President Biden announced Thursday that he was not going to work to continue the moratorium, calling on Congress to take action instead. Waters, who unsuccessfully tried to pass a bill, showed skepticism that the CDC could not stretch the moratorium as they had made in the past.
"I don't buy that the CDC can't extend the eviction moratorium - something it has already done in the past!" Waters tweeted. "Who is going to stop them? Who is going to penalize them? There is no official ruling saying that they cannot extend this moratorium. C'mon CDC - have a heart! Just do it!"
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Despite what Waters issued, there was an official judgment on this in May from the U.S. District Judge Dabney Friedrich, who said the CDC acted outside the scope of its power when it previously declared the moratorium. That order was put on pause awaiting an appeal of the verdict, and while the Supreme Court rejected a request to abandon the stay on the ruling, it was only because it was already set to expire on July 31.
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Justice Brett Kavanaugh wrote in a concurring conclusion that he agrees that the CDC surpassed their power with the moratorium, and made clear that he was only passing it to stay because it was about to cease. Had Kavanaugh voted the other way, it would have been a 5-4 ruling to vacate the stay and Judge Friedrich's ruling against the moratorium would have taken effect.
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"In my view, clear and specific congressional authorization (via new legislation) would be necessary for the CDC to extend the moratorium past July 31," Kavanaugh wrote.
Waters' push for the CDC to go forward anyway came after the White House said the agency could not fix a legal avenue to do it.
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"To date, CDC Director Rochelle Walensky and her team have been unable to find legal authority for a new, targeted eviction moratorium," White House Secretary Jen Psaki said in a statement. "Our team is redoubling efforts to identify all available legal authorities to provide necessary protections."
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Gabe Imondi, a 74-year-old landlord from Rhode Island, had come to court expecting to get his apartment back. He was weary of waiting for federal rental assistance and questioned aloud “what they’re doing with that money?”
Hours later, Luis Vertentes, in a different case, was told by a judge he had three weeks to clear out of his one-bedroom apartment in nearby East Providence. The 43-year-old landscaper said he was four months behind on rent after being hospitalized for a time.
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