American Rescue Plan - Extend the Moratorium

In response to the

COVID-19 pandemic The COVID-19 pandemic (also known as the coronavirus pandemic and COVID pandemic), caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), began with an disease outbreak, outbreak of COVID-19 in Wuhan, China, in December ...

, the

United States federal government The Federal Government of the United States of America (U.S. federal government or U.S. government) is the Federation#Federal governments, national government of the United States. The U.S. federal government is composed of three distinct ...

and several

U.S. states In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its so ...

implemented moratoriums on

eviction Eviction is the removal of a Tenement (law), tenant from leasehold estate, rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosure, foreclosed by a mortgagee (often ...

Federal

In March 2020, the

United States Congress The United States Congress is the legislature, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, ...

passed the

CARES Act The Coronavirus Aid, Relief, and Economic Security Act, also known as the CARES Act, is a $2.2trillion Stimulus (economics), economic stimulus bill passed by the 116th U.S. Congress and signed into law by President Donald Trump on March ...

, which included a moratorium on the evictions of tenants in rental properties that receive federal funding or have federal government-backed mortgages until July 2020. The

Centers for Disease Control and Prevention The Centers for Disease Control and Prevention (CDC) is the National public health institutes, national public health agency of the United States. It is a Federal agencies of the United States, United States federal agency under the United S ...

(CDC) announced an additional eviction moratorium on September 1, 2020, expected to last until December 31 of that year. The order cited Section 361 of the

Public Health Service Act The Public Health Service Act is a Law of the United States, United States federal law enacted in 1944. The full act is codified in Title 42 of the United States Code (The Public Health and Welfare), Chapter 6A (United States Public Health Servi ...

, which gives the agency authority to: A challenge to the moratorium was filed in November by the Alabama Association of Realtors. In the District Court for D.C., Judge Dabney L. Friedrich ruled that the Public Health Service act did not give the CDC authority to enact moratoria on evictions. Friedrich cited the rule of '' eiusdem generis'', writing that evictions were too dissimilar from the other items listed in Section 361 to be covered under the phrase "and other measures." On appeal, the

Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

voted 5–4, to maintain the moratorium. The

Biden administration Joe Biden's tenure as the List of presidents of the United States, 46th president of the United States began with Inauguration of Joe Biden, his inauguration on January 20, 2021, and ended on January 20, 2025. Biden, a member of the Democr ...

issued a new eviction moratorium on August 3, 2021, intended to last until October 3. It was applicable to counties with substantial or high transmission rates of COVID-19. On August 26, the Supreme Court struck down the moratorium.

State

have implemented some form of an eviction moratorium during the COVID-19 pandemic; 27 of these states lifted their eviction moratoriums between May and September 2020.

California

On June 28, 2021,

Governor A governor is an politician, administrative leader and head of a polity or Region#Political regions, political region, in some cases, such as governor-general, governors-general, as the head of a state's official representative. Depending on the ...

Newsom signed a bill passed by the

California State Legislature The California State Legislature is the bicameral state legislature of the U.S. state of California, consisting of the California State Assembly (lower house with 80 members) and the California State Senate (upper house with 40 members). ...

extending eviction protections until September 30.

New York

In December 2020, the

New York State Legislature The New York State Legislature consists of the Bicameralism, two houses that act as the State legislature (United States), state legislature of the U.S. state of New York (state), New York: the New York State Senate and the New York State Assem ...

passed a state moratorium on evictions. In May 2021, the legislature extended the moratorium until August 31. The Supreme Court struck down a provision of the state moratorium that protected people who filed a form declaring economic hardship, rather than providing evidence in court.

References

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* * {{COVID-19 pandemic in the United States Housing in the United States United States responses to the COVID-19 pandemic