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

Environmental Issues | Advocacy
Sep 15, 2026
NAHB Provides Agency Official Inside Look to Inform Changes to Stormwater Permitting

NAHB members and staff provided a tour of several residential subdivisions in Northern Virginia to an official from the U.S. Small Business Administration’s (SBA) Office of Advocacy. The tour offered an opportunity to show the official how NAHB members comply with construction stormwater requirements and to discuss the federal construction general permit (CGP) for stormwater discharges from active residential land development and construction sites.

Associate Members Committee | IBS
Sep 14, 2026
Associate Members Share Their Top Networking, IBS Advice

We spoke with three Associate members about their best tips on how to network with peers virtually throughout the year, and how to network in-person at key events such as the International Builders’ Show.

View all

Latest Economic News

Economics
Sep 11, 2026
Inflation Persisted in August

Inflation in August remained sticky as renewed tensions with Iran continued pushing up oil prices, keeping pressure on the Fed to consider a rate hike at its upcoming meeting.

Economics
Sep 10, 2026
Existing Home Sales Fall despite Improved Inventory

Existing home sales fell for the third consecutive month as record-high home prices and elevated mortgage rates weighed on buyers. Mortgage rates resumed an upward trend after the July ceasefire ended.

Economics
Sep 10, 2026
Energy Prices Rise Again in August

Residential building material prices, excluding energy, rose 0.2% in August and were up 5.1% from a year ago. Energy prices rose sharply in August, as prices for energy inputs to residential construction rose 6.6% over the month.