U.S. judge puts ruling overturning eviction ban on hold By Syndicated Content
May 14, 2021 | 4:26 PM
WASHINGTON (Reuters) â A federal judge on Friday agreed to put on hold her May 5 ruling invalidating the U.S. Centers for Disease Control and Preventionâs (CDC) nationwide moratorium on evictions pending the Justice Departmentâs appeal.
U.S. District Judge Dabney L. Friedrichâs ruling said the CDCâs action was supported by data analyses âthat estimate that as many as 433,000 cases of COVID-19 and thousands of deaths could be attributed to the lifting of state-based evictionâ bans.
While acknowledging landlords face continuing unpaid rent, Friedrich said âthe magnitude of these additional financial losses is outweighed by the departmentâs weighty interest in protecting the public.â
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A federal judge in Washington, D.C. has ruled that the Centers for Disease Control and Prevention (CDC) exceeded its authority in issuing a nationwide eviction moratorium aimed at protecting renters facing hardship in the wake of the COVID-19 pandemic.
In a twenty-page decision,
1 U.S. District Judge Dabney L. Friedrich recognized that COVID-19 has created a serious public health crisis with unprecedented challenges for public health officials but nonetheless found that the CDC did not have authority to impose a nationwide eviction moratorium under the Public Health Service Act (PHSA).
The ruling and appeal
U.S. District Judge Dabney L. Friedrich ruled Wednesday that the federal eviction moratorium went beyond the CDC’s authority.
“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,” Friedrich wrote in the case’s opinion.
This is not the first time the CDC’s moratorium has been challenged. The judge’s opinion notes that at least six courts have challenged the CDC moratorium in recent months.
Later Wednesday, after the Department of Justice filed an appeal, Friedrich issued a temporary stay, meaning the eviction moratorium remains for now. Yet the judge said the temporary hold on her order should not be mistaken for “a ruling on the merits” of the Department of Justice’s motion for an appeal and instead stayed the order to give the court time to consider the appeal.
Federal eviction moratorium thrown out. Is NY s ban still in place?
New York State Team
A judge struck down a federal eviction moratorium Wednesday, but that won’t affect New York’s recent extension of its own moratorium to Aug. 31, state lawmakers said this week.
The federal moratorium was first enacted last spring and was extended by the U.S. Department of Health and Human Services through the Centers for Disease Control and Prevention. President Joe Biden extended it again to June 30.
Meanwhile, New York enacted its own moratorium in December, which was extended to Aug. 31 by the state Legislature earlier this week.
Monday, May 10, 2021
A federal judge in Washington, D.C. has ruled that the Centers for Disease Control and Prevention (CDC) exceeded its authority in issuing a nationwide eviction moratorium aimed at protecting renters facing hardship in the wake of the COVID-19 pandemic.
In a twenty-page decision,
1 U.S. District Judge Dabney L. Friedrich recognized that COVID-19 has created a serious public health crisis with unprecedented challenges for public health officials but nonetheless found that the CDC did not have authority to impose a nationwide eviction moratorium under the Public Health Service Act (PHSA).
2
THE CDC ORDER
Former president Trump declared the COVID-19 outbreak a national emergency on 13 March 2020. He signed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act)