CDC’s Eviction Moratorium Struck Down by Supreme Court

Yesterday (August 26, 2021), the United States Supreme Court lifted the Biden administration’s August 3, 2021 moratorium on evictions. The Court found the moratorium exceeded the authority of the CDC and imposed undue burdens on landlords. The opinion stated, “It is indisputable that the public has a strong interest in combating the spread of the COVID-19 Delta variant. But our system does not permit agencies to act unlawfully even in pursuit of desirable ends.” If a national eviction moratorium is to be established in the future, Congress will have to specifically authorize it. In the meantime, landlords are afforded the right to pursue eviction remedies (which have been prohibited for months) for the nonpayment of rent.

Colorado’s Executive Order D 2021 124 and D 2021 122 remain in effect.

If you would like to speak with Annie Murphy or another attorney about initiating an eviction action, please give our office a call at 970-241-5500.