What Does Latest Court Ruling Against CDC Eviction Moratorium Mean for North Carolina?

Posted By: Jon Lowder Blog,

You've likely heard about the ruling in Federal Court on May 5, 2021 that set aside the CDC's eviction moratorium. While the ruling is definitely good news for property managers, it doesn't mean that the moratorium fight is over. First of all, the Department of Justice has already appealed that decision. Second, even if the ruling is upheld it only applies to the Federal moratorium and not any state or municipal moratoria. Here in North Carolina we have our own state moratorium and that would remain in effect no matter what happens with this case. The following is from an update from the Apartment Association of North Carolina:

North Carolinas current position is that the North Carolina moratorium is still in effect, siting section 5b of Executive Order 171. This section maintains the moratorium is independent from the requirements of CDC Order and therefor still enforceable:

The protections stated in this Executive Order are independent from the requirements of the CDC Order and shall be in force regardless of any repeal, recission, amendment, or administrative interpretation of the CDC Order. If any court without jurisdiction over the State of North Carolina enjoins or otherwise blocks or modifies the CDC Order, in whole or in part, this Executive Order shall continue to apply, and this Executive Order shall continue to provide the protections listed in the CDC Order.

Long story short, this court ruling is the latest, and most far-reaching, in a series of rulings against the CDC's moratorium, but for now it has no real effect on evictions here in North Carolina. Stay tuned for more upates as things develop.

If you'd like to read more about the case, here's a good article for reference.