Topline
Federal eviction moratorium extended by the Biden administration through Oct. 3 can be maintained, a federal appeals court ruled Friday. It was rejected by realtors who requested to lift it. However, they are likely to appeal the decision to the Supreme Court.
On August 11, 2021, activists protested against the evictions of City Hall in New York City. Getty Images
The Key Facts
The U.S. Court of Appeals for Washington declined to grant an emergency request by two chapters of National Association of Realtors for the removal of the ban imposed by the Centers for Disease Control and Prevention. The Georgia-based and Alabama-based realtors asked the court for an exemption from the ban on evictions. They cited the May ruling by Dabney Friedrich, D.C. federal judge, who declared the broad pause illegal. The federal government was accused of succumbing to political pressure from Democrats by extending the moratorium beyond its scheduled expiration date of July 31. The D.C. court rejected the appeal and cited the earlier decision by a lower court that also refused to overturn the moratorium.
Important Quote
The judges also wrote that, in light of this decision and the record, we deny the emergency motion to this court.
What to Watch
The Supreme Court will likely take the legal challenge to court. In June, 5-4 ruled in favor of the continuation of the moratorium. Supreme Court Justice Brett Kavanaugh argued that the CDC exceeded its authority, and any extension would need to be made through an act by Congress.
Important Background
In spite of the Supreme Court ruling, President Biden initially refused to extend the ban on evictions, arguing that the federal government did not have the legal authority. The CDC extended its eviction ban until Oct. 3 after Democrats exerted heavy pressure. They pointed out the fact that millions of Americans are still owing rent and the slow rollout federal aid to help the delta variant, which caused havoc in the U.S.
