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Decision Striking CDC Federal Eviction Moratorium Temp Stayed


Wednesday, May 12, 2021
On May 5, 2021, the United States District Court for the District of Columbia (“DC Court”) vacated a nationwide eviction moratorium order issued by the Centers for Disease Control (“CDC”) to help mitigate the spread of COVID-19 in 
Alabama Association of Realtors, et al. v. United States Department of Health and Human Services, et al.
1 (the “Decision”).  The DC Court found that the CDC exceeded its authority in issuing such moratorium on nationwide evictions of rental properties and that the CDC Order should be set aside.  The Decision was immediately appealed by the Justice Department on behalf of the CDC and the ruling has been stayed pending such appeal. ....

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Palm Coast Tenant Jailed Over Death Threats Against Landlord. But Should He and His Family Have Been Evicted?


The duplex on Raintree. (Google)
Last Dec. 14, Dale Matejka, the landlord at 53B Raintree Place, a duplex in Palm Coast, issued a three-day notice to the tenants, Anthony Douglas Debolt and Jacquelyn Ruehle. They owed $2,137. They’d signed a lease in August 2019, agreeing to pay $1,395 a month in rent. By January 4, the unpaid bill had risen to $3,602. Matejka filed a formal eviction notice in county court.
Florida had an eviction ban in effect because of the coronavirus pandemic. But it expired last October. Some federal protection may still be in effect, however: On September 1, the Centers for Disease Control and Prevention the order titled Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19, enacted last year, renewed since, and extending the residential eviction ban through June 30, 2021. The order was in effect when Debolt was issued the eviction notice. The federal order prohibits evictions and protects tenants who are “unable to pa ....

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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 O ....

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