August 19, 2022

Volume XII, Number 231

Advertisement
Advertisement

August 18, 2022

Subscribe to Latest Legal News and Analysis

August 17, 2022

Subscribe to Latest Legal News and Analysis

August 16, 2022

Subscribe to Latest Legal News and Analysis
Advertisement

COVID-19 Update: Supreme Court Denies Request to Lift CDC’s Eviction Moratorium

On June 29, 2021, the Supreme Court denied an application by a group of real estate agents and associations to lift the eviction moratorium issued by the Centers for Disease Control and Prevention (the “CDC”). Originally issued on September 4, 2020, the CDC’s order temporarily banned evictions of residential tenants in an effort to mitigate the spread of COVID-19. The order, which was originally set to expire on December 31, 2020, was extended to January 31, 2021, further extended to March 31, 2021, and extended again until June 30, 2021. Most recently, on June 24, 2021, the CDC Director renewed the order until July 31, 2021.

The applicants, a group of real estate agents and associations, with the Alabama Association of Realtors acting as lead plaintiff, filed an action on November 20, 2020, against the United States Department of Health and Human Services, alleging that the eviction moratorium issued by the CDC exceeds the CDC’s statutory authority. On May 5, 2021, U.S. District Judge Dabney Friedrich ruled that the eviction moratorium exceeded the power that Congress had given the CDC. In response, the Department of Justice appealed to the U.S. Court of Appeals for the District of Columbia Circuit and requested an emergency stay of the order pending the appeal, which was granted. On June 2, 2021, the Court of Appeals upheld the emergency stay, which meant the eviction moratorium remained in place. The plaintiffs then filed an emergency application with the Supreme Court to vacate the stay.

The Supreme Court decided 5-4 to deny the application to vacate the stay. Justices Thomas, Alito, Gorsuch and Barrett would have granted the request to lift the CDC’s eviction moratorium. Justice Kavanaugh wrote a short concurring opinion, stating that he agreed with the District Court and the applicants that the CDC exceeded its statutory authority by issuing the nationwide eviction moratorium. However, because the moratorium is set to expire in only a few weeks, and because those few weeks will allow for “additional and more orderly distribution” of the congressionally appropriated rental assistance funds, he voted to keep the stay in place. He noted that “clear and specific congressional authorization (via new legislation) would be necessary for the CDC to extend the moratorium past July 31.”

© Copyright 2022 Cadwalader, Wickersham & Taft LLPNational Law Review, Volume XI, Number 182
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Steven M. Herman Cadwalader, Joint Ventures Lawyer mortgage securitizations Attorney
Partner

Steven Herman concentrates his practice in the areas of real estate finance, development, joint ventures, acquisitions, dispositions, commercial leasing, restructurings, workouts, and commercial mortgage securitizations. His work ranges from single- and multiple-asset negotiated and auction transactions to highly structured transactions that span all segments of the marketplace, including office, hotel, retail, multifamily, mixed-use healthcare, and industrial facilities. Steve's clients include investment banks, commercial banks, developers, investors, partners, lenders...

212 504 6054
Eunji Jo Real Estate Finance Lawyer Cadwalader Law Firm
Associate

Eunji Jo is an associate in Cadwalader’s Finance Group. Her practice is focused on real estate finance.

Eunji received her J.D., cum laude, from the University of Alabama School of Law, where she was an Articles Editor of the Alabama Law Review. She received her B.A. in Economics and Mathematics from Vanderbilt University. Eunji is admitted to practice in the State of North Carolina.

704-348-5153
Advertisement
Advertisement
Advertisement