Eviction Moratorium
An eviction moratorium is a temporary government order that halts some or all eviction proceedings, typically enacted during emergencies such as pandemics, natural disasters, or economic crises. Moratoriums may prohibit filing new eviction cases, pause pending cases, or block physical removals. They do not eliminate the rent owed — tenants generally remain liable for unpaid rent once the moratorium lifts.
How Did the Federal Eviction Moratorium Work?
The CDC order (effective September 4, 2020) required tenants to submit a declaration saying they met four tests. First, they expected to earn no more than $99,000 individually or $198,000 if filing jointly in 2020, weren't required to report income to the IRS in 2019, or received a CARES Act stimulus payment. Second, they couldn't pay full rent due to income loss or extraordinary medical expenses. Third, they were making best efforts to obtain government assistance and pay partial rent. Fourth, they were likely to become homeless or be forced into shared housing if evicted. Landlords could not evict covered tenants for nonpayment of rent, though evictions for other lease violations (property damage, criminal activity) could proceed.
The order did not cancel rent obligations. Tenants who could not pay accumulated arrears that became due when the moratorium expired.
Why Do Eviction Moratoriums Matter for Financial Distress?
Moratoriums temporarily suppress eviction filings, creating a gap between the level of housing instability households experience and the level visible in court records. When a moratorium lifts, the backlog of filings creates a spike that can exceed pre-crisis levels even if underlying conditions have improved. This makes eviction data difficult to interpret during and immediately after moratorium periods.
For the ADI, the moratorium period (2020-2021) represents a structural break in eviction-related indicators. Filing counts during this window understate actual housing instability, and the post-moratorium surge overstates the pace of deterioration relative to pre-pandemic baselines.
Questions about eviction moratorium
Does an eviction moratorium cancel the rent I owe?
No. A moratorium pauses eviction proceedings; it does not erase the debt. Tenants generally remain liable for unpaid rent, and the accumulated arrears become due once the moratorium lifts. The federal CDC order was explicit on this point: it barred covered landlords from evicting for nonpayment, but left the rent obligation itself intact.
Why did the federal eviction moratorium end?
The Supreme Court struck it down in August 2021 in Alabama Association of Realtors v. HHS, ruling that the CDC had exceeded its statutory authority. The order had been in effect since September 2020. State moratoriums ran on separate timelines: New York held protections through January 2022, while Texas and Florida ended theirs in mid-2020.
Did the federal moratorium stop every eviction?
No. It covered nonpayment of rent, and only for tenants who signed a declaration. They had to expect to earn no more than $99,000 ($198,000 jointly) in 2020 or meet another income test. They had to say they couldn't pay full rent because of lost income or large medical bills, were trying to get aid and pay what they could, and would likely become homeless or move in with others if evicted. Evictions for other lease violations, such as property damage or criminal activity, could still proceed.
Why do eviction numbers look distorted around a moratorium?
A moratorium suppresses filings without removing the underlying housing instability, so court records understate what households are experiencing. When it lifts, landlords file on accumulated arrears and filings can rise above pre-crisis levels even where conditions have improved. The 2020-2021 moratorium period is treated as a structural break in eviction-related indicators.
Key facts
- The federal CDC eviction moratorium began in September 2020. The Supreme Court ended it in Alabama Association of Realtors v. HHS (2021), finding the CDC had likely exceeded its authority.
- Treasury’s Emergency Rental Assistance programs provided communities over $46 billion to support housing stability for eligible renters during the COVID-19 pandemic.
- After moratoriums expired, eviction filings surged above pre-pandemic levels in many jurisdictions as landlords filed on accumulated arrears.
Sources and method
- CDC Eviction Moratorium Order, at cdc.gov
- Eviction Lab at Princeton University, at evictionlab.org
- U.S. Treasury Emergency Rental Assistance, at home.treasury.gov
- GovInfo, at govinfo.gov
- Supreme Court, Alabama Association of Realtors v. HHS (2021), at supremecourt.gov
We write with assistance from AI tools. Figures come from the data and sources named on this page.