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- Biden is poised to announce a new, limited eviction moratorium after coming under intense pressure from progressives.
- It will stretch for 60 days and expire on Oct. 3.
- It could protect 90% of all renters across the country.
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The Biden administration is poised to announce a limited eviction ban after facing immense pressure from progressives to act unilaterally in recent days.
A person familiar with the new policy said it would be a 60-day federal eviction freeze targeted at areas with surging infections from the Delta variant. They said it would cover 80% of all counties and 90% of the renter population.
The exact details of the initiative still aren't fully clear. But President Joe Biden indicated the Center for Disease Control and Prevention would release additional details on Tuesday evening. The public health agency initially imposed the eviction moratorium under President Donald Trump last year.
Biden suggested at a Tuesday news conference that it may not pass legal muster because of a Supreme Court ruling last month. An opinion from Justice Brett Kavanaugh – who joined the majority in a 5-4 decision – warned any new extension needed to come from Congress.
"Any call for a moratorium based on the Supreme Court's recent decision is likely to face obstacles," he said at a news conference. He added any legal battle would buy time for renters to tap into an emergency relief program from recent stimulus laws aimed at extinguishing rental debt.
"By the time it gets litigated, it will probably give additional time while we're getting that $45 billion out to people behind on rent," he said.
The administration abruptly changed course after several days of stating it couldn't take legal steps to renew the moratorium. White House adviser Gene Sperling said on Monday the "president has not only kicked the tires; he has double, triple, quadruple checked," adding the CDC had been "unable to find the legal authority" for even a targeted ban concentrated on areas with high infection rates.
A federal eviction ban expired on Saturday, threatening over six million renters with the loss of their homes. That sparked an outcry from liberal Democrats who demanded an immediate extension.
Rep. Cori Bush of Missouri waged a five-day sit in at the steps of Capitol since Friday, and she was joined by other Democrats like Rep. Alexandria Ocasio-Cortez.