According to the National Association of Home Builders in NAHBNow news, the Centers for Disease Control and Prevention (CDC) recently modified and extended its eviction moratorium order until June 30, 2021. Due to a previous court ruling in which NAHB took part, this order should not apply to NAHB members, though non-members will need to comply with the CDC order. However, all parties – NAHB members and non-members – must still comply with any state or local eviction moratoriums that remain in effect.
The modification that the CDC released includes a statement of intent, changes to the applicability section, a new section concerning the declaration forms and new information about the pandemic.
Recently, three separate federal courts have found that the CDC’s moratorium is unlawful. In NAHB’s case, the Northern District of Ohio found that Congress did not provide the CDC with the authority to issue such a moratorium. This extension should not alter that decision.
As noted in a previous NAHBNow post, the reason the court decision was set aside for all NAHB members — and not all landlords nationwide — is because NAHB was a plaintiff in the case and had “representational standing.” This means NAHB was acting as a representative of its members who have been impacted by the moratorium. When an association wins a case like this, the decision applies to all its members.
Additionally, NAHB continues to urge members to seek access to the $46.5 billion of rental funding through the Emergency Rental Assistance Program via local government and state housing finance agencies before pursuing an eviction or as an alternative to starting eviction proceedings.
