Supreme Court Strikes Downs Biden’s Coronavirus Eviction Moratorium

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Aug 27, 2021

The Supreme Court struck down the eviction moratorium imposed by the Biden administration’s Center for Disease Control on Thursday night, ruling that the Biden administration no longer had a legal basis to keep the moratorium in place after nearly two years of the state-of-emergency order was issued.

SCOTUS’ ruling, decided with a 6-3 majority in which liberals dissented, pointed to Congress as the proper authority for legislating a eviction moratorium, rather than the CDC.

The ruling allows landlords-many of whom have been driven to bankruptcy through being forced to house tenants unable or unwilling to pay rent- to rent their private property to those willing to pay rent. Real estate flippers have enriched themselves through the rising cost of housing during the coronavirus pandemic, creating a de facto transfer of wealth in which both landlords of affordable housing and renters pay the price.

While some assume the eviction moratorium was favorable to renters, it generally sunk the housing rental market and drove up housing prices for renters who pay their rent, with the former forced to raise prices to pay for mortgages funded by revenue they lost. Large corporations in the rental business often found ways around the eviction moratorium, leaving landlords who rent out properties left with the bill of the entire experiment.

The ruling represents the Biden administration’s second defeat at the Supreme Court this week, with the body ordering Biden to restore the Trump administration’s Remain in Mexico anti-illegal immigration measure earlier this week.

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