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Extended Eviction Moratorium Survives Initial Legal Challenges

Next stop, the U.S. Supreme Court.  

Last week, U.S. District Judge Dabney Friedrich from the District of Columbia ruled against a case led by the Alabama Association of Realtors, leaving the new U.S. Centers for Disease Control and Prevention (CDC) eviction order issued on August 3, 2021 in effect. The Realtors swiftly appealed the case and on August 20, the U.S. District Court of Appeals for the District of Columbia upheld Judge Friedrich’s decision. 

The National Apartment Association (NAA) is extremely disappointed in this ruling as we have long recognized the CDC’s eviction order as unlawful and overreaching. NAA remains an aggressive advocate against extension of existing or creation of new eviction moratoriums and continues relentless efforts to preserve the nation’s housing infrastructure. Ultimately, eviction moratoriums are irresponsible and unfunded government mandates that leave renters with insurmountable debt and rental housing providers to unfairly hold the bag. Housing affordability remains, and always has been, collateral damage for these policies. 

The Realtors are largely expected to appeal this to the U.S. Supreme Court. The nation’s highest court, which does return for their next session until October 4, 2021, the day after the CDC’s eviction order is scheduled to expire, could still pick up this case outside of session. 

NAA will continue to provide updates as they become available. In addition, we remain committed to robust advocacy against eviction moratoria as we continue ongoing discussions with policymakers and top-tier media outlets to ensure that the voices of the rental housing community are heard and valued. Current member guidance on the present CDC order is available here

Further, NAA continues its newest lawsuit seeking more than $26 billion in damages for rental housing providers harmed by the CDC’s order.