Although the U.S. Supreme Court has blocked the ban on evictions issued by the Centers for Disease Control and Prevention (CDC), Gov. Kathy Hochul says that state residents who apply for the rent relief program being administered by New York state will continue to be protected from eviction.
Standing from left to right: Justices Brett M. Kavanaugh, Elena Kagan, Neil M. Gorsuch, and Amy Coney Barrett.
“I am very disappointed in the Supreme Court’s appalling and insensitive ruling that eliminates a key line of defense for tenants facing housing insecurity during the ongoing pandemic, and we are exploring all options to further protect New Yorkers from eviction, including with the legislative leaders,” Hochul said.
“It is critical that New Yorkers know that anyone who applies to the rent relief program will automatically be protected from eviction while their application is pending,” Hochul added.
“More than $800 million has already been already disbursed or is now ready for landlords to accept on behalf of their tenants,” the governor continued. “More than $1 billion remains available for relief and resources are available through community organizations to help New Yorkers apply, receive eviction protection, and pay their rent. New Yorkers should complete and submit their applications immediately. This is urgent.”
The federal ban on evictions during the Covid-19 pandemic was challenged by the Alabama Association of Realtors and the Georgia Association of Realtors. The Supreme Court reviewed lower court rulings and decided that the CDC exceeded its authority by issuing its temporary ban on evictions.
The court”™s decision was by a 6 to 3 vote, with the conservative majority voting to kill the eviction protection the CDC had ordered and the liberal minority dissenting.
The majority opinion said the CDC lacks the authority to mandate such requirements, and that if a federally-imposed eviction moratorium is to continue, it must be specifically authorized by Congress.
Justice Stephen Breyer wrote in a dissent, “The public interest strongly favors respecting the CDC”™s judgment at this moment, when over 90% of counties are experiencing high transmission rates.”
