Sen. Marshall Introduces Resolution to End CDC’s Unconstitutional Eviction Moratorium

(Washington, D.C., August 11, 2021) – U.S. Senators Roger Marshall, M.D. (KS), Pat Toomey (PA), and Richard Burr (NC) introduced a Congressional Review Act resolution to repeal the Centers for Disease Control and Prevention’s eviction moratorium order. This resolution follows countless reports of property owners struggling to stay afloat due to the order, as well as the United States Supreme Court indicating clear and specific congressional authorization would be necessary for the CDC to extend the moratorium.

“The Administration’s executive action banning landlords from collecting rent that is rightfully owed to them goes beyond the CDC’s legal authority. This extended halt in evictions sets a dangerous precedent for government agencies operating outside of their statutory limitations in the future and must be stopped,” said Senator Marshall. “Thoughtless power grabs such as these have rippling consequences and the continued prolonging of the eviction moratorium does more to harm America’s economic recovery than to help it.”

“As I said when the previous administration created it, an eviction moratorium lacks both a legal and an economic justification. Even President Biden admitted last week that the ‘bulk of constitutional scholars’ agree ‘it’s not likely to pass constitutional muster.’ I hope our colleagues will join us in overturning this illegal action,” said Senator Toomey.

“The Supreme Court has made it clear – and President Biden himself has confirmed – that CDC does not have the legal authority to unilaterally extend the eviction moratorium,” said Senator Burr. “This action exceeds CDC’s statutory authority and sets a dangerous precedent going forward. With widely available COVID-19 vaccines, Americans are returning back to work and our economy is on a strong pathway to recovery. This illegal and misguided extension does nothing to support our continued economic recovery and it must be reversed.”

This legislation follows Senator Marshall’s letter to Government Accountability Office (GAO) Comptroller General of the United States Gene L. Dodaro, urging him to determine that the CDC guidance to halt residential evictions constitutes a “rule,” making it subject to Congressional disapproval under the Congressional Review Act.

Click HERE to read the full text of Senator Marshall’s letter to the GAO.

Click HERE to read the full text of the Congressional Review Act resolution introduced by Senators Marshall, Toomey, and Burr.