The Wall Street Journal says (reposted on Realtor.com) there is a looming legal battle coming over the CDC’s new eviction moratorium. They reported that a group of property managers and realtors lodged objections in federal court to the new moratorium right after the new one was issued. This group is supported by the National Association of Realtors and are alleging the Centers for Disease Control and Prevention lacked legal authority to issue new moratorium. Interestingly, the Biden administration even acknowledged that it might be on tenuous legal footing when it told members of Congress (prior to enacting the new moratorium) that future moratoriums would need to be enacted by lawmakers. Indeed….
“Rather than file a fresh lawsuit challenging the new moratorium, the plaintiffs submitted an emergency motion in their previously filed case, asking a judge to apply a ruling against the last eviction ban to the new CDC effort.”
“Even if the new moratorium is blocked by a court, that could take weeks or months, buying time for the administration to work with state and local governments to distribute the bulk of some $47 billion in rental assistance already set aside by the federal government. Only about $3 billion of that had found its way to landlords and tenants as of June 30 because of bureaucratic complications and other issues, mostly on the state and local levels.”