Federal Judge Lifts Nationwide Eviction Ban

Federal Judge Lifts nationwide eviction ban

A Federal judge has lifted the eviction moratorium that was ordered by the CDC and was scheduled to expire on June 30,2021.

This judgement is consistent with the D.C. Circuit precedent.

Federal Judge Full Ruling To Lift Nationwide Eviction Notice

The Court stated the following in it's ruling:

"The Court recognizes that the COVID-19 pandemic is a serious public health crisis that has presented unprecedented challenges for public health officials and the nation as a whole.  The pandemic has triggered difficult policy decisions that have had enormous real-world consequences.  The nationwide eviction moratorium is one such decision.   

It is the role of the political branches, and not the courts, to assess the merits of policy measures designed to combat the spread of disease, even during a global pandemic.  The question for the Court is a narrow one: Does the Public Health Service Act grant the CDC the legal authority to impose a nationwide eviction moratorium?  It does not.  Because the plain Case 1:20-cv-03377-DLF   Document 54   Filed 05/05/21   Page 19 of 2020 language of the Public Health Service Act, 42 U.S.C. § 264(a), unambiguously forecloses the nationwide eviction moratorium, the Court must set aside the CDC Order, consistent with the Administrative Procedure Act, see 5 U.S.C. § 706(2)(C), and D.C. Circuit precedent, see National Mining Ass’n, 145 F.3d at 1409.

CONCLUSION

For the foregoing reasons, the plaintiffs’ motion for expedited summary judgment is granted and the Department’s motion for summary judgment and partial motion to dismiss are denied.  A separate order consistent with this decision accompanies this memorandum opinion."