Monday, March 18, 2024
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HomeProperty ManagementLeasingFederal judge rules CDC eviction moratorium is unconstitutional

Federal judge rules CDC eviction moratorium is unconstitutional

U.S. District Judge John Barker of Texas ruled last week the Centers for Disease Control and Prevention’s (CDC) eviction moratorium is unconstitutional, The Hill and other news outlets report. The order called for landlords to temporarily halt evictions during the COVID-19 pandemic.

Judge Barker ruled in favor of a group of landlords and property managers who alleged in a lawsuit that the CDC’s eviction moratorium exceeded the federal government’s constitutional authority.

“Although the COVID-19 pandemic persists, so does the Constitution,” Barker wrote.

President Trump initially issued the CDC’s order in September, which essentially made it illegal for property owners to evict tenants who could pay their rent and had no options for affordable housing. Congress and President Biden extended the protections through March.

However, Barker ruled that Congress didn’t have the constitutional authority to give the CDC the ability to stop evictions across the country. The judge also said the CDC’s order “threatened to encroach on landlords’ rights under state law.” The ruling does not currently impact the states’ eviction moratoriums however, GlobeSt.com reports. Judge Barker also didn’t issue a preliminary injunction.

The Court’s Ruling

“The court’s order today holding the CDC’s interference with private property rights under the veil of COVID-19 serves as notice to the Biden administration that the Constitution limits government power,” said Kimberly Hermann, a lawyer with Southeastern Legal Foundation, one of the groups that represented the plaintiffs.

The Southeastern Legal Foundation expects Judge Barker’s ruling to be upheld. The Justice Department recently announced it will appeal the decision, however. Prosecutors filed a notice on February 27 saying the U.S. government would appeal the matter to the U.S. Court of Appeals for the Fifth Circuit.

Brian Boynton, acting assistant attorney general in charge of the Justice Department’s civil division, said prosecutors respectfully disagreed with Judge Barker’s decision and that it only applied to the parties in the CDC case, not broadly to others, ABC News reports.

“The CDC’s eviction moratorium, which Congress extended last December, protects many renters who cannot make their monthly payments due to job loss or health care expenses,” Boynton said. “By preventing people from becoming homeless or having to move into more-crowded housing, the moratorium helps to slow the spread of COVID-19.”

Joe Dyton can be reached at joed@fifthgenmedia.com
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