Supreme Court strikes down eviction moratorium

On Aug. 26, 2021, the U.S. Supreme Court struck down the current moratorium on evictions for nonpayment of rent that was issued by the Centers for Disease Control (CDC) on Aug. 3, 2021 and that was to continue through Oct. 3, 2021

As a result, landlords and property managers who have an existing judgment for possession of leased premises where the tenants have submitted a CDC moratorium declaration can ask their attorneys to request that an execution for possession be issued by the court for enforcement by the sheriff.

The basis of the Supreme Court’s decision was that the CDC lacked statutory authority to order the eviction moratorium, but the court said that Congress could enact such a moratorium. In July there were insufficient votes in the U.S. House of Representatives to enact a moratorium, and the House is now in recess until mid-September. Both the House and the U.S. Senate would have to pass a new moratorium, and it would have to be signed by President Biden before it could become effective. Political observers expect intense lobbying on both sides of the issue, and some predict there won’t be enough votes to enact a new moratorium.

Landlords and property managers should be aware that if they have a judgment for possession that specifies an execution date based on the CDC moratorium, it may be necessary to file a motion to accelerate the execution when requesting an execution.

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