Eviction Protections Remain Despite Federal Court Ruling: Elrich

SILVER SPRING, MD — Montgomery County renters may keep their eviction protections through a statewide policy even if a nationwide eviction moratorium ends, a local leader said Monday.

County Executive Marc Elrich (D) is trying to reassure residents about tenant protections in light of a recent court ruling that struck down the U.S. Centers for Disease Control and Prevention's eviction moratorium.

"Last week's ruling by a federal judge vacating the CDC's temporary halt to evictions is extremely concerning and could be confusing to our renters," Elrich said. "We need all Montgomery County residents to be fully aware that Maryland's executive order from Gov. (Larry) Hogan is still in effect and helps protect renters."

In September 2020, the CDC issued the "Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19." The agency asserted that the order would "facilitate self-isolation by people who become ill or who are at risk for severe illness from COVID-19 due to an underlying medical condition" and would help state and local authorities "more easily implement stay-at-home and social distancing directives to mitigate the community spread of COVID-19."

But in a 20-page decision, U.S. District Judge Dabney Friedrich vacated the CDC order, saying the agency did not have the proper authority to impose such measures.

Elrich said this federal ruling is exactly why Hogan needs to not only keep, but extend, the eviction moratorium he first implemented back in 2020.

Gov. Hogan's executive order suspending evictions for tenants who demonstrate income loss related to the pandemic remains in place until he ends the state of emergency. Under Hogan's order, eviction suspension is available if a tenant attends their court hearing and provides documentation that proves COVID-19 caused financial hardships.

Elrich encourages renters who receive a court summons to take advantage of free legal advice and support. They can get more information by visiting www.montgomerycountymd.gov/renters or calling 311 (240-777-0311).

Residents can apply for rental assistance at www.mc311.com/rentrelief.