Federal Judge Vacates CDC’s Eviction Moratorium
On Wednesday, U.S. Federal District Judge for the District of Columbia Dabney Friedrich issued a ruling vacating the U.S. government’s nationwide ban on evictions set forth by the U.S. Centers for Disease Control and Prevention (CDC). Recall, the CDC in September 2020 issued an order barring landlords from evicting tenants for the nonpayment of rent, citing a 1944 public health law that gives the agency certain powers to prevent an outbreak of communicable diseases from spreading across state lines.
In this week’s ruling, District Judge Friedrich determined the CDC exceeded its authority in imposing the nationwide eviction moratorium, ruling that the Public Health Service Act does not grant the CDC the legal authority to impose such a restriction. The case was brought against the U.S. Department of Health and Human Services by the Alabama Association of Realtors. Following Wednesday’s ruling, the U.S. Department of Justice filed an appeal and Judge Friedrich issued a temporary stay on her ruling.
The CDC’s eviction moratorium is set to expire on June 30, 2021. The ruling from Wednesday’s case is available here.