U.S. Supreme Court Rejects CDC's Extension of Eviction Moratorium

September 7, 2021

The U.S. Supreme Court on August 26, 2021, rejected the Center for Disease Control and Prevention’s (“CDC”) latest extension of the eviction moratorium.  The Court’s majority declared that the CDC exceeded its authority in extending the moratorium on its own, and that, if a federally imposed eviction moratorium is to continue, “Congress must specifically authorize it.”  It is important to note that this decision only affects federal moratoriums and has no effect on moratoriums issued by states and localities, including local courts.  In Ohio, Ohio Supreme Court Justice Maureen O’Connor recently sent a letter to Ohio judges, encouraging them to help landlords and tenants access rental assistance in order to avoid evictions.  For questions on how to navigate eviction proceedings for landlords or tenants, please contact one of the attorneys in the firm’s real estate or litigation practice groups.