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

Jul 10, 2026

Plenty of Building Systems Predict High-Performance Envelopes. Here's One That Proved It.

Building-envelope performance claims appear in every construction system's specs. But how those systems hold up in the real world is what matters to builders and home buyers.

Advocacy

Jul 10, 2026

NAHB’s Monthly Update Features Landmark Housing Legislation Highlights

The talking points this month include information about how NAHB helped secure the passage of a historic housing bill.

View all

Latest Economic News

Economics

Jul 10, 2026

2025 New Single-Family Starts by Census Division

Persistently high mortgage rates, elevated costs for builders, and ongoing supply-side constraints continued to weigh on single-family construction in 2025.

Economics

Jul 09, 2026

Existing Home Sales Slowed in June

After reaching a five-month high last month, existing home sales pulled back in June as record-high home prices and elevated mortgage rates weighed on buyers. This monthly volatility reflects the sensitivity of home buyer demand to mortgage rate changes.

Economics

Jul 09, 2026

Remodeling Market Sentiment Remains in Positive Territory in Second Quarter

In the second quarter of 2026, the NAHB Remodeling Market Index (RMI) posted a reading of 61, down one point compared to the previous quarter. The RMI has remained in the low 60s consistently over the past year.