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(The Center Square) â A federal judge Wednesday vacated a national moratorium on evictions imposed by the Centers for Disease Control and Prevention, following a trend of rulings issued by other federal judges in other states. U.S. District Court Judge Dabney Friedrich ruled in an Alabama case that the CDC exceeded its authority by issuing a moratorium on evictions, first implemented in March 2020 and recently extended through June 30. The CDC claims the moratorium has helped millions of renters who lost their jobs due to state and economic shutdowns. Those who have filed suit argue the moratorium is unconstitutional and judges across the country agree. ....
(The Center Square) â A federal judge Wednesday vacated a national moratorium on evictions imposed by the Centers for Disease Control and Prevention, following a trend of rulings issued by other federal judges in other states. U.S. District Court Judge Dabney Friedrich ruled in an Alabama case that the CDC exceeded its authority by issuing a moratorium on evictions, first implemented in March 2020 and recently extended through June 30. The CDC claims the moratorium has helped millions of renters who lost their jobs due to state and economic shutdowns. Those who have filed suit argue the moratorium is unconstitutional and judges across the country agree. ....
(The Center Square) â A federal judge Wednesday vacated a national moratorium on evictions imposed by the Centers for Disease Control and Prevention, following a trend of rulings issued by other federal judges in other states. U.S. District Court Judge Dabney Friedrich ruled in an Alabama case that the CDC exceeded its authority by issuing a moratorium on evictions, first implemented in March 2020 and recently extended through June 30. The CDC claims the moratorium has helped millions of renters who lost their jobs due to state and economic shutdowns. Those who have filed suit argue the moratorium is unconstitutional and judges across the country agree. ....
Tweet A federal judge in Washington, DC has determined that the Centers for Disease Control and Prevention had no authority to implement a nationwide eviction moratorium. The full 20-page decision was posted here by CNN. But the conclusion is simply that the CDC shouldn’t have done this. The Court recognizes that the COVID-19 pandemic is a serious public health crisis that has presented unprecedented challenges for public health officials and the nation as a whole. The pandemic has triggered difficult policy decisions that have had enormous real-world consequences. The nationwide eviction moratorium is one such decision. 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. ....
To print this article, all you need is to be registered or login on Mondaq.com. On February 24, 2021, five New York landlords filed a complaint in federal court, alleging that Part A of the state s COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (the Act ) violates their constitutional rights ( Chrysafis, et al. v. James, Case No. 2:21-cv-00998). The suit challenges the extended statewide eviction moratorium and hardship declaration components of the Act on First Amendment and due process grounds. The landlord plaintiffs, whose tenants have refused to vacate or pay rent, have asked the court to declare the Act unconstitutional and to bar New York ....