NAHB Wins Legal Decision on Eviction Moratorium Case
On March 10, NAHB won a key legal decision when the U.S. District Court for the Northern District of Ohio ruled that by issuing a nationwide eviction moratorium the Centers for Disease and Control Prevention (CDC) exceeded the authority Congress had granted it.
NAHB had filed suit in the district court along with Monarch Investment Management Group and Skyworks, Ltd. regarding what we asserted was the lack of authority of the CDC to issue an eviction moratorium. NAHB was also assisted by the Sterling Group, who provided an affidavit illustrating the harm caused by this moratorium.
The ruling in the case, entitled Skyworks, Ltd., et al. v. Centers for Disease Control and Prevention, et al., sets a great precedent against government overreach.
The court addressed two legal questions: 1) did Congress provide the CDC with the authority to issue a nationwide eviction moratorium in section 361 of the Public Health Services Act, and 2) did Congress later ratify the CDC’s moratorium in the Consolidated Appropriations Act of 2021?
With respect to the first question, the court found the statute was clear.
“Because the Court determines that the statute is unambiguous and, by issuing a nationwide eviction moratorium, CDC exceeded the authority Congress gave it in Section 361, the Court holds that action unlawful and sets it aside, as the APA [Administrative Procedures Act] requires,” the court ruling stated.
On the second question, the judge explained that all Congress did was extend the moratorium, but never reviewed CDC’s authority to issue the order and certainly never ratified it.
The government is now in a very difficult position because the court made clear that it was setting aside the eviction moratorium order under the APA.
At this point, it is unclear whether the federal government will seek to limit the decision only to the plaintiffs involved, or to Ohio.
For more information, contact Tom Ward or Devala Janardan.
Latest from NAHBNow
Dec 23, 2025
Lumber Capacity Has Peaked for 2025An annual revision to the Federal Reserve G.17 Industrial Production report shows current sawmill production levels above 2017 by 7.5%, but just 0.3% above 2023 levels.
Dec 22, 2025
Can Offsite Housing Solve the Housing Affordability Crisis?Offsite construction – a method in which components are planned, designed, fabricated in a factory setting and then transported and assembled onsite – is something more community-based organizations (CBOs) are turning to as a solution to the housing affordability crisis.
Latest Economic News
Dec 22, 2025
State-Level Employment Situation: September 2025In September 2025, nonfarm payroll employment was largely unchanged across states on a monthly basis, with a limited number of states seeing statistically significant increases or decreases. This reflects generally stable job counts across states despite broader labor market fluctuations. The data were impacted by collection delays due to the federal government shutdown.
Dec 19, 2025
Existing Home Sales Edge Higher in NovemberExisting home sales rose for the third consecutive month in November as lower mortgage rates continued to boost home sales, according to the National Association of Realtors (NAR). However, the increase remained modest as mortgage rates still stayed above 6% while down from recent highs. The weakening job market also weighed on buyer activity.
Dec 18, 2025
Lumber Capacity Lower Midway Through 2025Sawmill production has remained essentially flat over the past two years, according to the Federal Reserve G.17 Industrial Production report. This most recent data release contained an annual revision, which resulted in higher estimates for both production and capacity in U.S. sawmills.