Alabama Association of Realtors, et al. v. Department of Health and Human Services, et al.
United States Supreme Court
141 S. Ct. 2485 (2021)
- Written by Sean Carroll, JD
Facts
In 1944, Congress authorized the Department of Health and Human Services (the department) (defendant) to promulgate and execute regulations necessary to prevent the spread of communicable diseases. In response to the COVID-19 pandemic, the department enacted a nationwide temporary eviction moratorium. The moratorium prevented landlords from evicting renters with economic concerns who, if evicted, would likely be forced to find shared and congregate housing, such as homeless shelters. The department relied on the 1944 law to promulgate the moratorium on the ground that an increase in individuals relying on congregate housing would increase the spread of COVID-19. Approximately 80 percent of the country fell within the moratorium, including up to 17 million tenants potentially facing eviction. Separately during the pandemic, Congress provided almost $50 billion in emergency rental assistance. The Alabama Association of Realtors (plaintiff) filed an action in federal district court against the department, claiming that the moratorium was improper. The United States Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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