Judge Affirms NAHB Members Exempt from CDC Eviction Moratorium; Other Landlords Are Not
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.
Latest from NAHBNow
Feb 18, 2026
Podcast: Live From IBS 2026 – A Special Home for a Special CauseIn the latest episode of NAHB’s podcast, Housing Developments, CEO Jim Tobin and COO Paul Lopez take center stage at NAHB HQ at the 2026 International Builders’ Show (IBS) in Orlando, with special guest Jason Eichenholz sharing his behind-the-scenes involvement with The New American Home.
Feb 18, 2026
Georgia Builder Elected to Senior Leadership of NAHBJim Chapman, an Atlanta-based real estate developer with more than 25 years of experience in the construction field, was elected today as 2026 third vice chairman of the National Association of Home Builders (NAHB) during the association’s International Builders’ Show in Orlando.
Latest Economic News
Feb 18, 2026
Overall Housing Starts Inch Lower in 2025Despite a strong finish in December, single-family home building dipped in 2025 as persistent affordability challenges continued to weigh on the market.
Feb 18, 2026
How Housing Affordability Conditions Vary Across States and Metro AreasThe NAHB 2026 priced-out estimates show that the housing affordability challenge is widespread across the country. In 39 states and the District of Columbia, over 65% of households are priced out of the median-priced new home market. This indicates a significant disconnect between higher new home prices, elevated mortgage rates, and household incomes.
Feb 17, 2026
Builder Sentiment Edges Lower on Affordability ConcernsBuilder confidence in the market for newly built single-family homes fell one point to 36 in February, according to the National Association of Home Builders (NAHB)/Wells Fargo Housing Market Index (HMI).