CDC Eviction Moratorium Expires
Updated: Aug 6, 2021
The CDC allowed its eviction moratorium to expire on July 31. The moratorium has been in place since September 4, 2020, and was extended numerous times previously. The CDC order (detailed here) prevented residential evictions for non-payment of rent provided tenants signed and presented to their landlords a sworn declaration establishing certain criteria (for instance, a substantial loss of household income).
But the CDC's authority to issue the moratorium faced increasing legal challenges. In particular, the U.S. Supreme Court recently signaled further extensions required Congressional approval. President Biden has encouraged Congress to intervene but there is presently no clear plan for action.
In response, DeKalb County Superior Court Chief Judge, Asha Jackson, signed an emergency order keeping the CDC moratorium in place for an additional 60 days. Judge Jackson's Order applies only to DeKalb County residents. The Order notes there are 145 writs currently scheduled for processing with an additional 1,651 writs pending. The Order also notes that DeKalb County has been able to distribute only about 10% of the federal monies received for landlord/tenant assistance - this is in keeping with national trends where only $1.5 billion of $47 billion was distributed as of May 31.
Downs Law will keep you updated as things develop further. Please don't hesitate to reach out if you have any questions in the meantime.