CDC Issues New “Potentially Illegal” Eviction Ban for “High COVID Infection” Areas; 12 Counties in Nevada Affected

The Centers for Disease Control and Prevention (CDC) issued a new national eviction moratorium on Tuesday – after the previous one had expired over the weekend – with this one not taking the form of a “blanket” ban on evictions, but instead targeting counties in the United States with high infection rates of COVID-19.

And while the CDC’s announcement was initially met with waves of confusion over what areas in the country would be affected by it, the question for our readers was quite obviously “will the new eviction ban impact Nevada landlords – especially those in Clark County – yet again?” And, after a few days of waiting, we finally have our answer: yes, it will.

Nevada Health Response indicates that 12 of Nevada’s 17 counties qualify as “substantial” or “high” transmission rate areas, and as a result, those 12 counties are now under the mandate of the CDC’s moratorium not to evict tenants who are unable to make rent payments due to financial hardships brought about by the COVID-19 pandemic. “Substantial” transmission is 50 to 100 cases per 100,000, or a positivity rate between 8 percent and 10 percent, and “high” transmission is 100 or more cases per 100,000 people or a positivity rate of 10 percent or higher.

The new eviction moratorium, slated to expire on October 3, currently affects the following counties in Nevada: Carson, Churchill, Clark, Douglas, Elko, Lincoln, Lyon, Mineral, Nye, Storey, Washoe, and White Pine.

The CDC has stated that the purpose of the new moratorium is to give time to U.S. residents to access billions of dollars in federal rental assistance funds, funds that have been proven to be notoriously slow to distribute.

However, many experts have opined that the CDC’s new eviction moratorium is almost certainly illegal. This may be especially true in light of a recent Supreme Court ruling that the previous eviction ban could not continue beyond July without legislative action on the part of Congress, which failed to happen. In fact, the Biden Administration has already received a legal challenge to the CDC’s new ban, which a U.S. District Judge decreed must be responded to by August 6.

Shelter Realty is a Real Estate and Property Management Company specializing in the areas of Henderson, Las Vegas and North Las Vegas, NV. Feel free to give us a call at 702.376.7379 so we can answer any questions you may have.