Judge voids U.S. moratorium on evicting renters during pandemic

Judge voids U.S. moratorium on evicting renters during pandemic thumbnail - Financial Markets Worldwide

Please try another search

Economy58 minutes ago (May 05, 2021 04: 21PM ET)

Judge voids U.S. moratorium on evicting renters during pandemic© Reuters. FILE PHOTO: A “For Rent” sign is posted outside a residential home in Carlsbad, California, U.S. on January 18, 2017. REUTERS/Mike Blake

By Jonathan Stempel

(Reuters) – A federal judge on Wednesday threw out the U.S. Centers for Disease Control and Prevention’s nationwide moratorium on evictions, a setback for the millions of Americans who have fallen behind on rent payments during the coronavirus pandemic.

U.S. District Judge Dabney Friedrich said that while there was “no doubt” Congress intended to empower the CDC to combat COVID-19 through a range of measures such as quarantines, a moratorium on residential evictions was not among them.

Friedrich cited the “plain language” of a law called the Public Health Service Act, which governs the federal response to the spread of communicable diseases, even while acknowledging that the pandemic is “a serious public health crisis that has presented unprecedented challenges for public health officials and the nation.”

The U.S. Justice Department said it is appealing, and will seek an emergency order to put the judge’s decision on hold.

Evictions “exacerbate the spread of COVID-19,” and the moratorium “protects many renters who cannot make their monthly payments due to job loss or healthcare expenses,” Brian Boynton, acting assistant attorney general for the department’s civil division, said in a statement.

The White House has estimated that one in five renters were delinquent on payments by January, while the CDC has said more than 4 million adults who were behind feared imminent eviction.

Friedrich’s decision benefits the many landlords struggling to pay their own bills because they are unable to collect rent from tenants.

The CDC moratorium began last September and was scheduled to lapse on June 30. Other courts have been divided over its legality, with some also finding the CDC exceeded its authority. Friedrich, an appointee of former President Donald Trump, was the first to formally block the eviction ban.

At least 43 states and Washington, D.C., have also temporarily halted residential or business evictions, though the protections are far from uniform.

Landlords and real estate groups that challenged the moratorium in court said the CDC lacked the power to impose it, and unlawfully took away their right to deal with delinquent tenants.

A separate eviction and foreclosure moratorium for federally financed housing from the U.S. Department of Housing and Urban Development is due to expire on June 30.


The CDC began the moratorium during Trump’s presidency and it was extended three times, most recently in March under his successor Joe Biden.

It covered renters who expected to earn less than $99,000 a year, or $198,000 for joint filers, or who reported no income, or received stimulus checks. Renters also had to swear they were doing their best to make partial rent payments, and that evictions would likely leave them homeless or force them into “shared” living quarters.

The National Association of Realtors welcomed Friedrich’s decision, saying programs to help tenants pay rent, taxes and utility bills are preferable to the moratorium.

“With rental assistance secured, the economy strengthening and unemployment rates falling, there is no need to continue a blanket, nationwide eviction ban,” the group said.

The group has estimated that 40 million Americans were behind on rent in January, with $70 billion of missed payments by the end of 2020.

“We know eviction spreads COVID-19, we know it disrupts access to healthcare and we know it’s increasing health inequity among Black and Latinx people,” said Emily Benfer, a visiting law professor at Wake Forest University and expert on evictions. “The moratorium stops all of these harms.”

Congress approved $25 billion of emergency rental assistance in December and another $21.5 billion in March.

Diane Yentel, president of the National Low Income Housing Coalition advocacy group, said the moratorium should stay in place at least until the assistance provided by Congress “reaches the renters who need it.”

Related Articles

Disclaimer: Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. All CFDs (stocks, indexes, futures) and Forex prices are not provided by exchanges but rather by market makers, and so prices may not be accurate and may differ from the actual market price, meaning prices are indicative and not appropriate for trading purposes. Therefore Fusion Media doesn`t bear any responsibility for any trading losses you might incur as a result of using this data.

Fusion Media or anyone involved with Fusion Media will not accept any liability for loss or damage as a result of reliance on the information including data, quotes, charts and buy/sell signals contained within this website. Please be fully informed regarding the risks and costs associated with trading the financial markets, it is one of the riskiest investment forms possible.

Read More

Learn More: business analyst salary, business synonym, business administration jobs, business near me, business hours, business development manager salary, my business course, business in spanish, business headshots, business first, business unit, business brokers near me, dbusiness, 2 business days, is business administration a good major, business horizons, 7 business days, business knowledge, business use case.

Leave a Reply

Your email address will not be published. Required fields are marked *