Democrats Introduce Legislation To Reinstate National Evictions Moratorium
Bill would grant Department of Health and Human Services authority to issue a moratorium
Having seen the Supreme Court now strike down evictions moratoria — twice — issued by the Centers for Disease Control and Prevention (CDC), a group of Democrats have introduced bills to reinstate such a moratorium legislatively.
The Supreme Court twice gave thumbs down this summer to moratoria from the executive branch, including a more narrowly tailored moratorium, saying that only a legislative moratorium would pass constitutional muster.
As COVID-19 cases surge and 1 in 7 renters — including nearly a quarter of Black renters — remain behind on rental payments, evicting residents could exacerbate the public health crisis and hamper economic recovery, according to moratorium proponents.
Sen Elizabeth Warren of Massachusetts, Rep Cori Bush of Missouri along with Sens Ed Markey of Massachusetts, Senator Alex Padilla of California, and more than three dozen of their colleagues introduced the Keeping Renters Safe Act of 2021.
In direct response to the Supreme Court’s decision to strike down President Biden’s initial eviction moratorium on the grounds that the secretary of the Department of Health and Human Services (HHS) lacks the statutory authority to mandate such a moratorium, the Keeping Renters Safe Act of 2021 would clarify that the HHS secretary does permanently retain the authority to implement an eviction moratorium in the interests of public health. More than 110,000 Massachusetts residents alone report being behind on rent, according to Warren’s office.
“This pandemic isn’t over, and we have to do everything we can to protect renters from the harm and trauma of needless eviction, which upends the lives of those struggling to get back on their feet,” said Warren. “Pushing hundreds of thousands of people out of their homes will only exacerbate this public health crisis and cause economic harm to families, their communities, and our recovery. Congress must pass the Keeping Renters Safe Act of 2021 to put the eviction moratorium back in place and clarify that HHS has the authority to protect renters throughout this public health crisis. Safe housing saves lives.”
Congresswoman Bush, who experienced homelessness herself earlier in her life, slept out in front of the Capitol Building overnight earlier this summer to protest the lack of a moratorium.
“Housing is a human right, not a bargaining chip to let fall between bureaucratic cracks,” said Congresswoman Bush. “Nearly 40 million Americans have tested positive for COVID-19. Over 670,000 people have died of this virus, and countless are living permanently disabled from its aftereffects. As the Delta variant continues to force individuals to quarantine, close schools, and stifle businesses, we must do all we can to save lives. That starts with keeping every person safely housed. The Keeping Renters Safe of 2021 will save lives and give us more time: time for renters to receive financial assistance, time for the economy to fully recover, and time for the pandemic to finally come to an end. I’m humbled to introduce this critical, actionable legislation with Senator Warren and so many of my colleagues.”
The Keeping Renters Safe Act of 2021 will protect renters from eviction and curb the spread of COVID-19 by:
Amending section 361 of the Public Health Service Act to grant permanent authority to the Department of Health and Human Services (HHS) to implement a residential eviction moratorium to address public health crises.
Directing HHS to implement a national residential eviction moratorium in response to COVID-19 that:
Must be automatic, without requiring individuals to apply for coverage.
Applies to all residential eviction filings, hearings, judgments, and execution of judgments.
Allows the Secretary to establish appropriate moratorium exceptions necessary to protect the health and safety of others.
Remains in effect at least 60 days following the conclusion of the public health emergency.
Since the start of COVID-19, millions of renters have found themselves behind on rent for the first time in their lives, laid off from their jobs or found their hours cut during lockdowns. The federal, state and local eviction moratoria were mandated because lawmakers at every level recognized the dire urgency of preventing millions of people from being thrown out onto the street in the middle of a deadly global pandemic.
Since then, the majority of those eviction moratoria have lapsed, stimulus checks have come and gone, and unemployment benefits have expired. Yet, a significant portion of Americans continue to experience devastating levels of financial hardship. We know that the rental assistance program has failed to distribute close to 90 percent of the nearly $46 billion allocated to grantees and people are desperately waiting for help we promised. The Keeping Renters Safe Act of 2021 helps fulfill that promise.
“With millions of vulnerable renters at risk of being unhoused as COVID-19 deaths spike nationwide, Congress must act with urgency to prevent the impending eviction crisis and the trauma that would accompany it,” said Congresswoman Ayanna Pressley (D-Mass). “Our bill does that by reinstating the federal eviction moratorium so families can stay safely housed and access federal emergency rental assistance while we recover from this ongoing pandemic. Without collective action, COVID-19 will continue to spread, lives and homes will continue to be lost, and the hurt our communities are experiencing will only get worse. We've been fighting hard for this and we must act before it’s too late.”
Rep Mondaire Jones (D-NY) condemned the Supreme Court decision which led to Tuesday's introduction of legislation.
“Last month, I proudly stood alongside Rep. Bush and fought to keep as many as 11 million Americans from becoming homeless. Now, I’m proud to stand by her today as we continue that fight by introducing the Keeping Renters Safe Act,” said Congressman Jones. “Despite how hard we fought, and the many days we stayed out on those Capitol steps, the far-right, 6-3 majority on the Supreme Court, in a dangerous, partisan decision, struck down the CDC’s eviction moratorium. This left millions once again at risk of eviction. In the world’s richest nation, no one should have to experience housing insecurity -- especially not during a deadly pandemic with the Delta variant ravaging our communities. We have a moral obligation to ensure every person remains safe and housed for the duration of this pandemic and long after. That’s exactly what our bill, the Keeping Renters Safe Act, would do.”
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