During the peak of the COVID crisis last year, the CDC issued a nationwide moratorium on residential evictions if the tenant was negatively impacted by COVID. It was extended several times and is set to expire on June 30, 2021.
While tenant groups cheered this move, many groups who represented landlords and some legal scholars questioned the legality of this moratorium. Their objection is that the CDC has over-stepped their legal authority. Several lawsuits were filed but for the most part the CDC’s ruling was upheld, until recently.
On May 5, 2021, a federal judge ruled that the residential eviction moratorium was unlawful, meaning they agreed that it was beyond the CDC’s authority. This new decision was immediately appealed by the Department of Justice, and is therefore on hold pending the results of the appeal.
For now, it appears that the federal eviction moratorium is still in effect. The general consensus among experts is that the federal moratorium will expire on June 30, 2021 and not be extended again. Even if the federal moratorium is repealed before then, there could still be state, county and/or city moratoriums that would prevent evictions.
Currently, both the State of California and Contra Costa County each have their own eviction moratoria which are also set to expire on June 30, 2021. Each have their own requirements, caveats and etc. None of the eviction moratoria are 100% blanket prohibitions against evictions of any kind. They are targeted towards renters who have been negatively impacted by COVID, but still allow evictions for other reasons. If the federal moratorium is rescinded or it expires, it’s possible that the state and/or county moratorium could be extended.
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