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IPFS News Link • Justice and Judges

Federal Appeals Court Finds CDC Eviction Moratorium Unlawful


Landlords argued that the moratorium amounts to unlawful government overreach that costs property owners $13-billion each month. The Supreme Court rejected a different case last month from landlords who were seeking to have the eviction ban lifted. -GEG

In a unanimous ruling, a three-judge panel of the Cincinnati-based 6th Circuit Court of Appeals agreed with a lower court that the agency had overreached with its eviction moratorium, which is set to expire at the end of July.

The CDC order, enacted in September 2020 and subsequently extended by Congress and President Biden, aims to protect tenants who would face overcrowded conditions if evicted.

But in its Friday ruling, the court rejected the CDC's two-pronged argument that the eviction freeze was within its authority, or that Congress authorized the measure after the fact as part of its COVID-19 relief legislation.

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