In Reversal, CDC Eviction Order Now Reinstated
Updated: Aug 10, 2021
New 60-Day Extension Through October 3
The CDC has reversed course and extended its eviction moratorium for most of the country through October 3. The CDC's latest Order limits the moratorium to U.S. counties experiencing "substantial or high rates of community transmission levels of SARS-CoV-2 as defined by the CDC." Based on the CDC's data, every Georgia county falls into this protected category. A county whose cases decline past this threshold for 14 consecutive days would no longer be subject to the Order (unless the levels rise again).
President Biden recently acknowledged that the CDC Order is "not likely to pass constitutional muster." This is due to the Supreme Court's recent ruling. Nonetheless, the White House obtained new legal opinions about the CDC's authority that reassured them about continuing the moratorium in a more limited capacity.
In addition to concerns about spreading the Delta variant, the hope is that the 60-day extension will allow state and local governments to distribute more of the landlord/tenant assistance monies (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.