Supreme Court Overrules Biden Administration Rent Moratorium, Evictions Allowed to Resume

Eviction Final Notice to Vacate Immediately on House Door.
Cindy Shebley / Getty Images/iStockphoto

The Supreme Court rejected the Biden administration’s moratorium on evictions on Thursday afternoon, issuing an eight-page majority opinion stating the CDC did not have the authority to extend the moratorium on rental evictions.

See: New Treasury Policies Make It Easier To Get Rental Assistance For Tenants and Landlords
Find: More Than $40 Billion in Federal Rental Assistance Remains Unclaimed

HUD Secretary, Marcia L. Fudge, issued a statement, noting the move puts millions of tenants at risk of losing shelter.

“I am deeply disappointed by the Supreme Court’s ruling on the CDC’s eviction moratorium. With this decision, the Court has put millions of Americans at risk of losing their homes–even as the Delta variant heightens their risk of exposure to COVID-19. Many of these Americans are among our most vulnerable–including senior citizens, people with chronic illnesses, young children, and families with the lowest incomes.”

She continued, “I pledge that the Department of Housing and Urban Development will continue to use every tool at our disposal to protect those people whose health and well-being are now in jeopardy.”

Meanwhile, the Biden administration struggles to speed up the usage of billions of dollars in federal funding to states dragging their feet to utilize the money.  Only $5.1 billion of the $46.5 billion in federal aid has been disbursed by states, reports the New York Times. They cite bureaucratic delays at the state and local level delaying payouts to those in need.

Some states have been taking matters into their own hands. New York and California have extended their own moratoriums on rental evictions, buying renters in those states a little more time. In addition, the Treasury recently announced states can rely solely on applicants’ self-attestations without further documentation.

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Despite the red tape, if your state has not extended the moratorium, you can still get help.

Over $40 billion was allocated as part of the American Rescue Plan stimulus relief bill — and billions of dollars of it has yet to be claimed. You can find out if you are eligible and what your state’s requirements are here.

State and local programs are taking applications from renters and landlords for this aid. The Consumer Finance Protection Bureau claims that right now, most federal emergency rental assistance programs accept applications from landlords. This has caused delays, as many landlords are unwilling to accept the aid or are having administrative difficulties getting the application done. Where renters can apply, they often still need the help of their landlord to complete the process and make payments to you.

See: The September Child Tax Credit Payment Opt-Out Deadline is Approaching – Here’s Why You May Need To Unenroll
Find: Rents Are Rising in the US – What You Can Do to Soften the Blow

In summary, there is money available if you need it. Familiarizing yourself with your state’s application process is the first step. Finding yourself a nonprofit legal center that can assist in administrative overlaps and landlord difficulties might provide the edge needed to resist any barrier to entry.

Rental assistance is available, but with the expiration of the moratoriums, it is now up to you to make sure you receive it.

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