Supreme Court, FHFA Back Tenant and Homeowner Protections
June 30, 2021
Source: DS News
The United States Supreme Court Tuesday denied a request by a group of landlords and real estate associations to invalidate the Center for Disease Control (CDC) moratorium on evictions.
In a five-four decision, the court ruled to allow the pandemic-related stay on all evictions related to non-payment of rent to remain in place through the end of July. Both the Federal Housing Finance Agency (FHFA) and the CDC last week announced one-month extensions to foreclosures and eviction bans, respectively, that were set to expire at the end of this month.
Justice Brett Kavanaugh, who, along with Chief Justice John Roberts, sided with the liberal-leaning judges in the denial, wrote that his decision was based on the fact that the CDC moratorium ends in one month. He indicated that his decision would be different should the bans be extended any further, something the CDC has said it will not do.
“In my view, clear and specific congressional authorization (via new legislation) would be necessary for the CDC to extend the moratorium past July 31,” Justice Kavanaugh wrote in his opinion. He expressed agreement with the applicants that the CDC was “exceeded its existing statutory authority by issuing a nationwide eviction moratorium.”
CDC Director Rochelle Walensky signed the extension of the CDC eviction moratorium, which prevents the ousting of tenants from rental homes and apartments, and said “this is intended to be the final extension of the moratorium.”
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