New Hampshire Legal Assistance

Helping to balance the scales of justice for everyone since 1971.

US Supreme Court Ends CDC Eviction Moratorium

Posted Aug 27, 2021

A new United States Supreme Court ruling Thursday night has ended the Center of Disease Control’s moratorium on evictions in areas experiencing high or substantial spread of the coronavirus.

“The Supreme Court’s action is extremely regrettable and will cause hundreds of evictions, if not more, as well as a significant increase in homelessness and a spike in Covid -19 infections,” said Elliott Berry, co-director of New Hampshire Legal Assistance’s Housing Justice Project. “All of this could have been readily avoided had the moratorium been left in place until October as planned.”

New Hampshire tenants can apply for rental assistance by going to www.capnh.org/covid19. If you are facing an eviction, you may reach out to 603 Legal Aid at www.nhlegalaid.org or call 1 (800) 639-5290.

“NHLA will continue to work with administrators of the Emergency Rental Assistance Program, the courts, and other stakeholders to maximize tenants’ opportunities to get the help they need and prevent eviction,” Berry said. “We will also continue to represent as many tenants with low income as possible.”

In March 2020, the United States Congress passed the Coronavirus Aid, Relief, and Economic Security Act to alleviate burdens caused by the emerging COVID-19 pandemic. Among other relief measures, the act imposed a 120-day eviction moratorium for properties that participated in federal assistance programs or were subject to federally backed loans.

Congress did not renew the moratorium when it expired in July 2020. Instead, the CDC issued a new moratorium which covered all residential properties nationwide and imposed criminal penalties on violators. The CDC moratorium was extended multiple times and was currently slated to expire on October 3, 2021.

In the majority opinion issued Thursday night, the Court wrote that, “If a federally imposed eviction is to continue, Congress must specifically authorize it.”