Eviction Moratoriums: History and Impact on US Renters
Eviction moratoriums are government-issued orders that temporarily suspend or limit a landlord's legal ability to remove tenants from rental housing. This page covers the history of such orders at the federal and state levels, the legal mechanisms behind them, the scenarios in which they apply, and the boundaries that define their scope. Understanding moratorium frameworks is foundational for renters navigating the eviction process explained and for assessing protections under state renter protection laws.
Definition and scope
An eviction moratorium is a legally binding directive — issued by a legislature, executive branch, or administrative agency — that halts eviction proceedings for a defined category of tenants during a specified period. The order typically prohibits landlords from filing eviction petitions, enforcing existing court orders, or executing writs of possession against covered tenants.
Moratoriums are distinct from permanent tenant protections. They are time-bounded emergency instruments, not permanent housing policy. Their scope is defined by four parameters:
- Triggering authority — the level of government (federal, state, county, or municipality) issuing the order
- Covered tenants — often limited to renters who meet income thresholds or who demonstrate pandemic- or disaster-related financial hardship
- Covered eviction types — most orders covered non-payment evictions; fewer restricted no-fault or lease-violation evictions
- Duration — a fixed expiration date, sometimes extended by subsequent executive action
The broadest moratorium in US history was the federal order issued by the Centers for Disease Control and Prevention (CDC) in September 2020 under 42 U.S.C. § 264, which claimed public health authority to halt residential evictions nationwide. The order required individual tenants to submit signed declarations of hardship to their landlords (CDC Eviction Moratorium Order, 85 Fed. Reg. 55292).
How it works
The operational mechanics of an eviction moratorium function through a layered set of requirements, enforcement points, and remedies.
Phase 1 — Issuance and legal authority
The moratorium is issued by executive order, emergency regulation, or legislation. Authority may derive from public health statutes (as with the CDC order), disaster emergency laws, or state housing codes. Courts interpret the issuing authority's statutory basis, which was ultimately the subject of litigation: the Supreme Court struck down the CDC's August 2021 extension in Alabama Association of Realtors v. Department of Health and Human Services, 594 U.S. ___ (2021), ruling the CDC lacked the statutory authority for that extension (Supreme Court, 2021).
Phase 2 — Tenant declaration or application
Under most moratoriums, protection is not automatic. Tenants must actively assert coverage by filing a declaration of hardship — either with their landlord, the court, or a local housing agency. The CDC's order required tenants to self-certify that they had sought government rental assistance, earned below $99,000 annually (or $198,000 for joint filers), and would likely become homeless if evicted.
Phase 3 — Landlord obligations and restrictions
Once a valid declaration is on file, landlords are generally barred from:
- Initiating new eviction filings for covered reasons
- Proceeding with scheduled hearings on covered cases
- Enforcing existing court judgments during the moratorium period
Rent obligations are not cancelled. Arrears continue to accumulate, making emergency rental assistance programs a parallel critical mechanism.
Phase 4 — Enforcement and penalties
Violation of federal moratoriums carried penalties up to $100,000 per violation and up to $250,000 if a tenant's death resulted, under the original CDC order language (85 Fed. Reg. 55292). State moratoriums set their own penalty structures through housing codes and court rules.
Phase 5 — Expiration and transition
At expiration, courts typically resume processing backlogged eviction cases. Post-moratorium "eviction tsunami" concerns prompted states including California, New York, and Minnesota to create transition programs.
Common scenarios
Eviction moratoriums have applied across three principal contexts, each with distinct triggering conditions and coverage logic.
Pandemic-related moratoriums (2020–2021)
The CDC order, effective September 4, 2020, was the most expansive federal instrument. It covered renters in all 50 states whose income fell below the threshold and who demonstrated pandemic-related income loss. At the state level, California's COVID-19 Tenant Relief Act (AB 3088, 2020) and New York's COVID-19 Emergency Eviction and Foreclosure Prevention Act (L. 2020, ch. 381) layered additional protections on top of the federal framework, including broader coverage for lease-violation evictions.
Renters affected by pandemic-era protections may still carry forward questions addressed under covid-era renter relief legacy.
Natural disaster moratoriums
Federal Emergency Management Agency (FEMA) disaster declarations can trigger temporary eviction protections through the Stafford Act (42 U.S.C. § 5121 et seq.), typically covering renters in declared disaster zones for periods of 30 to 90 days. These are narrower in scope than pandemic orders and are geographically bounded.
Local emergency moratoriums
Cities and counties — particularly Los Angeles, San Francisco, and Seattle — maintained their own moratoriums independent of state and federal orders, sometimes extending protections longer and covering a broader range of eviction types including no-fault evictions. Los Angeles County's moratorium, for example, extended certain no-fault eviction restrictions into 2023 (LA County Consumer & Business Affairs).
Decision boundaries
Understanding what a moratorium does and does not cover determines whether a specific eviction action falls within its scope.
Covered vs. not covered — eviction types
| Eviction Type | Typical Moratorium Coverage |
|---|---|
| Non-payment of rent (hardship-based) | Covered under most federal and state orders |
| Non-payment of rent (no hardship claim) | Not covered if tenant fails to file declaration |
| Lease violation (e.g., unauthorized occupant) | Covered under some state orders; excluded from CDC order |
| No-fault eviction (e.g., owner move-in) | Excluded from federal order; covered under select local orders |
| Illegal activity / safety violations | Generally excluded from all moratorium frameworks |
| Foreclosure-driven displacement | Addressed separately — see foreclosure renter protections |
Federal vs. state moratoriums
Where a state moratorium offered broader protections than the federal order, the state protections applied within that state. Where a state offered no independent moratorium, the federal floor governed. This layered federalism mirrors the structure described in renter rights overview.
Rent accumulation
No major US moratorium cancelled rent debt. Tenants remained legally obligated for all accrued arrears. The failure to pair moratoriums with robust rental assistance programs left 15 million renter households behind on rent at the peak of the pandemic (Consumer Financial Protection Bureau, January 2021 report).
Judicial interpretation
Courts vary in how they handle moratorium claims raised as affirmative defenses during eviction hearings. In states with strong tenant protection statutes, tenants who raise a valid moratorium declaration mid-proceeding may win dismissal without prejudice. In others, the moratorium may only pause — not terminate — the proceeding.
The interplay between moratoriums and just-cause eviction laws is significant: jurisdictions with standing just-cause requirements offered compounding protection for tenants during emergency periods.
References
- CDC Temporary Halt in Residential Evictions — 85 Fed. Reg. 55292 (2020)
- Supreme Court — Alabama Association of Realtors v. HHS, 594 U.S. ___ (2021)
- Consumer Financial Protection Bureau — Renter Housing Insecurity Report (January 2021)
- Los Angeles County Department of Consumer & Business Affairs — No Evictions
- HUD — Emergency Rental Assistance Resources
- FEMA — Stafford Act, 42 U.S.C. § 5121
- California Legislative Information — AB 3088 (COVID-19 Tenant Relief Act, 2020)