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Springing Forward, March 2021 | Issue No 22 - COVID-19 Update: Federal Eviction Moratorium Struck Down | Cadwalader, Wickersham & Taft LLP

To embed, copy and paste the code into your website or blog: On February 25, 2021, the United States District Court in the Eastern District of Texas (“Texas Court”) granted summary judgment in favor of the plaintiffs in Lauren Terkel et al. v. Centers for Disease Control and Prevention et al.,[1] holding that a nationwide eviction moratorium issued by the Centers for Disease Control and Prevention (“CDC”) to mitigate the spread of COVID-19 exceeded the constitutional authority granted to the CDC. On September 4, 2020, the CDC issued an order, the Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19[2] (the “Order”), under Section 361 of the Public Health Service Act, which was originally scheduled to expire on December 31, 2020 and was subsequently extended until March 31, 2021.[3] The Order was intended to mitigate the spread of COVID-19 within shared living spaces and the spread of the virus in between the States. Under the Order, any la

Federal COVID-19 Eviction Moratorium Struck Down

February 25, 2021, Eastern District Court of Texas granted summary judgment in Lauren Terkel et al. v. Centers for Disease Control and Prevention et al., holding that a nationwide eviction moratorium issued by the CDC exceeded the constitutional authority granted to the CDC

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