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Robbing Peter to Pay Paul’s Rent Share The looming “eviction crisis” represents a dismal failure of government at nearly every level. The Centers for Disease Controls set renters and landlords alike up for failure when it imposed an unconstitutional eviction moratorium as a way to slow the spread of COVID-19 that has now been declared unlawful by federal courts in Texas, Ohio, and Tennessee. The state agencies in charge of distributing rent relief dollars have made things worse by failing to get the money to those who need it. And now the Justice Department is causing confusion by claiming incorrectly that the judgments setting aside the moratorium don’t apply generally that they only apply to the plaintiffs in the cases. ....
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 Evictions to Prevent the Further Spread of COVID-19[2] (the “Order”), under Section 361 of the Public Health Service Act, which was originally scheduled to expire on December 31, 2020 and was subsequently extended until March 31, 2021.[3] The Order was intended to mitigate the spread of COVID-19 within shared living spaces and the spread of the virus in between the States. Under the O ....
I. Case Overview On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). The provision at issue in Terkel is the prohibition against “the initiation of eviction proceedings for covered properties, defined as those participating in special federal programs or with specified federally backed loans.” 2 Though the initial 120-day moratorium lapsed on July 27, 2020, the CDC extended the moratorium until March 31, 2021. 3 The plaintiffs in this case, Lauren Terkel and the owners and managers of covered properties, wanted to initiate eviction proceedings against nonpaying tenants before the CDC’s extended moratorium date. Accordingly, the plaintiffs challenged the constitutionality of the eviction moratorium, seeking a declaration that the order exceeded Congress’s authority under Article I of the Constitution. ....
Update: CDC Nationwide Eviction Ban Faces Additional Challenge From Ohio Federal Court - Real Estate and Construction mondaq.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from mondaq.com Daily Mail and Mail on Sunday newspapers.
Update: CDC Nationwide Eviction Ban Faces Additional Challenge From Ohio Federal Court | Morrison & Foerster LLP jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.