| Breaking-Supreme Court Blocks Eviction Moratorium
We wanted to get this news out to you timely. Late last night, after holding hearings during the court's scheduled recess, the Supreme Court officially ruled on the lack of constitutionality of the CDC's eviction moratorium that has been in place for almost one year.
From the National Association of Residential Property Managers (who has been one of the plantiffs in this lawsuit):
The United States Supreme Court has blocked the CDC eviction moratorium. Here are some quotes from the Court's opinion:
....it is a stretch to maintain that §361(a) gives the CDC the authority to impose this eviction moratorium.
The equities do not justify depriving the applicants of the District Court’s judgment in their favor. The moratorium has put the applicants, along with millions of landlords across the country, at risk of irreparable harm by depriving them of rent payments with no guarantee of eventual recovery. Despite the CDC’s determination that landlords should bear a significant financial cost of the pandemic, many landlords have modest means. And preventing them from evicting tenants who breach their leases intrudes on one of the most fundamental elements of property ownership—the right to exclude.
It is indisputable that the public has a strong interest in combating the spread of the COVID–19 Delta variant. But our system does not permit agencies to act unlawfully even in pursuit of desirable ends. Cf. Youngstown Sheet & Tube Co. v. Sawyer, 343 U. S. 579, 582, 585–586 (1952) (concluding that even the Government’s belief that its action “was necessary to avert a national catastrophe” could not overcome a lack of congressional authorization). It is up to Congress, not the CDC, to decide whether the public interest merits further action here.
If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it.
The majority opinion was unsigned. The dissent was written by Justice Breyer, who was joined by Justices Sotomayor and Kagen.
As more information becomes available, we will be sure to share it with you. | 
