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COVID-19: Federal Judge Rules CDC Not Authorized to Issue Nationwide Eviction Moratorium | K&L Gates LLP


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A federal judge in Washington, D.C. has ruled that the Centers for Disease Control and Prevention (CDC) exceeded its authority in issuing a nationwide eviction moratorium aimed at protecting renters facing hardship in the wake of the COVID-19 pandemic.
In a twenty-page decision,
1 U.S. District Judge Dabney L. Friedrich recognized that COVID-19 has created a serious public health crisis with unprecedented challenges for public health officials but nonetheless found that the CDC did not have authority to impose a nationwide eviction moratorium under the Public Health Service Act (PHSA). ....

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Decision Striking CDC Federal Eviction Moratorium Temp Stayed


Wednesday, May 12, 2021
On May 5, 2021, the United States District Court for the District of Columbia (“DC Court”) vacated a nationwide eviction moratorium order issued by the Centers for Disease Control (“CDC”) to help mitigate the spread of COVID-19 in 
Alabama Association of Realtors, et al. v. United States Department of Health and Human Services, et al.
1 (the “Decision”).  The DC Court found that the CDC exceeded its authority in issuing such moratorium on nationwide evictions of rental properties and that the CDC Order should be set aside.  The Decision was immediately appealed by the Justice Department on behalf of the CDC and the ruling has been stayed pending such appeal. ....

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