On September 2, the CDC imposed a nationwide moratorium on evictions in the US, for everyone making $99,000 or less (twice that for dual filers). All you have to do to qualify is fill out a form from the CDC, and give it to your landlord.
This is notable for a number of reasons. To start, it's completely unprecedented. Before COVID-19, federal government had never suspended rent. Not during the Great Recession, or the Great Depression. Not during past epidemics, like the 1918 flu or the tuberulous outbreaks in the 19th century. Not during any war, including WW2. This is a momentous change and expansion of the fundamental limits of government, yet there was no public debate. A note just appeared in the Federal Register.
It's also the CDC acting under their own authority. There was an earlier halt on evictions, but it was part of the CARES Act. So while it was legally dubious, at least it was passed by Congress, and politicians can theoretically be held responsible. The scope is also remarkable: Unlike the moratorium in the CARES Act, which was limited to federally-backed rentals and mortgages, this new order applies to all rentals, nationwide.
The statute the CDC cites as their authority says:
Whenever the Director of the Centers for Disease Control and Prevention determines that the measures taken by health authorities of any State or possession (including political subdivisions thereof) are insufficient to prevent the spread of any of the communicable diseases from such State or possession to any other State or possession, he/she may take such measures to prevent such spread of the diseases as he/she deems reasonably necessary, including inspection, fumigation, disinfection, sanitation, pest extermination, and destruction of animals or articles believed to be sources of infection.
That's broadly written, but look at the examples: They're all intended to deal with an outbreak at a specific address. There's not a single hint that it's intended to allow the CDC to preemptively impose such grand costs on individuals and businesses across the country, so the order seems far beyond any possible interpretation of the delegated authority. More than that, the authority is vested in the Director of the CDC, yet the person who signed this order is Nina B. Witkofsky, Acting Chief of Staff. It's unclear who higher in the chain of command was even aware of it.
More than that, it's a horrible idea. Setting the precedent that the federal government can wave their hand and impose huge costs on landlords adds a massive amount of risk, because there's no reason to assume the government will stay their hand next time there's a financial crisis. Landlords will flee this corner of the market, selling their properties at fire sale prices to speculators, resulting in the mostly small businesses who run the low end of the rental market consolidating into a smaller number of much larger businesses. Prices will rise for tenants, and landlords will become more distant and less responsive.
Not to mention the damage done to the economy as a whole when the government decides it can void or amend contracts, at a whim.
https://www.cdc.gov/coronavirus/2019-ncov/covid-eviction-declaration.htmlhttps://www.federalregister.gov/documents/2020/09/04/2020-19654/temporary-halt-in-residential-evictions-to-prevent-the-further-spread-of-covid-19https://www.law.cornell.edu/cfr/text/42/70.2https://reason.com/2020/09/01/the-statutory-authority-for-the-nationwide-eviction-moratorium/