SCOTUS Says Eviction Bans Intrude on a Fundamental Element of Property Ownership

Brad Kuhn and Debra Garfinkle were featured in the November 2021 newsletter The Override, published by the Los Angeles Association of Professional Landmen (LAAPL). In the article “SCOTUS Says Eviction Bans Intrude On A Fundamental Element Of Property Ownership,” Brad and Debra examine the U.S. Supreme Court’s ruling that the Centers for Disease Control and Prevention (CDC) exceeded its authority when it imposed a national eviction moratorium.

More precisely, in Alabama Association of Realtors v. Department of Health and Human Services, the Court agreed with a district court determination that the CDC acted unlawfully in banning evictions of residential tenants who declare financial need in counties with high COVID-19 rates. In its decision, the Supreme Court concluded, “If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it.” While the decision is based on the CDC’s authority, it is filled with unconstitutional takings undertones.