U.S. District Court strikes down nationwide CDC eviction ban but DOJ appeals
May 17-23, 2021
By Daily Record Staff
A U.S. District Court judge for the District of Columbia on May 4 struck down the Centers for Disease Control and Prevention’s (CDC) nationwide eviction moratorium, saying it was unlawful and exceeded federal authority.
In her 20-page ruling, U.S. District Judge Dabney L. Friedrich of the District of Columbia said, “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.
After the ruling, the U.S. Department of Justice, under Attorney General Garland Merrick, immediately filed an appeal. The D.C. District Court then issued a temporary stay, meaning the CDC eviction ban stays in place until another hearing on the DOJ’s motion.
When the eviction moratorium under the Coronavirus Aid, Relief and Economic Security (CARES) Act expired, the CDC acting on behalf of the U.S. Department of Health and Human Services (HHS) and an executive order by former President Donald Trump, implemented its own eviction moratorium.
The CDC’s moratorium is broader than the CARES Act, according to attorneys Kenneth Franklin and Amelia (Amy) Huskins with Philadelphia-based Duane Morris LLP law firm. First, it applies to all residential rental properties nationwide, not just those receiving federal assistance. Second, it prohibits evictions based upon nonpayment of rent when, among other things, a tenant expects to earn less than $99,000 in income, would be homeless if evicted and is unable to pay full rent due to substantial loss of household income. Notably, the CDC moratorium does not purport to prohibit evictions based on other grounds, such as a tenant holding over after the expiration of a lease.
Prior to the expiration of the original CDC moratorium, Congress extended it by an additional 30 days. The CDC has since extended the moratorium itself twice, and the moratorium is currently set to expire on June 30. In addition, the Consumer Financial Protection Bureau recently gave the CDC’s moratorium even more teeth, implementing an interim final rule that took effect on May 3. Under that rule, debt collectors must provide written notice of the CDC’s eviction moratorium and may not misrepresent an individual tenant’s ineligibility for protection when the basis for eviction is nonpayment of rent.
At least six lawsuits have arisen around the country challenging the CDC’s moratorium in federal court. The Georgia and Alabama state Realtors associations, part of the National Association of Realtors (NAR), along with two housing providers and their property management companies, filed the lawsuit in defense of property owners around the country struggling to pay bills without rental income. NAR supported the lawsuit and, separately, helped secure nearly $50 billion in rental assistance provided by Congress last year to help tenants pay their bills, saying the ban was no longer needed.