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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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