By Natalie DeCoste
On Wednesday, a federal judge struck down the nationwide eviction moratorium initiated by the Trump administration and extended by President Joe Biden through June.
Judge Dabney Friedrich of the U.S. District Court for the District of Columbia struck down the moratorium after plaintiffs in Alabama Association of Realtors v. HHS alleged that the moratorium exceeded the CDC’s statutory authority.
The U.S. District Court for the District of Columbia agreed with the plaintiff’s argument and found that the CDC overstepped its authority in the Public Health Service Act when it enacted the moratorium.
“In sum, the Public Health Service Act authorizes the Department to combat the spread of disease through a range of measures, but these measures plainly do not encompass the nationwide eviction moratorium set forth in the CDC Order. 6 Thus, the Department has exceeded the authority provided in § 361 of the Public Health Service Act, 42 U.S.C. § 264(a),” read the opinion.
The CDC had alleged that the moratorium was necessary to help prevent the spread of COVID-19. Because people can still be infected when they are asymptomatic, should these individuals be evicted and move into group living facilities, it would risk a mass outbreak. The district court acknowledged this reality but did not agree that those facts extended the agency’s authority.
“The fact that individuals with COVID-19 can be asymptomatic and that the disease is difficult to detect… does not broaden the Secretary’s authority beyond what the plain text of § 264(a) permits,” wrote the court in its opinion.
The decision could have a sweeping impact across America. According to the CFPB, roughly nine million households are behind on rental payments. It has also been reported that some 1 in 5 renters across the U.S. is currently struggling to keep up with rent payments amid the coronavirus pandemic. States are struggling to distribute the more than $45 billion in rental assistance allocated by Congress.
The Department of Justice immediately filed an appeal and requested an emergency stay on the order, pending a decision by the higher court.
“The Department of Justice respectfully disagrees with today’s decision of the district court in Alabama Association of Realtors v. HHS concluding that the moratorium exceeds CDC’s statutory authority to protect public health. In the department’s view, that decision conflicts with the text of the statute, Congress’s ratification of the moratorium, and the rulings of other courts,” said Brian M. Boynton, Acting Assistant Attorney General for the Justice Department’s Civil Division.
Later on Wednesday evening, Judge Friedrich agreed to put her ruling on hold until May 12 to give landlords time to file legal papers opposing a longer delay. She also made it clear that the move was not a reflection of the “merits” of the government’s request.
The impacts of this decision are still unclear. The ruling is not necessarily binding to state housing court judges, who rule on eviction orders. Additionally, two other federal courts have upheld the moratorium, adding to the confusion.
“Several court rulings have attempted to strike down the moratorium, but all had limited application. While this ruling is written more starkly than previous ones, it likely has equally limited application, impacting only the plaintiffs who brought the case,” said Diane Yentel, president and CEO of the National Low Income Housing Coalition, on the potential impact of the decision.
