(UPDATED 8/13/21…scroll down) Another federal judge has ruled against the CDC’s nationwide eviction moratorium. According to The Hill, U.S. District Court Judge Dabney Friedrich vacated a nationwide freeze on evictions that was put in place by the federal government last year and recently extended to June 30th. The Hill says it was a a win for a coalition of property owners and realtors, who brought one of several challenges against the CDC’s eviction moratorium. Indeed…
“It is the role of the political branches, and not the courts, to assess the merits of policy measures designed to combat the spread of disease, even during a global pandemic. The question for the Court is a narrow one: Does the Public Health Service Act grant the CDC the legal authority to impose a nationwide eviction moratorium? It does not…” Said Judge Dabney Friedrich in her ruling.
Charles Tassell, COO of the National Real Estate Investors Association, said “Denying access to courts is denying justice, and today justice has been reestablished for millions of property owners across this country. Now, we call on the CFPB and FTC to withdraw their recently stepped-up enforcement of this unlawful edict. US housing providers and their residents need to be able to get back working this crisis out together and stop this governmental interference and taking.”
Tassell further stated that “Unfortunately, the CDC’s eviction moratorium has hurt many people – especially those striving to provide quality affordable housing options. Housing providers have been prevented from undertaking legitimate evictions & renovations, thus tying up clean & safe housing stock that is much needed by many Americans. In addition, a lot of hardworking men & women in the building trades, landscaping, property management and even housing providers themselves have been deprived of legitimate income that has had a negative impact on their ability to provide quality housing options at all levels of affordability.”
(UPDATE 5/6/21) Reuters is reporting that the U.S. Department of Justice sought an emergency order to put Friedrichs’s decision on hold. However, Judge Friedrich only agreed to temporarily put her ruling on hold and then gave the landlord groups that challenged the moratorium until May 12 to file legal briefs opposing the delay. The Judge emphasized that she had not ruled on the merits of the government’s request. Stay tuned…
(UPDATE 5/14/21) The Hill is reporting that Judge Friedrich agreed to delay the enforcement of her ruling from earlier this month striking down a nationwide freeze on evictions. The move allows the CDC’s eviction moratorium to remain intact while the Biden administration appeals her decision.
(UPDATE 6/30/21) The AP is reporting that In a 5-4 ruling, the U.S. Supreme Court has refused to end the CDC’s nationwide moratorium on evictions. Previously, U.S. District Court Judge Dabney Friedrich struck down the moratorium saying it exceeded CDC’s authority, however, she put her ruling on hold, pending appeal.
(UPDATE 7/23/21) With a week to go the 6th U.S. Circuit Court of Appeals in Cincinnati, Ohio ruled in late July that the CDC lacked authority for their national eviction moratorium. According to a report from Reuters, the court’s unanimous ruling on July 23rd means judges in Tennessee, Kentucky, Ohio and Michigan are no longer bound by the moratorium. The moratorium is set to expire on 7/31, barring any additional extensions from the Biden Administration.
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