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Appeals Court Leaves CDC Eviction Moratorium Intact for Now

A federal appeals court in Washington, DC on Wednesday denied a request by a group of landlords to resume evictions, leaving the Centers for Disease Control and Prevention’s (CDC) nationwide eviction moratorium in place. The matter may go to the Supreme Court.

The ruling from the D.C. Circuit Court of Appeals follows last month’s action by U.S. District Judge Dabney Friedrich, who ruled that CDC had overstepped its authority. However, Friedrich issued a temporary stay to allow time for the Biden administration to appeal.

At the National Multifamily Housing Council, CEO Doug Bibby noted on Wednesday, “While federal policymakers ultimately provided $46.5 billion for emergency rental assistance, the continuation of eviction moratoriums has renewed focus on broader questions of eviction practices, as well as raised concerns about the disruption in the market once the moratoriums expire. Our research shows that reliable and complete data on evictions is severely lacking and may not be realistically obtainable due to the disaggregated nature of court records and eviction reporting.”

The scarcity of quality national data “speaks to the hazard of one-size-fits-all federal policy solutions,” Bibby added. “The highly individualized nature of eviction proceedings and laws, along with locality-specific conditions that exacerbate housing instability like affordability and housing supply, calls for state and local solutions.

In addition, rental housing is dominated by non-institutional, ‘mom and pop” property owners,” he continued. “When eviction moratoria policies are treated as ‘rental holidays,’ these individual property owners tend to suffer disproportionately – as do renters, who end up with fewer options.”


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About Paul Bubny

Paul Bubny serves as Senior Content Director for Connect Commercial Real Estate, a role to which he brings 13-plus years’ experience covering the commercial real estate industry and 30-plus years in business-to-business journalism. In this capacity, he oversees daily operations while also reporting on both local/regional markets and national trends, covering individual transactions across all property types, as well as delving into broader subject matter. He produces 15-20 daily news stories per day and works with the Connect team and clients to develop longer-form content, ranging from Q&As to thought-leadership pieces. Prior to joining Connect, Paul was Managing Editor for both Real Estate Forum and at American Lawyer Media, where he oversaw operations at both publications while also producing daily news and feature-length articles. His tenure in B2B publishing stretches back into the print era, and he has served as Editor in Chief on four national trade publications. Since 1999, Paul has volunteered as the newsletter editor of passenger rail advocacy groups (one national, one local).

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