Federal Judge Throws Out CDC's National Moratorium on Evictions
The national eviction moratorium set by the Center for Disease Control and Prevention (CDC) months ago due to the COVID-19 pandemic was ruled by a federal judge of exceeding the agency's authority and should be vacated.
The eviction moratorium placed nationwide last year aim to help the victims of the economic crisis caused by the pandemic to hold onto their homes.
According to NBC News, Judge Dabney Friedrich of the U.S. District Court for the District of Columbia wrote in his 20-page ruling that the moratorium, which was scheduled to be in place until June 30, should be vacated.
Friedrich emphasized that the Public Health Service Act does not grant the CDC the legal authority to impose a nationwide eviction moratorium.
Moreover, the judge noted that while Congress had ratified earlier extensions of the moratorium order, the House had not done so for the latest extension.
It is still unclear if the order will have an immediate impact. But the judge agreed to put a temporary hold on her ruling as the government seeks to reverse the decision on appeal.
In a statement, the acting assistant attorney general in the Justice Department's Civil Division, Brian M. Boynton, shared that the agency respectfully disagreed with the judge's decision.
Boynton added that the department has already filed a notice of appeal of the decision, and it intends to seek an emergency stay of the order pending appeal.
The acting assistant attorney general also stated that the moratorium protects many renters who cannot make their monthly payments because of job loss or huge health care expenses.
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Effects of Evictions Amid Pandemic
Based on scientific evidence, evictions exacerbate the spread of the coronavirus, which has already killed more than half a million Americans, Los Angeles Times reported.
Also, the harm to the public that would result from unchecked evictions cannot be undone.
The latest ruling is just one of the conflicting decisions on the issue. Friedrich noted in her decision that in the last several months, at least six courts have considered various statutory and constitutional challenges to the CDC order.
In one of the cases, a federal judge in Texas ruled that the eviction moratorium was unconstitutional. The government has appealed that decision.
During her daily news briefing, Jen Psaki, the White House press secretary, said the DOJ is already reviewing the latest decision. She also noted that the moratorium greatly benefits struggling renters during the global health crisis, CNBC reported.
Psaki added that they recognize the importance of the eviction moratorium for Americans who have fallen behind on rent during the pandemic.
According to Psaki, a recent study estimates that there were 1.5 million fewer evictions filed during 2020 than the expected number due to the eviction moratorium.
Landlords' Perspective
Numerous landlords have criticized the policy and challenged it in courts. Landlords have argued that the moratorium made it impossible for them to make ends meet.
The president of the landlord advocacy group the National Apartments Association, Bob Pinnegar, praised the ruling, which he said reinforces just how far the CDC overstepped its authority.
He noted that the eviction moratoriums are dangerous, detrimental policies that harm housing affordability, housing providers, and their residents.
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WATCH: Federal Judge Throws Out Moratorium on Evictions - From Reuters
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