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D.C. Circuit Invalidates CDC Eviction Moratorium - Real Estate and Construction


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At the beginning of the COVID-19 pandemic, the federal
government, along with various states, counties and municipalities,
enacted legislation and rules regarding residential evictions. On
the federal level, Congress initially passed the Coronavirus Aid,
Relief and Economic Security Act (CARES Act), which included a
120-day eviction moratorium that applied to all rental properties
that received federal assistance.
Within the first week of May alone, the laws on eviction
moratoriums have been upended in many different directions, and the
current status of these laws is unclear at best. ....

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US Files Brief in 5th Circuit Supporting District Denial of Injunction for Landlords in Eviction Moratorium Challenge


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The United States agency defendants in one case challenging the Centers for Disease Control and Prevention (CDC) eviction moratorium filed an appellee brief in the Fifth Circuit on Wednesday, arguing that the Western District of Louisiana did not abuse its discretion in denying a landlords’ request for a preliminary injunction to allow evictions to continue.
The district court on Dec. 22 denied the injunction request by plaintiffs Chambless Enterprises LLC and Apartment Association of Louisiana Inc. and, on Monday, granted a motion to stay that denial by the defendants CDC officials Rochelle Walensky and Sherri Berger, Department of Health and Human Services (HHS) Secretary Xavier Becerra, Attorney General Merrick Garland, and both the CDC and HHS pending the plaintiffs’ appeal in the Fifth Circuit.  ....

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Department of Justice Appeals Federal Court's Decision on Constitutionality of COVID-19 Eviction Moratorium | Bilzin Sumberg


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. ....

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Two Federal Judges Declare CDC COVID-19 Eviction Moratorium Unenforceable | Holland & Knight LLP


Highlights
Federal judges in Texas and Ohio declared unenforceable a September 2020 order issued by the U.S. Centers for Disease Control and Prevention (CDC) that prohibits certain residential evictions because of COVID-19 through March 2021.
The U.S. District Court for the Eastern District of Texas found that while there may have been a public health benefit, the residential eviction moratorium was not economic in nature, was too attenuated from interstate commerce and was an unprecedented exercise of federal government authority in an area well within the scope of the states traditional police power.
The U.S. District Court for the Northern District of Ohio found that the CDC s order exceeded the agency s statutory authority to make and enforce regulations to stop the spread of communicable diseases between states because that authority was limited to actions to address infected animals, objects or properties. ....

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CDC Cannot Halt Evictions As A Public Health Measure


CDC Cannot Halt Evictions As A Public Health Measure
By
Steven Gordon
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Law360 (March 16, 2021, 5:10 PM EDT) ....

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