Federal judge strikes down CDC’s COVID-related national moratorium on evictions

Federal judge strikes down CDC’s national moratorium on evictions The CDC exceeded its authority by issuing a broad moratorium on evictions nationwide, a federal judge rules. California's moratorium remains intact. Los Angeles Times

A federal judge in Washington blocked a nationwide eviction moratorium the U.S. Centers for Disease Control and Prevention established as the COVID-19 lockdowns put millions of renters out of work during the last year.

In a ruling Wednesday, U.S. District Judge Dabney Friedrich said the agency exceeded its authority by issuing a broad moratorium on evictions across all rental properties. “The CDC order must be set aside,” the judge wrote in a 20-page opinion.

The ruling is a setback for the Biden administration, which has also seen its proposed freeze on deportations halted by a court. The White House is facing several other legal challenges, including on offshore drilling, on the Keystone XL pipeline permit and on COVID-relief legislation from Republican-led state attorneys general.

Renters have been protected against eviction by a patchwork of state and federal laws. That means in many places tenants who’ve fallen behind on rent are still covered by other measures.

The CDC moratorium, first enacted by President Trump and extended by Biden, was designed to prevent mass evictions in the face of a public health emergency that saw millions of Americans lose their jobs and fall deeper into debt. Officials also warned that ejecting swaths of renters during the U.S. winter would exacerbate the virus’ spread. ...

While government measures sought to prevent mass homelessness, there was no targeted help for mom-and-pop property owners who provide much of America’s affordable housing. For these landlords, mortgage, maintenance and tax bills have been piling up, putting them in danger of losing their property or being forced to sell to wealthier investors hunting for distressed deals. ...

Friedrich, a Trump appointee, isn’t the first judge to weigh in on the CDC moratorium.

In February, a federal judge in Texas ruled that the federal government’s power to regulate interstate commerce under the Constitution doesn’t give it the right to impose a moratorium on evictions. The U.S. appealed, arguing that the decision did not extend beyond the particular plaintiffs in that case. ...