As of today (3/24), the CDC eviction moratorium has not been extended, but we expect it will be. The CDC filed a notice with the OMB indicating it intends to extend it, and the Department of Justice appealed a recent court decision from the Western District of Tennessee ruling that the moratorium is beyond the CDC’s power (which they wouldn’t bother to do if they didn’t intend to extend it). Part of the presumed rationale for extending it is slow disbursement of the federal emergency rental assistance program funds from the FY 2021 Appropriations Act and the American Rescue Plan (almost $47 billion), and the desire to stop evictions that could be avoided once the aid is out there. Notably, the Administration has been very tight-lipped about both when they’ll announce the extension and how long it will be for. Earlier this year it was set to expire on January 31, and the extension was announced about 48-hours in advance of that date. In terms of the length, according to the Washington Post, anonymous sources report that it may be through at least the end of July (though there has been no other reporting of the length). As you note, the article states that the Administration is considering two other changes: a broader education campaign to let renters know assistance available, and taking a more active role in enforcing the moratorium against housing providers that don’t honor it. NAR is part of a housing provider coalition (which includes the National Apartment Association, the National Multifamily Housing Council, the Mortgage Bankers Association, the National Association of Home Builders, and the Manufactured Housing Institute) which has been advocating for an end to the eviction moratorium and enough rental assistance to make the housing providers, many of whom are struggling to pay their mortgages due to lost rent, whole. We’ve stressed since last April that an eviction moratorium merely temporarily shifts the underlying economic issue. NAR spoke with both the Trump and Biden Administrations to express our issues with the moratorium and the problems it is causing for the stability of the rental housing market, on top of our advocacy in the House and Senate. NAR also submitted a declaration illustrating the economic impact of the eviction moratorium/unpaid rent across the country for the lawsuit brought against the CDC by the Alabama Association of REALTORS. As soon as we have more concrete information on the extension we’ll be putting out an alert for NAR members as well as posting it here on the Hub. We’ll also update all of our online resources for members. For more specific information about the current moratorium and the federal emergency rental assistance program, I encourage you to check out our Housing Providers FAQ on the NAR site. Please let me know if you have any questions. Erin K. Stackley, Esq. Senior Policy Representative, Commercial Issues National Association of REALTORS® I Washington, DC 202-383-1150
CDC Eviction Moratorium Update from NAR
