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March 4, 2021
The Centers for Disease Control (CDC) moratorium on evicting renters impacted by the COVID-19 pandemic remains in effect in Arizona and across the U.S. despite a Texas Federal District Court judge s ruling that the protection is unconstitutional, according to the National Low Income Housing Coalition (NLIHC).
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The ruling by U.S. District Judge J. Campbell Baker in Terkel v. Centers for Disease Control & Prevention only applies to the specific plaintiffs in the suit and has no impact on other renters, said Cynthia Zwick, executive director of the anti-poverty organization Wildfire. The suit was not brought as a class action, meaning that the district court decision is not binding on any other landlords, tenants or courts.
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As the COVID summer of 2020 drew to a close, the Centers for Disease Control issued a nationwide moratorium on evicting tenants from residential properties, in an effort to promote public health and stem the tide of the pandemic. This CDC eviction moratorium went into effect on September 4
th, and applied to any eviction based on non-payment of rent due to unemployment or reduced income. The CDC created an affidavit for tenants to sign, and give to their landlords, as notice that the tenants are seeking protection under the moratorium.
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