A federal judge recently moved to end a nationwide eviction moratorium put into place by the Centers for Disease Control and Prevention because of the coronavirus outbreak. But Friday, with nearly 7 million households still behind on rent, the same judge has put a hold on her order.
On May 5, U.S. District Judge Dabney L. Friedrich sided with the Alabama Association of Realtors, which argued the CDC doesn t have the authority to prevent landlords from evicting tenants during a pandemic. However, Friedrich is giving the Justice Department time to appeal, and is holding the ban in place in the meantime.
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The judge acknowledged the struggle landlords are facing with renters unable to pay because of the pandemic. But she said protecting the public outweighs financial losses while her ruling is appealed.
Judge Puts Hold On Ruling That Would Have Ended Ban On Evictions
By Dustin Jones
May 14, 2021
A federal judge recently moved to end a nationwide eviction moratorium put into place by the Centers for Disease Control and Prevention because of the coronavirus outbreak. But Friday, with nearly 7 million households still behind on rent, the same judge has put a hold on her order.
For an agency long vulnerable to mission creep, it was only a matter of time.
A federal judge finally reined in the Centers for Disease Control and Prevention, striking down its sweeping eviction moratorium on the grounds that it exceeds the CDCâs congressionally delegated authority.
In a 20-page memorandum opinion released recently, U.S. District Judge Dabney L. Friedrich rejected the CDCâs power grab. Tossing tenants out of their homes may increase the risk of coronavirus transmission, she wrote, but that doesnât place the United Statesâ 11 million landlords under the public health agencyâs thumb.
âIt 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,â Friedrich wrote. âThe 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 moratori
Fearing that the national ban on many evictions will suddenly end, Legal Action is asking the state s highest court to guarantee the ban stays until June 30