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

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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 O ....

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COVID-19 Update: Federal Eviction Moratorium Struck Down - Coronavirus (COVID-19)

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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 ....

United States , Centers For Disease , Texas Court , Macdonald Property Management , Us Department Of Health , Apartments Ltd , Pineywoods Arcadia Home Team Ltd , United States District Court , District Court , Us District Court , Supreme Court , Public Health Service , Eastern District Of Texas Court , Lufkin Creekside Apartments Ltd , Eastern District , Lauren Terkel , Disease Control , Residential Evictions , Further Spread , Public Health Service Act , Commerce Clause , Proper Clause , Case Number , Appropriations Act , Calendar Year , Cares Act ,

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 ....

United States , Centers For Disease , Texas Court , Lakeridge Apartments Ltd , Macdonald Property Management , Us Department Of Health , Human Services , Pineywoods Arcadia Home Team Ltd , United States District Court , Us District Court , Supreme Court , Public Health Service , Eastern District Of Texas Court , Lufkin Creekside Apartments Ltd , Eastern District , Lauren Terkel , Disease Control , Temporary Halt , Residential Evictions , Further Spread , Public Health Service Act , Commerce Clause , Proper Clause , Case Number , Appropriations Act , Calendar Year ,

COVID-19 Update: Federal Eviction Moratorium Struck Down | Cadwalader, Wickersham & Taft LLP

COVID-19 Update: Federal Eviction Moratorium Struck Down | Cadwalader, Wickersham & Taft LLP
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United States , Lakeridge Apartments Ltd , Macdonald Property Management , Wickersham Taft , United States District Court , Us District Court , Eastern District Of Texas Court , Lufkin Creekside Apartments Ltd , Centers For Disease , Texas Court , Pineywoods Arcadia Home Team Ltd , Human Services , Us Department Of Health , Supreme Court , Public Health Service , Eastern District , Lauren Terkel , Disease Control , Temporary Halt , Residential Evictions , Further Spread , Public Health Service Act , Commerce Clause , Proper Clause , Case Number , Appropriations Act ,