CARH’s Broadcast Email—Regulatory Alert

Yesterday, August 3, 2021, the Biden Administration and the Centers for Disease Control and Prevention (CDC) re-issued the federal eviction moratorium. Click here to read the latest CDC Order.

Persons who provided declarations under the previous moratoria dated September 4, 2020, January 29, 2021, March 28, 2021, or June 24, 2021, remain protected if they live in a county experiencing high transmission rates and continue to meet the definition of a “covered person.” The CDC Order runs from August 3, 2021 to October 3, 2021.

The Supreme Court in Alabama Association of Realtors, et al. v. Department of Health and Human Services, et al. signaled that the CDC exceeded its authority in issuing the prior Orders, and clear congressional authorization would be needed for any future order. Over the past several days, Congress reviewed the issue and did not have the votes to provide this authorization. The Administration struggled to find the legal authority to act without this needed congressional authorization. (See the White House statement.) It is unclear how this new CDC Order rests on any new or different legal authority from past CDC Orders.

CARH opposes the moratorium as a solution to the economic fallout of the COVID-19 pandemic. CARH calls on our federal, state, and local governments to speed up the distribution of the more than $45 billion in rent relief funds provided in the two Emergency Rental Assistance programs under the Consolidated Appropriations Act, 2021, and the American Rescue Plan Act of 2021. As widely reported, most of this assistance has not reached property owners and renters.

Please contact the CARH national office at or 703-837-9001 should you have questions or concerns.