Federal Eviction Moratorium Overturned

A row of blue paper houses.

On September 4, 2020, the U.S. Department of Health and Human Services (“HHS”) through the Centers for Disease Control and Prevention (“CDC”) enacted a nationwide eviction moratorium that bans landlords from evicting residential tenants who are unable to pay rent (“CDC Order”).  On May 5, 2021, the U.S. District Court for the District of Columbia vacated the CDC Order, holding that although the Public Health Service Act (“Act”) authorizes the CDC to combat the spread of COVID-19 through a number of measures, it does not give the CDC the legal authority to impose a nationwide eviction moratorium.  As a result, the CDC’s moratorium exceeded the authority provided to it in the Act.

Immediately after the Court’s ruling, HHS filed an emergency motion to stay the enforcement of the Court’s ruling and the Court granted a temporary administrative stay through May 16, 2021. The Court is slated to make a final decision shortly after May 16, 2021.

What this Means for You

  • As of now, at least 43 states and multiple municipalities, including Illinois and Chicago, have some form of a residential or commercial tenant eviction moratorium in place
  • If the CDC Order is ultimately vacated, tenants in those jurisdictions will still be protected by the local moratoriums in place

HMB Legal Counsel will continue to monitor the federal, state and local eviction moratorium bans as they evolve. If you have specific questions regarding eviction moratoriums, leasing or foreclosure matters, please contact a member of our Real Estate Team.

Source for Statistics:

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