What Is 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.
Key Facts
- The federal CDC eviction moratorium ran from September 2020 to August 2021, when the Supreme Court struck it down in Alabama Association of Realtors v. HHS, ruling the CDC exceeded its statutory authority
- At the state level, moratoriums varied widely: New York maintained protections through January 2022, while Texas and Florida ended theirs in mid-2020
- The Treasury Department's Emergency Rental Assistance Program distributed over $46 billion to help tenants pay back rent accumulated during moratoriums
- Research from the Eviction Lab at Princeton University found that moratoriums prevented an estimated 1.55 million eviction filings during 2020-2021
- After moratoriums expired, eviction filings surged above pre-pandemic levels in many jurisdictions as landlords filed on accumulated arrears
How Did the Federal Eviction Moratorium Work?
The CDC order (effective September 4, 2020) required tenants to submit a declaration stating they met specific criteria: expected to earn less than $99,000 annually, unable to pay full rent due to income loss, making best efforts to pay partial rent, and likely to become homeless 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.
Frequently Asked Questions
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 filed a declaration stating they expected to earn less than $99,000 a year, could not pay full rent because of lost income, were making best efforts to pay what they could, and would likely become homeless 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.