8/4/21 - New targeted moratorium on evictions

The Biden administration issues a new targeted moratorium on evictions for areas that have been hit hardest by COVID-19

WASHINGTON — (USA TODAY) - President Joe Biden's administration Tuesday issued a targeted moratorium on evictions in areas hardest hit by COVID-19, replacing a nationwide evictions freeze that expired Saturday despite legal concerns about doing so unilaterally. 

The new action, in effect for 60 days, bans evictions in counties with high rates of COVID-19 transmission, reflecting where the Centers for Disease Control and Prevention recommends vaccinated residents mask indoors and in public settings. 

CDC Director Rochelle Walensky signed the order Tuesday evening after Biden confirmed the move earlier in the day. The president said he sought input from constitutional scholars to determine whether the CDC had the legal authority to issue a new evictions action but it was unclear whether it could pass constitutional muster. 

Biden said that pending litigation will "probably give some additional time" for rental assistance funds to flow. The president said his hope is the new targeted action would in some way cover close to 90% of Americans who are renters.

Outside the Capitol Tuesday afternoon, Schumer applauded Democratic Rep. Cori Bush, D-Mo., who had camped on the Capitol steps since Friday to draw attention to the issue.

"It will be a win for people who have for such a long time – because I'm one of those people – felt like nobody listened," Bush said. She added that she hasn't seen the language of the new moratorium. "Our work isn't done. This is a step but the work isn't done."

The previous federal moratorium – put in place during the pandemic to help Americans unable to make their rent payments – was credited with keeping more than 2 million renters in their homes. Eleven million Americans are behind on their rent during the pandemic. 

Major legal questions remain, however.

Over the past year, the CDC extended the moratorium meant to help Americans struggling to pay rent during the pandemic three times. But as recently as Monday, the White House said only Congress can extend the evictions freeze again after the Supreme Court ruled in June that the CDC overstepped its authority when it created the policy.

"To date, the CDC Director and her team have been unable to find legal authority, even for a more targeted eviction moratorium that would focus just on counties with higher rates of COVID spread," White House senior advisor Gene Sperling said Monday.

In a ruling June 29, a 5-4 majority of the Supreme Court allowed the federal eviction moratorium to remain in place through the end of July. But Associate Justice Brett Kavanaugh said he provided the fifth vote only because the freeze was about to expire on its own and said any further extension would require congressional authorization.

Searching for a solution, the White House on Monday urged landlords to hold off for 30 days and seek federal emergency rental assistance to be compensated. Biden also called on all states and cities to enact their own moratoriums on evictions for the next two months. These actions would be moot if the new federal moratorium holds up in court.

Pres. Biden and Democrats have called attention to $46.5 billion approved by Congress this year for rental assistance that state and local governments have been slow to spend. The White House said it is examining why states and cities have failed to distribute the money.