1 minute read

Herbein + Company, Inc

If a landlord violated the moratorium, they would find themselves subject to high penalties, which included fines up to $250,000 and jail time up to one (1) year.

What did the Supreme Court have to say about this?

A group of realtors from Alabama argued the CDC had exceeded their authority in instituting the aforesaid eviction moratoriums. The Plaintiffs in the case sought a judgment vacating the moratorium on the ground that it was unlawful. The Court opined that “The CDC has imposed a nationwide moratorium on evictions in reliance on a decades-old statute that authorizes it to implement measures like fumigation and pest-extermination. It strains credulity to believe that this statute grants the CDC the sweeping authority that is asserted." Further, the Court found that "The equities do not justify depriving applicants of the District Court’s judgment in their favor. The moratorium has put applicants, along with millions of landlords across the county, at risk of irreparable harm by depriving them of rent payments with no guarantee of eventual recovery.”

Accordingly, the United States Supreme Court issued a Decision on August 26, 2021, finding the moratorium unenforceable. There is no longer any enforceable moratorium in place.

Now serving the Lehigh Valley Area:

Herbein + Company, Inc. 7010 Snowdri� Road, Suite 400 Allentown, PA 18106

Proud to help service providers navigate through recovery - and chart their path ahead in 2021.

Assurance l Consul�ng l Tax l Transac�on Services

This article is from: