Third Strike Against CDC Eviction Moratorium

A Third Federal Court Rules Against the CDC Eviction Moratorium.

In my 4/8/2021 post CDC Eviction Moratorium has two Strikes Against It, I wrote that two Federal District (i.e., trial) Courts had ruled against the moratorium.

Now, a third Federal Court has ruled in Alabama Assoc. of Realtors v. U.S. Dept. of Health & Human Services that the CDC lacks authority to issue such an order.  This time, there are two additional factors.

1. The court is the 11th Circuit Court of Appeals, whose reach is broader than a lower Federal District Court.

2. The Court issued a nationwide injunction against enforcing the moratorium.

The U.S. Justice Department is appealing the ruling.

There are Programs Designed to Help Landlords Keep Their Tenants.

I belong to the Idaho State Bar’s Real Property Section. I find the section’s list server to be a great source of information.  Zoe Ann Olson of the Intermountain Fair Housing Council posted the following on 5/05/2021:

“Luckily, housing providers can get paid and avoid costly litigation and expenses, and tenants can avoid homelessness and COVID 19 by accessing emergency rental assistance.  Idaho has a lot of Emergency Rental Assistance via the Boise City Ada County Housing Authority (Ada County) and IHFA (serving the whole State) as well as the Nez Perce and Fort Hall Tribal Housing Authorities.  Tenants or landlords with their tenant’s permission can apply for up to 12 months of rent going back to March of 2020.  See resources below:

Boise/Ada County Housing Authority – has $24 million fund to help people stay housed during pandemic.
Jesse Tree offers a housing crisis line, rental assistance(only Ada county), and case management. Their Housing Crisis Line is (208) 383 9486 or website: .

If you live outside Ada County…

Idaho Housing and Finance Association is working to stabilize Idaho households affected by COVID-19 and the related economic crisis. If you or your renter has lost income because of the pandemic and cannot pay rent or utilities, short-term assistance may be available to prevent eviction. Click the link below and then click “Housing Preservation Program for Renters and Landlords.”

CATCH – offers rapid re-housing assistance to homeless families statewide. (208) 246-8830 or


If you want to help landlords and tenants stay together, look around for programs such as these in your state.

Thank you!

Michael Oswald

Please note: the above post contains educational information. It is not intended as legal advice. Engage an attorney who is licensed in your state to get advice on dealing with any specific legal issue.

© 2021 Michael S. Oswald

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