The U.S. Supreme Court sided with landlords Thursday, barring President Biden from extending a nationwide moratorium on evictions for two additional months.
The latest extension issued August 3 was intended to last until October 3,
The high court concurred with a lower federal judge in a 6-to-3 vote that the government lacks the authority to extend the adopted Congressional order included in the COVID-19 relief bill.
“If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it,” the court said in an unsigned order. “Our system does not permit agencies to act unlawfully even in pursuit of desirable ends. It is up to Congress, not the CDC, to decide whether the public interest merits further action here.”
Three of the court’s liberal justices disagreed and offered their dissent.
The order won’t affect Californians who have protections against evictions already codified by the legislature and different municipalities.
Justice Brett Kavanaugh agreed earlier this year the Centers for Disease Control and Prevention lacked the legal power to prevent evictions across the country, voting for allow the moratorium to continue through the end of July but indicating he would not support the ban beyond that.
“In my view, clear and specific congressional authorization (via new legislation) would be necessary for the CDC to extend the moratorium past July 31,” Kavanaugh said in his prior opinion.
The CDC defended its moratorium extension because of the rampant impacts of the Delta variant of true coronavirus. More than 90% of the country is considered to have high rates of coronavirus transmission.
The agency did not forgive tenants’ past due rent, and residents were required to prove a change in income to qualify.
The group of landlords from Alabama and Georgia who sued claimed tenants were unlawfully occupying their properties.
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