Federal Judge Throws out CDC Nationwide Eviction Moratorium, Says Agency Has ‘no Legal Authority’ for It

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    • #421451
      RCW2020
      Participant
      • Total Posts: 522

      5 May, 2021 18:37

      A nationwide moratorium on evictions during the Covid-19 pandemic, recently extended through the end of June, goes beyond the legal authority of the Centers for Disease Control and Prevention (CDC), a federal district judge ruled.

      “The Court recognizes that the [Covid-19] pandemic is a serious public health crisis that has presented unprecedented challenges for public health officials and the nation as a whole,” Judge Dabney L. Friedrich wrote in her opinion on Wednesday. However, the moratorium is “unambiguously foreclosed by the plain language of the Public Health Service Act.”

      The original ban on evicting tenants for non-payment of rent was part of the CARES Act, passed in March 2020, but it was to last 120 days and apply only to rental properties whose occupants received federal assistance. After it expired, the CDC – acting through the Department of Health and Human Services – extended it to tenants of all rental properties across the US. It has been renewed several times since, with the current extension scheduled to expire on June 30.

      Several realtors and two trade associations filed the lawsuit against the moratorium in November 2020, arguing that the CDC exceeded its legal authority with the “arbitrary and capricious” decision that violated the Administrative Procedure Act (APA). The US Supreme Court invoked the APA in its June 2020 ruling to block the Trump administration from getting rid of the Deferred Action for Childhood Arrivals (DACA) program.

      https://www.rt.com/usa/522997-judge-eviction-moratorium-covid/

       

    • #421454
      Cold Mountain Trail
      Participant
      • Total Posts: 12,853

      Trump appointee.  Trinity, Oxford, Yale.

      “On May 8, 2017, President Trump announced his intent to nominate Friedrich to serve as a United States District Judge of the United States District Court for the District of Columbia, to a seat vacated by Reggie Walton who assumed senior status on December 31, 2015.[6][7] She was formally nominated on June 7, 2017.[8] On July 25, 2017, the Senate Judiciary Committee held a hearing on her nomination.[9] Her nomination was reported out of committee by voice vote on September 14, 2017.[10] On November 16, 2017, the U.S. Senate voted 93–4 to invoke cloture on Friedrich’s nomination.[11] On November 27, the Senate voted 97–3 to confirm her to the District Court.[12] She received her judicial commission on December 1, 2017…

      https://en.wikipedia.org/wiki/Dabney_L._Friedrich

    • #421600
      David the Gnome
      Participant
      • Total Posts: 3,033

      Sounds like a public health issue as well as an economic issue.  Given that the priority of the CDC is supposed to be public health – I am unsure as to how a judge can determine they lack that authority.  Of course, I don’t know all the particulars of the law there.

      The moratorium was still not going to be effective without a manner of making payment.  Eventually, if my understanding is correct, all of that “back-rent” will become due.

      Given that most Americans live paycheck to paycheck – it sounds like a disaster in the making.

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