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Monday, May 10, 2021 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...

The duplex on Raintree. (Google) Last Dec. 14, Dale Matejka, the landlord at 53B Raintree Place, a duplex in Palm Coast, issued a three-day notice to the tenants, Anthony Douglas Debolt and Jacquelyn Ruehle. They owed $2,137. They’d signed a lease in August 2019, agreeing to pay $1,395 a month in rent. By January 4, the unpaid bill had risen to $3,602. Matejka filed a formal eviction notice in county court. Florida had an eviction ban in effect because of the coronavirus pandemic. But it expired last October. Some federal protection may still be in effect, however: On September 1, the Cente...

To embed, copy and paste the code into your website or blog: On February 25, 2021, the United States District Court in the Eastern District of Texas (“Texas Court”) granted summary judgment in favor of the plaintiffs in Lauren Terkel et al. v. Centers for Disease Control and Prevention et al.,[1] holding that a nationwide eviction moratorium issued by the Centers for Disease Control and Prevention (“CDC”) to mitigate the spread of COVID-19 exceeded the constitutional authority granted to the CDC. On September 4, 2020, the CDC issued an order, the Temporary Halt in Residential Evictio...

CDC Cannot Halt Evictions As A Public Health Measure By Steven Gordon Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our weekly newsletters. Signing up for any of our section newsletters will opt you in to the weekly Coronavirus briefing. Sign up for our Appellate newsletter You must correct or enter the following before you can sign up: Email (NOTE: Free email domains not supported) Primary area of interest L...

To print this article, all you need is to be registered or login on Mondaq.com. On February 25, 2021, the United States District Court in the Eastern District of Texas ("Texas Court") granted summary judgment in favor of the plaintiffs in  Lauren Terkel et al. v. Centers for Disease Control and Prevention et al., 1 holding that a nationwide eviction moratorium issued by the Centers for Disease Control and Prevention ("CDC") to mitigate the spread of COVID-19 exceeded the constitutional authority granted to the CDC. On September 4, 2020, the CDC issued an order, the T...