Federal judge puts ruling on hold invalidating CDC’s nationwide eviction ban

(*This story was updated at 9:02 a.m. on Thursday, 5/6/21)

*Late Wednesday, a federal judge agreed to stay her ruling invalidating the U.S. Centers for Disease Control Prevention’s nationwide moratorium on evictions, according to published reports.

U.S. District Judge Dabney L. Friedrich agreed to temporarily stay her decision after the U.S. Justice Department asked her to put the ruling on hold while it appealed the ruling, Reuters reported. 

Reuters reported that Friedrich gave the groups challenging the moratorium until May 12 to file legal papers opposing the delay. The Justice Department will then have to respond within four days, Reuters reported.

Old story here:

A federal judge in Washington D.C. on Wednesday vacated a temporary order banning evictions nationwide amid the ongoing COVID-19 pandemic. 

In her ruling U.S. District Judge Dabney Friedrich, of the U.S. District Court for the District Columbia, said the federal Centers for Disease Control and Prevention didn’t have the power to impose a moratorium that kept millions of Americans in their homes as the pandemic raged across the nation.

The order, issued in September and extended by the Biden administration until June 30, blocked landlords from evicting tenants for nonpayment of rent. 

BREAKING: Federal judge vacates the CDC's temporary nationwide ban on evictions. Ruling comes as landlords seek to throw tens of thousands of cash-strapped renters from their homes amid the pandemic pic.twitter.com/AbKard4tlH

— John Kruzel (@johnkruzel) May 5, 2021

In her memorandum opinion, Friedrich wrote: “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.”

According to The Eviction Lab, a website housing nationwide eviction data, 332,123 evictions were filed by landlords across five states and 28 cities during the course of the COVID-19 pandemic. 

Philadelphia has recorded 5,054 evicting filings since March 15, 2020, 30 of which occurred in the last month. In Pittsburgh, 3,789 eviction filings have been reported with 108 originating in the last week, according to Eviction Lab data. 

Diane Yentel, president and CEO of the National Low Income Housing Coalition called the ruling “flawed,” in a series of tweets, Wednesday following the decision. 

The DOJ should immediately appeal the flawed ruling & Biden admin should continue to vigorously defend and enforce the moratorium, at least until emergency rental assistance provided by Congress reaches the renters who need it to remain stably housed.

— Diane Yentel (@dianeyentel) May 5, 2021

Anthony Coley, director of public affairs for the United States Department of Justice confirmed Wednesday that the department has filed a notice of appeal to the D.C. Circuit Court of Appeals. 

Confirming: The U.S. Department of Justice has filed a notice of appeal to the DC Circuit of this morning’s ruling vacating the CDC’s eviction moratorium. Also we seek a stay of the decision, pending appeal.

— Anthony Coley (@AnthonyColeyDOJ) May 5, 2021

The ruling can be read in its entirety here:

Alabama Association of Realtors Et Al v. United States Department of Health and Human Services by jmicek on Scribd