CDC Eviction Order Suffers Setback
District Court Rules that Eviction Moratorium is Beyond CDC's Authority
Moratorium Remains in Effect During Appeal
On Wednesday, May 5, U.S. District Court for the District of Columbia issued a decision that held that the Center’s for Disease Control exceeded its authority in issuing its eviction moratorium. Specifically, the Court held that the “Public Health Service Act authorizes the Department to combat the spread of disease through a range of measures, but these measures plainly do not encompass the nationwide eviction moratorium set forth in the CDC Order.” As a result, the District Court ruled that the order and its nationwide applicability must end.
Following the decision, the U.S. Department of Justice filed an appeal of the District Court’s decision and requested a stay in its application. The stay was granted D.C. Circuit Court of Appeals and is expected to remain in effect until at least the Court decides the case on appeal. The CDC moratorium remains in effect until at least the Court of Appeals renders its decision of the appeal, which could take weeks or even months. Meanwhile, the current CDC moratorium is set to expire on June 30, 2021.
The National Apartment Assocaition issued a statement on the District Court decision, AVAILABLE HERE.