DC District Judge Rules Nationwide Moratorium on Evictions is Beyond Authority of CDC

U.S District Judge Dabney Friedrich has ruled the CDC has exceeded its authority with the federal ban on evictions during the COVID response. [pdf ruling HERE]

The issue at the heart of the matter is one of private property rights.  As the judge stated: “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.”

(WASHINGTON) – Federal Judge Dabney Friedrich struck down on Wednesday the national eviction moratorium, potentially leaving millions of Americans at risk of losing their homes.

The Centers for Disease Control and Prevention has banned most evictions across the country since September. President Joe Biden extended that protection to renters until July. Some 1 in 5 renters across the U.S. are behind on their payments amid the pandemic, and states are scrambling to disburse more than $45 billion in rental assistance. (read more)

Judges in Ohio and Texas have previously ruled against enforcement of the ban based on property rights.  The federal government cannot block evictions for failure to make payments to private property owners.  The Washington Post reported that officials in the Treasury Department were “racing” to distribute COVID relief aid before eviction moratoriums were struck down; the Biden administration knew what they were attempting would be overturned by the courts.

In a related note….