What the Supreme Court Ruling Means

The Director of the Centers for Disease Control and Prevention (CDC) had imposed a nationwide moratorium
on evictions of any tenants who make certain declarations of financial need. The U.S. District Court for the District of Columbia has issued an Order overturning the CDC eviction order on the grounds that it is unlawful. But the District Court stayed its judgment while the Government pursued an appeal. The Supreme Court in a 6-3 ruling vacated the stay, making the District Court's judgment enforceable.

Accordingly, the Supreme Court has now held that the CDC eviction moratorium is unlawful and unenforceable. In issuing its rulings, the Supreme court stated that “the CDC has imposed a nationwide moratorium on evictions in reliance on a decades-old statute that authorizes it to implement measures like fumigation and pest extermination. It strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts.”

Because of the CDC Order, courts placed most rent cases on hold where the tenant submitted a CDC Declaration. On the local front, Governor Polis’ Executive Order 125 was extended through October 4, 2021, requiring landlords to serve 30-day rent demands in scenarios where either the tenant or the landlord has applied for rental assistance, in addition to providing DOLA FAQs to tenants.

Tschetter Sulzer recommends the following:

• If you have served a rent demand (either 10-day or 30-day) that has now expired, proceed with filing an
eviction, regardless of whether a tenant has signed a CDC declaration.

• Serve 10-day or a 30-day rent demands, depending on whether the tenant or the landlord has applied for
rental assistance.

• Serve 30-day demands if you are a CARES Act covered property and located in Denver or Weld Counties.