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To embed, copy and paste the code into your website or blog: On May 5, 2021, the U.S. District Court for the District of Columbia struck down the Centers for Disease Control and Prevention s nationwide eviction moratorium. According to the court, the CDC exceeded the scope of its authority under the Public Health Services Act, 42 U.S.C. § 264(a) (PHSA) when it enacted the Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19 (CDC Order). The decision could have wide-reaching ramifications and set a precedent for challenges to various eviction and foreclosure moratoriums across the country. Applicable to properties nationwide, the CDC Order prohibited landlords, owners of residential property, or others with the legal right to evict from evicting any covered person. Under the original eviction moratorium order, an individual had to submit a declaration to their landlord stating the following to qualify as a covered person: ....
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. ....
Health your username May 6, 2021 The nationwide eviction moratorium for now will remain in place after the federal District of Columbia judge who ruled Wednesday to vacate the Centers for Disease Control and Prevention’s (CDC) order granted a stay of her own judgment. In a minute order, Judge Dabney Friedrich of the District of Columbia District Court granted a temporary administrative pause of her judgment to the United States agency defendants after they moved for an emergency stay pending appeal of the vacatur. The plaintiffs have about a week to file an opposition, according to the order. Although the moratorium originally ordered by the CDC in September 2020, extended most recently until June 30 remains unperturbed by way of the stay, Friedrich adjudged in her opinion on the parties’ cross motions for summary judgment that the CDC overstepped its statutory authority in its nationwide order to ban evictions in an attempt to curb the spread of C ....