Eviction Moratoriums: History and Impact on US Renters

Eviction moratoriums are government-issued orders that temporarily suspend a landlord's legal ability to remove tenants from rental housing. This page covers the federal and state-level history of these measures, the legal mechanisms through which they operate, the circumstances that commonly trigger them, and the thresholds that define their boundaries. Understanding this landscape matters for renters, housing professionals, and researchers navigating rental providers and tenant protections across US jurisdictions.

Definition and scope

An eviction moratorium is a legally binding temporary prohibition on the initiation or execution of eviction proceedings, issued by a legislative body, executive authority, or public health agency. Moratoriums do not cancel rent obligations — they suspend the enforcement mechanism that allows landlords to remove tenants for nonpayment or lease violations during a defined period.

The scope of any moratorium is defined along four axes:

1. Geographic coverage — federal (nationwide), state, county, or municipal
2. Covered tenancies — all rental housing, federally assisted housing only, or specific property types
3. Qualifying conditions — financial hardship thresholds, documentation requirements, or blanket applicability
4. Duration — fixed calendar period, tied to a declared emergency, or subject to administrative extension

The most expansive example in US history was the federal moratorium issued under the Centers for Disease Control and Prevention (CDC) in September 2020, citing authority under 42 U.S.C. § 264 of the Public Health Service Act. That order covered residential tenants nationwide who met specific income and hardship criteria. The US Supreme Court in Alabama Association of Realtors v. Department of Health and Human Services (2021) ultimately struck down the CDC's extended order, ruling the agency had exceeded its statutory authority.

How it works

The operational structure of an eviction moratorium follows a sequence that differs from ordinary landlord-tenant law by inserting a legal barrier at multiple points in the eviction process.

Phase 1 — Issuance. A moratorium is enacted through executive order, legislation, or emergency regulatory action. The issuing authority — a governor's office, city council, or federal agency — specifies the scope, eligible tenants, and effective dates.

Phase 2 — Tenant declaration or automatic coverage. Depending on the jurisdiction, tenants either file a self-certification form with their landlord (as required under the CDC order) or receive automatic protection without action. The CDC's 2020 order required tenants to submit a signed declaration attesting to income limits (annual income below $99,000 for individuals or $198,000 for joint filers, per the CDC order text) and inability to pay full rent.

Phase 3 — Court stay. Even where a landlord files eviction proceedings, courts in covered jurisdictions are directed to stay (pause) hearings and writ execution for covered tenants. State court administrative orders during 2020–2021 implemented this at the local docket level.

Phase 4 — Expiration or extension. Moratoriums expire on a set date or are extended through additional orders. Rent arrears accumulated during a moratorium remain legally owed unless separately forgiven through a rental assistance program such as the federal Emergency Rental Assistance Program (ERAP), administered by the US Department of the Treasury (Treasury ERAP).

Common scenarios

Eviction moratoriums have been deployed in three primary contexts in the United States:

Public health emergencies. The COVID-19 pandemic produced the broadest moratorium landscape in US history. At peak coverage in 2020, the Eviction Lab at Princeton University tracked moratoriums active in more than 40 states simultaneously. These ranged from blanket statewide halts (California, New York, Texas) to narrow orders covering only subsidized housing units.

Natural disasters. Following major federally declared disasters, the Federal Emergency Management Agency (FEMA) and HUD have coordinated with state authorities to pause evictions in affected areas. HUD's disaster relief protocols under 24 CFR Part 5 provide a regulatory framework for federally assisted housing in disaster zones.

Economic crises. Some municipalities have enacted moratoriums in response to economic downturns independent of declared emergencies. These local measures, more limited in scope, typically require tenants to demonstrate financial hardship and are often paired with mediation requirements before eviction proceedings can resume.

The contrast between federal and local moratoriums is significant. Federal orders set a national floor but apply only to the extent statutory authority permits. State and city orders may be broader in coverage, longer in duration, and may impose additional landlord obligations such as notice requirements or repayment plan mandates. California's COVID-19 Tenant Relief Act (AB 3088) is an example of a state measure that extended protections beyond the federal framework and established a phased repayment structure.

Decision boundaries

The legal and operational boundaries of moratoriums determine who qualifies, what is protected, and when protections end. Key thresholds include:

• Income ceiling: The CDC order set qualification at household income below $99,000 (single) or $198,000 (joint), or receipt of a stimulus check, or no income reporting requirement in 2019.
• Cause of eviction: Most moratoriums cover nonpayment evictions only. Evictions for criminal activity, health and safety violations, or owner move-in are commonly excluded even during active orders.
• Property type: HUD-assisted and Section 8 housing is governed separately under 24 CFR Part 247, which has its own notice and cause requirements independent of emergency orders.
• Retroactivity: Moratoriums do not typically vacate evictions already completed before the order's effective date.

Professionals and researchers working with tenant populations can review the renters provider network purpose and scope for a structured overview of how tenant service categories are organized nationally, or consult the how to use this renters resource page for navigating available service providers.