On August 26, 2021, the United States Supreme Court in a 6-3 ruling, blocked the latest Centers for Disease Control (CDC) Eviction Moratorium, finding that the CDC exceeded its authority. A majority of the Court held that only Congress can allow for such a ban on evictions.
As you may recall, this latest moratorium was imposed on August 3, 2021, by the CDC and was scheduled to expire on October 3, 2021. It prevented residential evictions for the non-payment of rent in counties that had substantial or high transmission levels. After applying the formula provided by the CDC in determining whether a county was experiencing substantial or high transmission levels, it was determined that the moratorium applied to over 90% of the United States.
Now, based on this ruling from the Supreme Court, unless a state has its own eviction moratorium, residential evictions for the non-payment of rent can resume. Currently, Florida and Georgia do not have state-wide moratoriums on residential or commercial tenant evictions.
If you have any questions or concerns about this ruling, its application to mortgage foreclosures, or any other matters related to creditor’s rights, please do not hesitate to reach out to one of the attorneys at Sorenson Van Leuven, PLLC.
