Department of Justice Issues Statement Regarding Decision in Skyworks v. CDC

Brian M. Boynton, Acting Assistant Attorney General for the Civil Division of the Department of Justice, released the following statement:

“The CDC’s eviction moratorium—which Congress extended last December and the CDC later extended through March 31, 2021—protects many renters who cannot make their monthly payments due to job loss or health care expenses. By preventing people from becoming homeless or having to move into more-crowded housing, the moratorium helps to slow the spread of COVID-19.  

The Department of Justice respectfully disagrees with the March 10 decision of the district court in Skyworks v. CDC concluding that the moratorium exceeds CDC’s statutory authority to protect public health. In the Department’s view, that decision conflicts with the text of the statute, Congress’s ratification of the moratorium, and the rulings of other courts.  

In any event, the decision applies only to the particular plaintiffs in that case. It does not prohibit the application of the CDC’s eviction moratorium to other parties. For other landlords who rent to covered persons, the CDC’s eviction moratorium remains in effect.”