The Biden administration expected to announce a limited, targeted moratorium on evictions likely to last through early October

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The eviction issue escalated into a contentious dispute between the White House and the Progressive Democrats, who accused the president of dumping them by extending the extension into the eleventh hour. Biden aides said everyone should have known that the moratorium was ending and that Congress needed action.

Millions of Americans are left behind on their rent payments due to the pandemic that continues to ravage parts of the country.

The decision, which was expected to be issued late Tuesday, would not go so far as to freeze another nationwide evacuation, but would instead be limited in scope, targeting places where the Covid virus is spreading. Biden told reporters that the US Centers for Disease Control and Prevention will announce it.

A source familiar with these efforts said the announcement would be a 60-day moratorium for counties with high or significant transmission rates, which covers 80% of US counties and 90% of the US population.

Biden’s aides have repeatedly insisted that he lacks the legal authority to renew the current moratorium, citing a Supreme Court opinion from Justice Brett Kavanaugh in late June that said a further extension would require congressional approval.

The president said Tuesday that the new eviction ban will be different from the previous one. But he has publicly acknowledged that it will likely face legal scrutiny, and said the time it takes court proceedings to unravel it will allow emergency rental assistance to reach distressed tenants.

Biden said he sought constitutional scholars to advise him on a path forward after the Supreme Court ruling, and said that “the bulk of them” warned that halting evictions “is not likely to pass the constitutional decision.”

But he said “several key scientists” had told him it was possible, and he decided it was worth the risk if he allowed additional time for emergency rental funds already earmarked to reach Americans who need it.

“At least, by the time a lawsuit is filed, that will probably give us some extra time while we get $45 billion for people who are late in rent and who don’t have the money,” Biden said.

A senior administration official said the new CDC evacuation freeze would be “different in look and structure” than the one that ended.

It is expected that it will be directed to areas where the spread of the virus is most severe. Officials plan to suspend the limited and targeted eviction to have a deadline at the beginning of October, but the exact timetable is still being worked out, according to an administration source.

Over the past several days, the White House and the CDC have continued to search for legal ways to extend the now-expiring nationwide ban on evictions, as congressional Democrats have loudly accused them of taking no action.

Rep. Corey Bush, while organizing a protest on the steps of the US Capitol, said the president is failing millions of Americans who need protection from losing their homes. And after news emerged of the measure taken by the US administration, Bush said: “We are moved by the mountains.”

Biden spoke to House Speaker Nancy Pelosi on Tuesday to discuss the evacuation issue and detail his plan to extend the freeze to certain areas of the country, according to a person familiar with the matter. Pelosi urged the administration to extend the freeze, even after officials said it was legally impossible, calling it a “moral imperative.”

Housing advocates have embraced the effort.

“This is a huge relief to the millions of people who have been 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 Low-Income Housing Alliance. “Now, the work of state and local governments to distribute emergency rent assistance to tenants in need is critical. The President has given them the time they and millions of tenants need — they must use it effectively and speed up assistance. The country is watching, tenants and landlords are waiting.”

Meanwhile, owners’ groups expressed shock at the change after management said it did not have the authority to extend the freeze.

“Is it possible for the federal government to create more uncertainty for tenants and rental property owners in this country?” said David Howard, executive director of the National Home Rental Council, an industry group for landlords. “Shame on me for assuming the moratorium would not be extended after the president declared he had no legal authority to do so, and Congress was also unable to pass legislation to do so. Meanwhile, rental property owners lost billions of dollars they would never be able to Recovery.”

Officials have been working for days to try to chart a course to address the implications of the suspension expiring on July 31, as well as manage the sharply negative political fallout led by frustrated Democrats on Capitol Hill.

House Democratic leaders, who have called on Biden to find a way to extend the moratorium, are well aware that they do not have the votes to pass anything legislatively. The prospects in the Senate are even worse.

That burden has been placed entirely on the administration’s shoulders in recent days, with pressure mounting by progressive Democrats.

White House Press Secretary Jen Psaki told reporters Tuesday that the administration continues to seek legal ways to extend a version of the freeze, noting that the administration continues to consider “a partial, limited, short-term extension.”

But Psaki also made clear that the administration’s attorneys have not clearly defined what legal choices to make, even as Biden has repeatedly asked his teams to look for some over the past several days.

That reality has raised questions about whether any new effort will stand up to a legal challenge, officials say. This will likely include new measures that Biden is considering.

But under tremendous pressure from House Democrats, from Pelosi down, for action, the administration has continued to push for options.

“We are still looking at legal options. This process is not over yet,” Psaki told reporters earlier on Tuesday.

This story was updated with additional developments on Tuesday.

CNN’s Anna Bahney contributed to this report.

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