The National Apartment Association announced that it filed a lawsuit on July 27, 2021 in the US Court of Federal Claims "to recover damages on behalf of rental housing providers that have suffered severe economic losses under the U.S. Centers for Disease Control and Prevention's (CDC) overreaching federal eviction moratorium."

Congress initially passed a national temporary moratorium on evictions for non-payment of rent on March 27, 2020, which ended on July 24, 2020. The CDC imposed a moratorium on September 4, 2020. Congress extended that moratorium through January 31, 2021. Then the CDC extended it three more times, ultimately through July 31, 2021.

There have been legal challenges, with the Supreme Court ultimately ruling on June 29, 2021 that the CDC had "exceeded its existing statutory authority by issuing a nationwide eviction moratorium." The court did allow the moratorium to continue through July, as planned, to "allow for additional and more orderly distribution of the congressionally appropriated rental assistance funds."