Boston Real Estate Investors Association

SCOTUS Leaves CDC Eviction Moratorium in Place

SCOTUS Leaves CDC Eviction Moratorium in Place

scotus sealIn a 5-4 ruling, the U.S. Supreme Court has refused to end the CDC’s nationwide moratorium on evictions.  Previously, U.S. District Court Judge Dabney Friedrich struck down the moratorium saying it exceeded CDC’s authority, however, she put her ruling on hold, pending appeal.   The AP is reporting that the court rejected that plea by landlords to end the CDC’s moratorium on evictions, that was previously rejected by the lower courts and had been appealed to the Supreme Court.  The Biden administration recently extended that moratorium through July.

Chief Justice John Roberts, Justices Brett Kavanaugh, Elana Kagan, Stephen Breyer, and Sonia Sotomayor voted to keep the moratorium in place while Justices Samuel Alito, Amy Coney Barrett, Neil Gorsuch and Clarence Thomas said they would have ended it.

scotus Associate Justice Bret M. Kavanaugh
Justice Bret Kavanaugh

In a brief opinion, Justice Brett Kavanaugh said he agreed with Friedrich’s ruling, but voted to leave the ban on evictions in place because it’s due to end in a month and “because those few weeks will allow for additional and more orderly distribution of the congressionally appropriated rental assistance funds.”


Charles Tassell

“Unfortunately, the CDC’s eviction moratorium has hurt many people – especially those striving to provide quality affordable housing options.  Housing providers have been prevented from undertaking legitimate evictions & renovations, thus tying up clean & safe housing stock that is much needed by many Americans.  In addition, a lot of hardworking men & women in the building trades, landscaping, property management and even housing providers themselves have been deprived of legitimate income that has had a negative impact on their ability to provide quality housing options at all levels of affordability.”  Said Charles Tassell, COO of National REIA.

Click here to read the full story at the AP.

Click here to read Justice Kavanaugh’s opinion.

Click here to read previous coverage of  the CDC’s moratorium on Real Estate Investing Today.


The post SCOTUS Leaves CDC Eviction Moratorium in Place appeared first on Real Estate Investing Today.

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