Eviction Moratoriums in the US: History and Tenant Impact
Eviction moratoriums are government-issued orders that temporarily halt or restrict the ability of landlords to remove tenants from residential properties. This page covers the legal structure of these protections, how they have been implemented at the federal, state, and local levels, and how they affect tenant rights in practice. Understanding moratorium history and mechanics is essential context for tenants navigating the eviction process or seeking to understand their standing under federal tenant protections.
Definition and scope
An eviction moratorium is a legally binding suspension of eviction proceedings — either for specified categories of tenants or across an entire housing market — enacted by an executive order, legislative body, or public health authority. Moratoriums do not cancel rent obligations; they pause the enforcement mechanism that compels tenants to vacate.
In the United States, moratoriums can originate at three distinct levels of government:
- Federal — issued by agencies such as the Centers for Disease Control and Prevention (CDC) or embedded in congressional legislation such as the CARES Act (Pub. L. 116-136)
- State — enacted by governors under emergency powers or by state legislatures
- Local — adopted by city councils or county boards, often extending beyond state-level protections
The CARES Act, signed in March 2020, established the first broad federal moratorium, covering approximately 28 million rental units in federally backed housing (Consumer Financial Protection Bureau). It prohibited eviction filings for 120 days for covered properties. The CDC subsequently issued a national moratorium in September 2020 under its authority in 42 U.S.C. § 264, which the Supreme Court struck down in Alabama Association of Realtors v. Department of Health and Human Services, 594 U.S. ___ (2021).
Moratoriums intersect directly with state tenant rights laws, which may independently establish longer or stronger protections than the federal floor.
How it works
A moratorium does not eliminate a landlord's right to pursue eviction permanently — it suspends the legal pathway during the covered period. The operational mechanics vary by jurisdiction, but share a common structural sequence:
- Triggering event — A public emergency declaration, legislative action, or executive order activates the moratorium. The triggering authority defines its scope (all tenants, income-qualified tenants, COVID-19-impacted tenants, etc.).
- Covered period — The order specifies a start and end date. Extensions are issued as separate orders and may alter eligibility criteria.
- Tenant declaration requirement — Under the CDC's 2020–2021 moratorium, tenants were required to submit a written declaration to their landlord certifying income thresholds (annual income not exceeding $99,000 for single filers) and inability to pay, per CDC guidance (CDC Eviction Moratorium Declaration).
- Filing prohibition or stay — Courts either refuse to accept new eviction filings or stay existing proceedings. Enforcement officers suspend lockout actions.
- Expiration and wind-down — When the moratorium expires, the full eviction notice and court-process framework resumes. Accumulated unpaid rent remains collectible.
The distinction between a filing moratorium (prevents landlords from initiating court proceedings) and a lockout moratorium (allows filings but blocks physical removal) is critical. Tenants subject only to a lockout moratorium may receive a court judgment against them even while remaining in the unit.
Common scenarios
Non-payment of rent during a declared emergency — The most common scenario. Tenants who lose income due to a declared disaster qualify under the moratorium's terms if they submit required documentation. This scenario was the dominant use case under both the CARES Act and CDC orders between 2020 and 2021.
No-cause evictions in localities with extended protections — Some California jurisdictions, operating under Assembly Bill 3088 (AB 3088, 2020) and successor legislation, restricted no-cause terminations separately from pandemic-era measures. Tenants facing retaliatory eviction or unlawful eviction scenarios may invoke these local codes even after federal protections lapse.
Federally assisted housing — Tenants in Section 8 or public housing retain additional protections under U.S. Department of Housing and Urban Development (HUD) regulations separate from any moratorium (HUD Tenant Resources). These statutory protections do not expire with emergency orders.
Post-moratorium arrears disputes — Once a moratorium ends, landlords may pursue eviction solely on the basis of unpaid rent that accrued during the protected period. Tenants navigating this outcome may have access to rental assistance programs funded through the Emergency Rental Assistance Program (ERAP), authorized under the Consolidated Appropriations Act of 2021 (Pub. L. 116-260).
Decision boundaries
Understanding which protections apply — and when they do not — requires mapping the tenant's situation against each tier of moratorium authority.
Federal vs. state vs. local coverage
Federal moratoriums set a floor but not a ceiling. A state moratorium may extend to properties not covered by federal programs. A local moratorium may survive after a state order expires. When protections conflict, the more tenant-protective order generally governs, subject to preemption analysis.
Income and documentation thresholds
Not all moratoriums are universal. The CDC order required tenants to meet specific income criteria and affirmatively submit a declaration. Failure to submit the declaration, even for otherwise eligible tenants, could expose them to eviction proceedings.
Covered property types
The CARES Act covered properties with federally backed mortgages or participating in federal housing assistance programs. Private market rentals with no federal nexus were excluded from that specific protection. Tenants in privately owned units without federal financing had to rely on state or local orders.
Comparison: CARES Act moratorium vs. CDC moratorium
| Feature | CARES Act | CDC Order |
|---|---|---|
| Trigger | Enacted by Congress | CDC administrative order |
| Property scope | Federally backed or assisted | All residential rental units |
| Tenant action required | No declaration needed | Written declaration to landlord required |
| Duration | 120 days (March–July 2020) | September 2020–August 2021 (extended 5 times) |
| Struck down by court | No | Yes — Supreme Court, August 2021 |
Tenants who believe a moratorium was violated — including cases where a landlord pursued a self-help eviction during a protected period — may have remedies under tenant remedies for landlord violations or through the tenant complaint process.
References
- CARES Act, Pub. L. 116-136 — U.S. Congress
- CDC Eviction Moratorium — Centers for Disease Control and Prevention
- CARES Act Eviction Moratorium Overview — Consumer Financial Protection Bureau
- 42 U.S.C. § 264 — U.S. House Office of the Law Revision Counsel
- California AB 3088 (2020) — California Legislative Information
- Consolidated Appropriations Act of 2021, Pub. L. 116-260 — U.S. Congress
- HUD Emergency Rental Assistance — U.S. Department of Housing and Urban Development
- Alabama Association of Realtors v. HHS, Supreme Court of the United States (2021)