Federal Eviction Moratorium Extended Through June 30

The Centers for Disease Control and Prevention has issued an extension of its public health driven moratorium on residential evictions, through June 30, 2021. The order, issued March 29, extends these temporary provisions as a response to the ongoing pandemic.

The CDC has extended its moratorium on residential evictions through June 30 of this year, through action taken today. The full order details the background and underpinnings of the decision, and offers insight into the federal authority, the ability of states and localities to extend further protections, and the limitations on property owner actions.

Stakeholders note that the federal order does not serve as a true, pure, “moratorium” and instead creates an affirmative defense for tenants facing eviction. Some jurisdictions, including Maryland, have extended further protections beyond those enshrined in the federal order.

From the order:

Subject to the limitations under “Applicability,” a landlord, owner of a residential property, or other person1 with a legal right to pursue eviction or possessory action, shall not evict any covered person from any residential property in any jurisdiction to which this Order applies during the effective period of the Order.

The Order is extended through June 30, 2021, based on the current and projected epidemiological context of SARS-CoV-2 transmission throughout the United States. Although daily incidence of COVID-19 decreased and plateaued between January and March 25, 2021, widespread transmission continues at high levels, making the Order still necessary, especially given that previous plateaus have led to secondary and tertiary phases of acceleration. Furthermore, the number of deaths per day continues at levels comparable to or higher than when this Order was established in September 2020.34 This 90-day extension will allow the assessment of natural changes to COVID-19 incidence, the influences of new variants, and the expansion of COVID-19 vaccine coverage to determine if there is a continued need for a national eviction moratorium.

The Maryland General Assembly is still considering HB 1312 and SB 910, legislation to codify Statewide limitations on evictions, and improve date gathering on the matter. The bill passed by the House of Delegates has not yet received a vote in the Senate committee.

 

 

Michael Sanderson

Executive Director Maryland Association of Counties
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