Eviction Moratorium Extension Update

August 10, 2021

- By The MAR Legal Team

On August 3rd, the Centers for Disease Control and Prevention (CDC) extended the federal eviction moratorium until October 3rd. The extension included one significant change — the moratorium now applies only to counties experiencing substantial or high community transmission levels of COVID-19 as determined by the CDC’s COVID data tracker. This narrowing of the moratorium’s application is directly related to a legal challenge led by the Alabama and Georgia Associations of Realtors® with assistance from NAR. They are continuing their suit, now challenging the extension. 

Currently in Massachusetts, 13 of 14 counties are covered by the moratorium (all but Hampshire county), but the CDC data tracker updates weekly, so that can change. Courts in counties that are covered by the moratorium will continue to accept and process eviction cases. The only difference under the new moratorium extension is that courts in counties with moderate or low transmission rates will now be able to issue final execution orders. The specific issuing and functioning of those orders with the potential for weekly changes is unclear at this time. MAR has requested clarification from the courts and will add more detail as soon as possible