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

Economics | Workforce Development
Oct 26, 2026
How Old Are America's Construction Workers?

NAHB analysis takes a deeper look into the median ages of construction workers by state and by trade.

Fall Leadership Meeting
Oct 26, 2026
Watch Video Highlights from 2026 Fall Leadership Meeting

NAHB members who were unable to join us in Detroit for the 2026 Fall Leadership Meeting can watch some of the highlights on nahb.org.

View all

Latest Economic News

Economics
Oct 26, 2026
Uptick for Non-Conventional Financing in 2025

Nationwide, the share of non-conventional financing for new home sales accounted for 32.4% of the market, according to NAHB analysis of the 2025 Census Bureau Survey of Construction (SOC) data.

Economics
Oct 23, 2026
A Quarter of Remodelers Started ADUs Over Past Twelve Months

When asked if remodelers started a project involving an Accessory Dwelling Unit (ADU) over the past twelve months, 24% indicated that they were building an addition for use as an ADU and 23% indicated that they were converting an existing space to an ADU, according to NAHB’s Remodeling Market Index (RMI).

Economics
Oct 23, 2026
Slabs Overtake Basements in the East North Central Division

Nearly three-quarters of new single-family homes started in 2025 were built on slab foundations, according to NAHB analysis of the U.S. Census Bureau’s Survey of Construction (SOC).