Judge Affirms NAHB Members Exempt from CDC Eviction Moratorium; Other Landlords Are Not

Disaster Response
Published

A federal judge has reaffirmed that members of NAHB are exempt from the nationwide eviction moratorium imposed by the Centers for Disease and Control Prevention (CDC), but ruled that the exemption only applied to the plaintiffs in the case (including NAHB members) and not to all landlords nationwide.

So, although the judge would not grant relief to all landlords across the country, he did make clear the CDC’s unlawful action does not apply to NAHB members. Since the case was brought in October 2020, the judge’s ruling protects all NAHB members who were members of the association dating back to last October. Those who became new members of NAHB after October 2020 are not exempt under the court order.

As NAHBNow posted previously, the association brought a lawsuit against the CDC challenging the eviction moratorium in the federal district court in Ohio. The judge in the case ruled in March that the CDC had exceeded its authority by issuing the eviction moratorium and “set aside” the CDC’s regulation.

The Department of Justice claimed that the opinion only applied to the plaintiffs in the case, including NAHB’s members.

In April, NAHB asked for clarification from the court and explained that the law required that the eviction moratorium to be “set aside” nationwide. Unfortunately, the judge failed to vacate the CDC’s regulation nationwide. However, he did make clear that his invalidation of the CDC’s eviction moratorium “extends to parties, including the members of the National Association of Homebuilders.”

In other words, the judge reaffirmed that the CDC’s federal eviction moratorium does NOT apply to NAHB’s members, while ruling that other landlords across the nation must comply with the CDC mandate.

Subscribe to NAHBNow

Log in or create account to subscribe to notifications of new posts.

Log in to subscribe

Latest from NAHBNow

Advocacy

May 20, 2026

NAHB Applauds House Passage of Landmark Housing Bill

NAHB Chairman Bill Owens issued the following statement after the House approved major housing legislation today.

Advocacy

May 20, 2026

NAHB Commends HUD’s New Best Practices Report

NAHB Chairman Bill Owens issued the following statement after the U.S. Department of Housing and Urban Development released its State and Local Best Practices for Home Construction report.

View all

Latest Economic News

Economics

May 20, 2026

What It Takes to Leave Parental Home

As of 2024, one in five adults aged 25-34 lives with parents or in-laws. NAHB’s analysis of the latest American Community Survey (ACS) Public Use Microdata Sample (PUMS) evaluates a wide range of socioeconomic and demographic factors that shape young adults’ path to independence.

Economics

May 19, 2026

Who Drives Remodeling Spending?

Residential remodeling is an important and growing sector of the housing market, particularly as elevated mortgage rates and limited housing inventory encourage many homeowners to improve their existing homes rather than move.

Economics

May 18, 2026

Builder Sentiment Posts Gain in May but Significant Affordability Challenges Persist

Builder confidence posted a modest gain in May even as buyers grapple with rising mortgage rates and economic uncertainty while builders continue to contend with elevated land, labor and construction costs.