WASHINGTON — The Biden administration is set to announce a new targeted federal moratorium on evictions to replace the broader one that expired over the weekend, according to a source familiar with the plans.
The new moratorium would affect areas where COVID-19 has been on the rise and would last two months, the person said.
Without the federal moratorium in place, millions of Americans who fell behind on their rent during the pandemic faced eviction, depending on the patchwork of state policies.
California’s state eviction moratorium currently lasts until Sept. 30.
Biden previously said he did not have legal authority to renew the moratorium, and asked Congress to act.
The Supreme Court narrowly rejected an attempt to end the existing eviction moratorium in June, but did not rule on whether the federal moratorium was constitutional.
Justice Brett M. Kavanaugh, who joined liberal-leaning justices and Chief Justice John G. Roberts Jr. to uphold the moratorium, made clear he would block any additional extensions unless there was “clear and specific congressional authorization.”
Critics note that states have struggled to get the $46.5 billion Congress provided for the Emergency Rental Assistance program in January and March to those who need it.
The Treasury Department estimates that just $3 billion, or 7% of available funds, had been distributed by the end of June.