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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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