Eviction Moratoriums: History, Scope, and Tenant Impact

Eviction moratoriums are legally authorized suspensions or limitations on a landlord's ability to remove tenants from residential housing, typically enacted in response to economic crises, public health emergencies, or natural disasters. Their scope, duration, and enforcement mechanisms vary significantly across federal, state, and local jurisdictions. This page maps the structural landscape of eviction moratoriums in the United States — how they are classified, how they operate, where they apply, and where their protections end. Professionals and researchers navigating tenant services can cross-reference provider categories in the Tenant Services Providers.

Definition and scope

An eviction moratorium is a government-issued directive that temporarily prohibits or delays eviction proceedings, typically for nonpayment of rent. The legal basis for such directives derives from emergency powers legislation at the federal, state, and municipal levels — not from standard landlord-tenant statutory frameworks.

Federal scope: The most expansive eviction moratorium in U.S. history was issued by the Centers for Disease Control and Prevention (CDC) under Section 361 of the Public Health Service Act (42 U.S.C. § 264). Originally ordered in September 2020, the CDC moratorium extended through August 26, 2021, when the U.S. Supreme Court struck it down in Alabama Association of Realtors v. Department of Health and Human Services, 594 U.S. ___ (2021), holding that the CDC had exceeded its statutory authority.

State and local scope: Independent of federal action, state legislatures and city councils retain broad authority to enact eviction protections under police power doctrines. California, New York, and New Jersey each enacted independent statewide moratoriums with distinct eligibility criteria, expiration timelines, and enforcement structures. As of 2021, at least 43 states had enacted some form of eviction restriction at the statewide level during the COVID-19 pandemic, according to the National Conference of State Legislatures (NCSL).

Moratoriums are distinct from rent control and rent stabilization ordinances. Rent control caps the amount rent can increase; a moratorium suspends the eviction process itself. The two mechanisms can operate simultaneously but address separate legal questions.

How it works

Eviction moratoriums do not cancel rent obligations. They suspend the legal mechanism by which a landlord can remove a non-paying or otherwise non-compliant tenant. The debt accrues and remains collectible after the moratorium expires unless a separate debt forgiveness statute is enacted.

The operational sequence of a moratorium proceeds through identifiable phases:

1. Declaration: A government authority — executive, legislative, or administrative — issues a formal order defining covered categories of tenants and landlords, the covered period, and any documentation requirements.
2. Tenant attestation or application: Under the CDC framework, covered tenants were required to submit a signed declaration to their landlord attesting to income thresholds (annual income below $99,000 for individuals, or $198,000 for joint filers) and inability to pay rent without becoming homeless. No federal agency processed applications — the declaration was submitted directly to the landlord (CDC Declaration Form, 2020).
3. Landlord prohibition: Upon receiving a valid declaration, landlords were prohibited from filing eviction notices, initiating court proceedings, or executing lockouts for covered nonpayment situations.
4. Enforcement: Violations carried federal criminal penalties under the CDC order, including fines up to $100,000 and up to one year in prison per violation for individuals (85 Fed. Reg. 55292).
5. Expiration and wind-down: Upon expiration, standard eviction procedures resume under state law. Tenants who accumulated arrears during the moratorium period became subject to eviction proceedings once local courts reopened their dockets.

Common scenarios

Moratoriums operate differently depending on the triggering event and jurisdiction. Three structurally distinct scenarios define most real-world applications.

Pandemic-related economic hardship: The COVID-19 context produced the broadest application of moratorium law in U.S. history. Both federal and state-level protections ran concurrently in jurisdictions such as New York, where the COVID-19 Emergency Eviction and Foreclosure Prevention Act (S.9114-A/A.11181-A) extended protections into 2022 for tenants who submitted hardship declarations.

Natural disaster declarations: FEMA-designated disaster areas frequently trigger automatic eviction moratoriums under provisions tied to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5121 et seq.). These are typically shorter in duration — 30 to 90 days — and narrower in geographic scope than pandemic-era orders.

Locally enacted tenant protection ordinances: Cities including Los Angeles, San Francisco, and Chicago enacted moratoriums independent of state action, sometimes extending protections beyond state expiration dates. Los Angeles maintained local eviction protections into 2023, with specific provisions addressing rent arrears repayment timelines under the Los Angeles Municipal Code (LAMC § 49.99).

For an overview of how tenant service professionals navigate these legal landscapes, see the Tenant Services Provider Network Purpose and Scope.

Decision boundaries

Moratoriums carry defined eligibility ceilings, exclusions, and expiration triggers that determine whether a given tenant or tenancy is covered.

Income thresholds: The CDC framework excluded households earning above $99,000 annually ($198,000 for joint filers). State programs used varying thresholds — California's COVID-19 Tenant Relief Act (AB 3088) tied protections to demonstrated financial hardship rather than strict income caps.

Covered tenancy types: Moratoriums typically apply to residential tenants under written or oral lease agreements. Excluded categories commonly include:
- Hotel and motel guests (non-tenancy occupancy)
- Tenants in properties with fewer than a specified unit threshold in certain local ordinances
- Occupants of federally subsidized housing where separate HUD regulations govern eviction procedures (24 C.F.R. Part 247)
- Tenants found to have committed documented criminal activity or lease violations unrelated to nonpayment

Cause of eviction: Most moratoriums applied exclusively to nonpayment evictions. Evictions for lease violations, property damage, owner move-in, or unlawful occupancy often remained permissible throughout the moratorium period, depending on jurisdiction.

Federal vs. state hierarchy: Where state protections were broader than federal, state law governed. Where the federal moratorium was broader, it provided a floor beneath which states could not dip. This dual-layer structure meant that landlords in some jurisdictions faced overlapping compliance obligations from two distinct legal frameworks simultaneously.

Researchers and professionals assessing specific moratorium coverage should consult the How to Use This Tenant Services Resource page for guidance on navigating jurisdiction-specific distinctions within this network's scope.