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(CNN) -
The U.S. Centers for Disease Control and Prevention (CDC) issued a new order on Tuesday temporarily halting evictions in some counties, arguing that evicting people could be detrimental to public health and would interfere with efforts to curb the pandemic.
The new moratorium comes after President Joe Biden and his administration allowed a previous moratorium to expire, sparking anger among members of his own party.
The new eviction ban applies to areas of the country with high or substantial transmission of covid-19 and will last until October 3, according to the announcement.
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“In the context of a pandemic, a moratorium on eviction - such as quarantine, isolation and physical distancing - can be an effective public health measure used to prevent the spread of communicable diseases.
The eviction moratorium facilitates the self-isolation and self-quarantine of people who become ill or are at risk of transmitting COVID-19 by keeping people out of congregational settings and in their own homes, ”the statement read .
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The eviction issue had become a contentious dispute between the White House and progressive Democrats, who accused the president of imposing an extension at the last minute.
Biden's advisers said everyone should have known that the moratorium was expiring and that congressional action was needed.
Millions of Americans were left to fend for themselves with late rent payments due to the pandemic that still affects parts of the country.
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This resolution will stop eviction orders at the national level, but will have a more limited scope, since it is aimed at places with a high spread of covid-19.
A familiar source said the ad would cover 80% of US counties and 90% of the population.
Biden's aides had repeatedly insisted that he lacked legal authority to renew the existing moratorium, citing a Supreme Court opinion from Justice Brett Kavanaugh from late June that said another extension would require congressional approval.
The president said early Tuesday that the new eviction ban would be different from the previous one.
But he openly acknowledged that he would likely face legal scrutiny, saying the time it takes for the court process to unfold will allow emergency rental assistance to reach troubled tenants.
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Biden said he had sought out constitutional scholars for advice on the way forward after the Supreme Court ruling, saying the "majority" of them warned that an eviction moratorium "was not likely to pass the test. constitutional".
But he said "several key scholars" told him he could, and decided it would be worth the risk if he offered additional time for funds from already allocated rental assistance programs to reach Americans in need.
"At the very least, by the time it's litigated, it will probably give some extra time while we deliver that $ 45 billion to people who are actually behind on their rent and don't have the money," Biden said.
A senior administration official said the new order stopping the CDC evictions would be "different in form and structure" than the one that expired.
It is aimed at areas where the spread of the virus is most acute.
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Over the past few days, the White House and the CDC had sought legal avenues to extend the now-expired national ban on evictions, while Democrats in Congress loudly accused him of inaction.
Holding a protest on the steps of the US Capitol, Representative Cori Bush said the president was disappointing millions of Americans who needed protection from losing their homes.
After news broke of the administration's pending action, Bush said, "Our movement moved mountains."
Biden spoke with House Speaker Nancy Pelosi on Tuesday to discuss the evictions issue and detail his plan to extend the moratorium to certain areas of the country, according to a person familiar with the matter.
Pelosi had urged the administration to extend the moratorium, even after officials said it was legally impossible, calling it a "moral imperative."
Housing advocates welcomed the effort.
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"This is a great relief to millions of people who were on the verge of losing their homes and, with them, their ability to stay safe during the pandemic," said Diane Yentel, president and CEO of the National Coalition for Housing for the People. Low Income.
"Now, the work of state and local governments to distribute emergency rental assistance to tenants who need it becomes even more critical. The president has given them the time they and millions of tenants needed; they must use it effectively. and expedite assistance. The country is watching, and tenants and landlords are waiting. "
Meanwhile, homeowner groups expressed shock over the sea change after the administration said they had no authority to extend the moratorium.
"Could the federal government create more uncertainty for renters and rental homeowners in this country?"
said David Howard, executive director of the National Rental Home Council, an industry group of owners.
"It is a shame for me to assume that the moratorium will not be extended after the president announced that he has no legal authority to do so, nor that Congress was able to pass legislation to do so. Meanwhile, rental homeowners have lost thousands. of millions of dollars that will never get back. "
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Officials have been working for days to try to identify a way to address the implications of the expiration of the moratorium on July 31, as well as to handle the strongly negative political fallout pushed by frustrated Democrats on Capitol Hill.
House Democratic leaders, who have asked Biden to find a way to extend the moratorium, are well aware that they do not have the votes to pass anything legislatively.
Expectations in the Senate are even worse.
That has put all the onus on the administration in recent days, with increasing pressure driven by progressive Democrats.
That reality has raised questions about whether any new effort would survive a legal challenge, officials say.
That likely includes the new stocks that Biden is considering.
But under immense pressure from House Democrats, from Pelosi down, to act, the administration has continued to push for options.
"We are still looking for legal options. That process is not over," Psaki told reporters early Tuesday.
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CNN's Anna Bahney contributed to this report.
Evictions Income in the United States
