Hi All!
It has been a monumental week for the CDC eviction ban, and a flurry of media stories may have rightfully left folks a bit confused, to say the least!
So, let me try and break it down for us. Despite some misguided headlines, there actually was some excellent news this week on this very issue.
As you know, the Trump White House directed the Centers for Disease Control and Prevention (CDC) to act during the pandemic health emergency to ban all evictions nationwide. The CDC under President Trump and then President Biden extended the moratorium several times, most recently through July 31st.
With the National Association of REALTORS backing and guidance, the Georgia and Alabama Associations of REALTORS sued in federal court, claiming the CDC lacked statutory authority to ban all evictions.
The was a strategic decision by the National Association of REALTORS (NAR). In May, a federal judge struck down the ban as unlawful NATIONWIDE! Although the case was won, the judge issued a stay of her ruling pending an appeal by the government, of course!
With so many housing providers suffering under a financial strain, NAR immediately appealed to the D.C. Circuit Court and then to the Supreme Court to lift the stay.
Now, this is where it gets interesting. This week, four Supreme Court justices voted to end the stay immediately and, therefore, the eviction ban. They agreed with all the merits of the case – that the CDC acted unlawfully!
A fifth justice also agreed on the merits, BUT he wanted the ban in place through the end of July to allow more time for an orderly transition – if that makes sense.
The bottom line: A majority of Supreme Court justices are now on the record agreeing with the merits of the case that the CDC exceeded its existing statutory authority to bank all evictions.
So, even though the ban is here for a few more weeks, it is still a BIG win for property rights with the help of the National Association of REALTORS.
The CDC should not be able to do this again in a future emergence without going through Congress. AND, for the FIRST time, the CDC eviction bank is coming to an end.
At an Eviction Prevention Summit yesterday at the White House with Domestic Policy Advisor Susan Rice, she said ‘Following the CDC’s announcement last week of an instant, one-month extension of the eviction moratorium until July 31st, the Administration announced a series of actions to stabilize families and prevent evictions, including steps to encourage state and local governments to disburse the more than $46 billion in emergency rental assistance made available to assist households in need.’
NAR is pleased with the Administration’s effort to deploy rental assistance to struggling property owners much more speedily.
The NAR team fought for and helped secure billions in rental assistance in 2020. They reached almost every single member of Congress on the issue and held meetings with the White House. One of the most influential members of Congress said it would not have happened without NAR’s influence. GO, REALTORS!!! This is Who We Are…
