Westerman Calls for End of Unconstitutional Eviction Moratorium

August 12, 2021
Press Release

WASHINGTON – Yesterday, Congressman Bruce Westerman (R-AR) joined Congressman Chris Jacobs (R-NY) and Senator Mike Lee (R-UT) in sending a bicameral letter with 27 members of Congress to President Biden calling on the Administration to change course and end its unconstitutional eviction moratorium. 

“We strongly oppose the Biden administration’s latest eviction moratorium issued by the Centers for Disease Control and Prevention (CDC). This latest action is plainly unconstitutional and will only serve to further distort the market and create a housing affordability crisis,” the lawmakers said. “Additionally, any further restrictions on evictions at this point are counterproductive. The economy is open, jobs and vaccines are abundant, and federal rental assistance is a reality.”

In a recent Supreme Court case, Alabama Association of Realtors v. Department of Health and Human Services, five members of the Supreme Court effectively acknowledged that CDC exceeded its authority in issuing the moratorium. Justice Kavanaugh stated that “clear and specific congressional authorization (via new legislation) would be necessary for the CDC to extend the moratorium past July 31.”

“Instead of pursuing an unconstitutional moratorium, the Biden administration should be focused on distributing the nearly $50 billion in rental assistance that was appropriated through three separate stimulus packages.” the lawmakers said. “As long this moratorium remains in place, property owners will continue to struggle financially. These property owners must still pay mortgages, taxes, and maintenance for the dwelling. If this continues much longer, we will see a wave of bankruptcies, foreclosures, and blighted properties.”

Most states require the tenant to take the initiative when applying for rental assistance. A recent Treasury report found very little of the federal rental assistance money has been disbursed so far, and the new moratorium will act as an additional disincentive for tenants to apply for this aid, leaving property owners on the hook.

“We demand the Biden administration end this moratorium and allow the rental assistance funds to do what they were intended to do. This government overreach must end,” the lawmakers said. 

Find the full text of the letter here.