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CDC eviction ban ended by Supreme Court: 4 questions about its impact answered by a housing law expert

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27.08.2021

The Supreme Court on Aug. 26, 2021, ended the Biden administration’s ban on evictions, putting millions at risk of losing their homes. The ruling, by a divided court, said the Centers for Disease Control and Prevention exceeded its authority in continuing a moratorium on evictions after Congress failed to pass new legislation. We asked legal scholar Katy Ramsey Mason to explain what the ruling means, who will be affected and what happens next.

In March 2020, Congress passed the Coronavirus Aid, Relief and Economic Security Act, which, among other protections and economic stimulus measures, included a moratorium on evictions and a ban on landlords filing evictions against tenants in rental properties that received federal funding or had federally backed mortgages.

Those protections expired in July 2020, and Congress didn’t extend them. Then, on Sept. 4, 2020, the Centers for Disease Control and Protection issued a more expansive order prohibiting evictions from most rental properties across the country as long as tenants submitted a declaration to their landlords stating that they qualified for the protections.

To be eligible, tenants had to earn US$99,000 or less ($198,000 for joint filers); be unable to pay full rent because of a substantial loss of........

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