Tenney Opposes Biden's Unconstitutional Eviction Moratorium and Calls for Immediate Reversal

Washington, D.C. – Congresswoman Claudia Tenney (NY-22) in a letter to President Biden called on his Administration to respect property rights and the rule of law by immediately reversing its unconstitutional extension of the CDC eviction moratorium. 

“The disastrous and unconstitutional extension of the eviction moratorium is driving small local landlords in New York to the brink of financial ruin. This unconstitutional overreach threatens the integrity of property rights in America as well as the life savings and income that many small and local landlords rely on to make ends meet,” said Congresswoman Tenney. “The new eviction moratorium is not just bad policy, it is also a way for the Biden Administration to paper over its bureaucratic ineptitude. The Administration has only distributed $3 billion of the $45 billion already set aside by Congress for nationwide rent relief. It should get its own house in order and get this money into the hands of those who need it most rather than targeting property owners.”  

“The CDC does not have the power to bypass Congress or ignore the United States Supreme Court,” Tenney concluded. “The mission of the CDC is to increase the health security of our nation and protect Americans from foreign and domestic health threats. This unilateral power grab to expand the eviction moratorium clearly does not fall under this authority." 

On June 29, 2021, the Supreme Court declared the Administration’s previous eviction ban unconstitutional, stating that the CDC did not have the authority to unilaterally regulate commerce. The court further affirmed that any continuation of the moratorium would require an act of Congress. When Congress did not extend the eviction moratorium before it expired on July 31, the CDC moved forward on its own to extend the order, explicitly violating the Supreme Court’s ruling and completely bypassing Congress. 

A copy of the letter, which was led by Representative Doug Lamborn (R-CO) and joined by 32 other Members of Congress, can be found here.