Supreme Court allows extension of CDC’s eviction moratorium

WHAT YOU NEED TO KNOW:

• In a 5-4 vote on Tuesday, the Supreme Court ruled to allow the extension of the eviction moratorium set by the Centers for Disease Control and Prevention.
• The complaint was filed by a group of landlords and real estate personnel, arguing that the moratorium has resulted in more than $13 billion unpaid rent every month.
• Acting Solicitor General Elizabeth Prelogar has urged the Supreme Court to permit the moratorium’s extension until July 31.

The US Supreme Court made a split decision on Tuesday, denying a request by landlords to halt the Centers for Disease Control and Prevention order that restrains them from expelling unpaid tenants throughout the COVID-19 pandemic. The latest ruling meant that the moratorium will remain effective until July 31.

With a 5-4 vote, the Justices voted to hold the effectiveness of the nationwide moratorium. Those in favor of retaining the policy were Chief Justice John Roberts, Justice Brett Kavanaugh, and the three liberal Justices ━ Elena Kagan, Sonia Sotomayor, Stephen Breyer

Meanwhile, conservative Justices Amy Coney Barrett, Clarence Thomas, Neil Gorsuch and Samuel Alito voted in favor of lifting the CDC order.

Last week, CDC Director Dr. Rochelle Walensky said that the moratorium, which would supposedly expire on Wednesday, will have its “final” extension until July 31.

“The COVID-19 pandemic has presented a historic threat to the nation’s public health. Keeping people in their homes and out of crowded or congregate settings — like homeless shelters — by preventing evictions is a key step in helping to stop the spread of COVID-19,” she said in a statement.

In an emergency appeal to the high tribunal, a group composed of landlords, real estate companies and real estate trade associations have requested to put an end to the moratorium, arguing that “Congress never gave the CDC the staggering amount of power it now claims.”

The grace period has resulted in more than “$13 billion in unpaid rent per month.”

A district court has ruled in favor of the complainants, arguing that the moratorium was illegal, though for now, the ruling is on hold.

In his dissenting opinion, Kavanaugh sided with the District Court that claimed that the CDC overstepped its authority by ordering a nationwide moratorium. He noted, though, that he allowed the moratorium to remain in effect since the additional weeks would “allow for additional and more orderly distribution of the congressionally appropriated rental assistance funds.”

For the meantime, acting Solicitor General Elizabeth Prelogar has urged the justices to permit the extension of the moratorium. Through court documents, Prelogar advised the justices that federal law grants the Health and Human Services secretary, through the CDC, to enforce measures that would “prevent the introduction, transmission, or spread of communicable diseases” across the US.

She argued that the moratorium was only “temporary” and is vital in preventing the spread of the virus since it prohibits movement of people.

Last Thursday, Prelogar also issued a letter to the Supreme Court to update them on the latest extension, emphasizing that the moratorium was extended to avoid a “wave of evictions.”

Source: CNN.com