Is this the end of the CDC’s nationwide Eviction Moratorium?
Appearing in Legal Services of Eastern Michigan’s April 2021 edition of the Fair Housing Newsletter. Written by LSEM Attorney Katie Stanley.
In March of 2020, the CARES Act was passed by Congress. This Act included a nationwide moratorium on evictions. Many housing advocates may attest however, that the protections it provided weren’t perfect, it served to prevent the spread of COVID-19 and a homelessness crisis in our most vulnerable populations during a global pandemic. As the CARES Act expired in July of 2020, many states enacted their own moratoriums that continued into the fall. As some states continued various protections and others began to slip through the cracks in this nationwide patchwork of government actions, the CDC again acted pursuant to its authority under Section 361 of the Public Health Service Act in September 2020 to extend the national eviction moratorium through March 31, 2021. This was extended again on March 29 through June 30, 2021.
On the same day, the federal Sixth Circuit Court (which covers Ohio, Tennessee, Kentucky, and Michigan) announced their ruling in Tiger Lily, LLC v. U.S. Dept. of Housing and Urban Development, et al. This was a governmental appeal following the lower courts finding that the CDC moratorium is unenforceable and is the first opinion at the federal circuit level. The government sought to stay this ruling pending appeal, and on March 29, 2021, it was denied by the Court on the basis that the government was “unlikely to succeed.” There have been similar strikes to the moratorium in other districts, including Texas. Other districts have sided with the government and the moratorium’s protections, including in the Western District of Louisiana and the Northern District of Georgia.
So far in this district, there have been three strikes to the CDC eviction moratorium, with this being the greatest blow. While it’s likely that any state protections will survive challenges through their general police and emergency powers, unlike the federal government, the state-specific eviction moratorium in Michigan is expired, and there are currently no protections in place. In a complicated system of moratoriums and rental assistance programs that is already cumbersome to navigate for both landlords and tenants alike, these protections are ever-changing, sometimes on a daily basis, as evidenced by the Tiger Lily finding. Ultimately and sadly, this finding will likely result in some tenants who would have otherwise been protected by the CDC rule to be evicted during a national health and economic crisis.
Throughout these challenging and complicated circumstances, Legal Services of Eastern Michigan is here to help eligible affected tenants and communities. Should you find yourself in need of housing advocacy or with questions about existing legal rights or protections, be sure to contact us for assistance or information about how we may be able to assist you.
