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

Sponsored Content

Jan 30, 2026

What 700+ Real Estate Pros Say About Marketing in 2026 and Where Builders Are Losing Ground

Heading into 2026, businesses across real estate are planning for growth — but with caution. Results from a recent survey point to a clear shift: while marketing investment is holding strong, the biggest opportunity – and risk – now sits in responsiveness and follow-up.

Land Development

Jan 30, 2026

How Can Density and Varying Housing Types Influence Local Tax Bases?

Developed in partnership with Urban3, NAHB’s new Value of Land Use Efficiency video and infographic resource takes a data-driven look at how a wide range of residential development types contribute to local tax bases relative to the public services they require.

View all

Latest Economic News

Economics

Jan 30, 2026

Bathroom Remodeling Is Most Common Project in 2025

Every quarter, the National Association of Home Builders (NAHB) conducts a survey of professional remodelers. The first part of the survey collects the information required to produce the NAHB/Westlake Royal Remodeling Market Index (RMI).

Economics

Jan 29, 2026

Saving Rate Falls to 3.5% in November

Personal income rose 0.3% in November 2025, following a 0.1% increase in October, according to the latest data from the Bureau of Economic Analysis. Gains were largely driven by higher wages and dividend income. However, income growth has cooled noticeably from peaking at a monthly increase of 1.1% in July 2022 to 0.3% now.

Economics

Jan 28, 2026

Holding Pattern for the Fed

The Fed paused its easing cycle at the conclusion of the January meeting of the Federal Open Market Committee, the central bank’s monetary policy body. The Fed held the short-term federal funds rate at a top rate of 3.75%, the level set in December. This marked the first policy pause since the Fed resumed easing in September of last year.