A federal judge has overturned a nationwide eviction moratorium imposed last year to help Americans who have fallen behind on their rents due to the COVID-19 pandemic. According to US District Judge Dabney L. Friedrich of the District of Columbia, the federal government overreached in enacting the injunction.
Federal judge says CDC has no authority to impose nationwide eviction moratorium
"The court agrees that the COVID-19 pandemic is a major public health problem that has raised enormous problems for public health authorities and the country as a whole. The pandemic has prompted difficult strategic choices with far-reaching real-world implications. One such decision is the national eviction moratorium," Friedrich wrote in a 20-page ruling, as per USA Today.
According to Friedrich, the Centers for Disease Control and Prevention (CDC) does not have the power to enact a nationwide ban under the Public Health Service Act. Brian Boynton, acting assistant attorney general for the department's Civil Division, said that the Justice Department has issued a notice of appeal and respectfully disagrees with the decision.
The Biden administration is reviewing the ruling, said White House spokesperson Jen Psaki. She added that they understand the value of eviction moratorium for Americans who have fallen behind on their rent as a result of the pandemic.
Last spring, as part of the CARES Act, Congress enacted a 120-day eviction moratorium, providing compensation to American families and employers experiencing financial distress due to COVID-19. When the moratorium expired, the US Department of Health and Human Services, by the CDC, issued a federal eviction moratorium. On June 30, the current eviction van is set to expire.
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CDC asked to lift the eviction moratorium extension
A federal judge has ordered the CDC to lift a national eviction moratorium, arguing the department overstepped its jurisdiction by expanding it. The eviction moratorium was supposed to end next month, but the decision has thrown the deadline into doubt.
In Washington, a federal judge claimed the CDC's nationwide eviction ban exceeded the agency's jurisdiction and could be lifted by the deadline. The US Department of Health and Human Services, the CDC, and the Department of Justice appealed against the ruling.
"It would have very little real-world impact while it is being appealed," said Nick Norman of the Apartment Association of New Hampshire, WMUR via MSN reported. "We need to shift our attention away from eviction moratoriums and toward rental assistance." According to New Hampshire Legal Assistance staff, the appeals process could continue until the end of June.
In the meantime, they advise landlords who are facing foreclosure to seek assistance. Elliot Berry of New Hampshire Legal Assistance said that people should not be alarmed for starters because they have no idea how long it will take. People may ask for help by calling 211 or visiting a local community action group.
During her daily press briefing, Psaki assured reporters that the Department of Justice is evaluating the recent ruling. But that the ban has been a massive help to troubled landlords. Several tenants have protested the initiative and filed legal challenges, claiming that it has made it difficult for them to make ends meet.
Bob Pinnegar, president of the National Apartment Association, a landlord advocacy organization, said the decision confirms just how much the CDC overstepped their jurisdiction. "Eviction moratoriums are risky, counterproductive measures that threaten housing affordability, suppliers, and tenants," he stated, per NBC News.
