BREAKING: Federal Judge Vacates CDC Eviction Moratorium

Published by The Washington Post | May 5, 2021
Court rules agency lacks legal authority to impose it

Many have been saying that the CDC had no authority to impose a nationwide eviction moratorium. Yesterday a federal judge agreed.

“The pandemic has triggered difficult policy decisions that have had enormous real-world consequences. The nationwide eviction moratorium is one such decision.” –Judge Dabney Friedrich

Judge Dabney Friedrich of the United States District Court for the District of Columbia entered an Order vacating the moratorium, ruling that the CDC overstepped its statutory authority.

The CDC issued an order in September barring landlords from evicting tenants for the nonpayment of rent, citing a 1944 public health law that gives the agency certain powers to prevent communicable diseases from crossing state lines. Congress and the Biden administration have since extended the ban, which was slated to expire June 30.

Friedrich appeared skeptical of the government’s position in a hearing last week.

“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,” Friedrich wrote. “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.”

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