Photo by Joe Ravi | CC BY-SA 3.0

The Supreme Court’s conservative majority is allowing evictions to resume across the United States, blocking the Biden administration from enforcing a temporary ban that was put in place because of the coronavirus pandemic.

The court’s action ends protections for roughly 3.5 million people in the United States who said they faced eviction in the next two months, according to Census Bureau data from early August.

The court said late Thursday in an unsigned opinion that the Centers for Disease Control and Prevention, which reimposed the moratorium Aug. 3, lacked the authority to do so under federal law without explicit congressional authorization. The justices rejected the administration’s arguments in support of the CDC’s authority.

“If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it,” the court wrote.

The three liberal justices dissented. Justice Stephen Breyer, writing for the three, pointed to the increase in COVID-19 caused by the delta variant as one of the reasons the court should have left the moratorium in place. “The public interest strongly favors respecting the CDC’s judgment at this moment, when over 90% of counties are experiencing high transmission rates,” Breyer wrote.

White House press secretary Jen Psaki said the administration was “disappointed” by the decision and said President Joe Biden “is once again calling on all entities that can prevent evictions — from cities and states to local courts, landlords, cabinet agencies — to urgently act to prevent evictions.”

The Treasury Department said Wednesday that the pace of distribution has increased and nearly a million households have been helped. But only about 11 percent of the money, just over $5 billion, has been distributed by state and local governments, the department said.

The administration has called on state and local officials to “move more aggressively” in distributing rental assistance funds and urged state and local courts to issue their own moratoriums to “discourage eviction filings” until landlords and tenants have sought the funds.

The Baker administration has said about $280 million in rental assistance has been distributed to landlords, out of $968 million in combined federal and state money allocated. Statistics released by Treasury show $144 million of the distributed funds came from federal sources, and went to 38,665 households through July 31. The city of Boston has distributed another $7.4 million to 5,798 households over the same period.

Progressives on Beacon Hill have garnered significant support for a bill that would both mandate reforms in the rental aid process while instituting a new eviction freeze through mid-June 2022. Meanwhile, sales statistics suggest many landlords are selling two- and three-family properties, whether to fund operations or to exit the business.

The high court hinted strongly in late June that it would take this path if asked again to intervene. At that time, the court allowed an earlier pause on evictions to continue through the end of July.

But four conservative justices would have set the moratorium aside then and a fifth, Justice Brett Kavanaugh, said Congress would have to expressly authorize a new pause on evictions. Neither house of Congress has passed a new evictions moratorium.

The administration at first allowed the earlier moratorium to lapse July 31, saying it had no legal authority to allow it to continue. But the CDC issued a new moratorium days later as pressure mounted from lawmakers and others to help vulnerable renters stay in their homes as the coronavirus’ delta variant surged. The moratorium had been scheduled to expire Oct. 3.

The new moratorium temporarily halted evictions in counties with “substantial and high levels” of virus transmissions and would cover areas where 90 percent of the U.S. population lives.

The Biden administration argued that the rise in the delta variant underscored the dangers of resuming evictions in areas of high transmission of COVID-19. But that argument did not win broad support at the high court.