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After Supreme Court ruling, what comes next for federal eviction moratorium?

August 30, 2021

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(WBNG) — Legal experts tell 12 News there are limited options remaining to extend the federal eviction moratorium.

The current federal moratorium will expire at the end of September; the CDC recently implemented an extension of that moratorium into the new year.

However, the Supreme Court of the United States struck down the CDC’S extension by a 6 to 3 vote Thursday, with the majority ruling the agency doesn’t have the authority to create its own moratorium.

Now, one lawyer 12 News spoke with said there’s only one group that has the authority to extend the federal moratorium.

“As things have gotten better, and I know some might say it’s gotten worse, I think now at this time, the Supreme Court has ruled you have to specifically have Congress enact this legislation, and an agency like the CDC can’t just issue this,” said Derrick Hogan, a partner at Tully Rinckey.

While this ruling has a significant impact on the federal level, it’s not expected to affect New York’s own moratorium, which ends Aug. 31.

New Governor Kathy Hochul (D) released a statement Friday saying she is holding talks with state legislative leaders to bring the legislature back into session to tackle the eviction issue head-on.

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