Federal judge blocks CDC's nationwide moratorium on renter evictions

06 Mai, 2021, 03:17 | Auteur: Anatole Charbonneau
  • A broad coalition of tenants and housing rights organizers rally at Stanley Mosk Courthouse to protest eviction orders issued against renters in September 2020 in Los Angeles

"None of the federal court decisions are binding on state court judges that actually hear eviction cases".

U.S. District Judge Dabney Friedrich wrote in a 20-page opinion that the Centers for Disease Control and Prevention does not have the authority to enact such a sweeping moratorium, which many tenants associations and anti-homeless advocates have credited with preventing a wave of evictions during the pandemic.

The Biden Justice Department has already indicated it will appeal the ruling.

The case ruled on by Judge Friedrich was brought by the Alabama and Georgia Association of Realtors, in addition to property management companies.

The 20-page order issued by U.S. District Judge Dabney Friedrich says that the protection goes too far, saying "it is the role of the political branches, and not the courts, to assess the merits of policy measures created to combat the spread of disease".

The eviction moratorium "protects many renters who can not make their monthly payments due to job loss or health care expenses", Brian M. Boynton, acting assistant attorney general for the Justice Department's Civil Division, said in a statement announcing the department's decision to appeal the court ruling.

Ontario schools will offer online learning option for 2021-22 school year
The government said it will also keep measures, such as cohorting, in place as a way to prevent the spread of COVID-19 in schools. Ontario's $ 186 billion spending plan , the biggest in the history of the province, contains nearly no new education spending.

Ontario reports under 4,000 new COVID-19 cases for seventh straight day
Despite the uptick in cases, the province recorded a decrease in both hospitalizations and admissions to intensive care units. Health Canada is forecasting 3.1 million doses of the Pfizer-BioNTech vaccine will be shipped to Ontario in the month of May.

United Kingdom downplays reports of £400m payment for Zaghari-Ratcliffe's release from Iran
President Joe Biden's effort to rejoin the 2015 worldwide compact with Tehran to curb Iran's program to build a nuclear weapon. The prisoner swap deal with Washington also reportedly involved the unfreezing of $7 billion (€5.8 billion) in Iranian funds.

The government argued that this language gave the CDC authority to determine what measures are necessary to prevent contagion.

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. Other federal district courts have split on the issue.

But the U.S. Court of Appeals for the District of Columbia Circuit could now issue a stay, which would keep the CDC's eviction protections in place, for now.

Eric Dunn, the director of litigation for the National Housing Law Project, said most of the rent relief programs only started in late March and early April. Other courts have been divided over its legality, with some also finding the CDC exceeded its authority. "So clearly Congress thinks that the CDC has this authority". Wednesday afternoon, the Department of Justice confirmed they will appeal Friedrich's ruling. The Biden administration had continued it until June 30. "Our focus is now on the implementation of emergency rental assistance to support tenants who continue to suffer from the effects of the pandemic as soon as possible". Almost 4 million people in the US said they faced eviction or foreclosure in the next two months, according to the Census Bureau's Household Pulse Survey.

A spokeswoman for the Legal Aid Society of Cleveland, which represents tenants in many local eviction cases, said in an email that lawyers there have seen "first-hand how the CDC moratorium has halted the eviction of so many tenants and allowed them the time to access available rental assistance".

While the order did not cover all renters - it applied to individuals who earn less than $99,000 and couples making less than $198,000 - it was a way for many, still struggling amid the pandemic-driven economic downturn, to avoid homelessness.

Conseillé:



Populaire

New Covid-19 community case recorded in Sydney
The man, in his 50s, returned a positive result on Wednesday, meaning his case will be included in Thursdays numbers. New South Wales is on COVID-19 alert after a new case of the virus was detected in the community.

'Misunderstanding' in Jersey-France fishing row led to power threat
However Jersey's External Relations Minister, Senator Ian Gorst, insisted that there was no justification for such severe measures.

Canada's Alberta confirms death linked to AstraZeneca vaccine
However, do keep in mind that only bookings made after 12pm today are recognised. "The number of cancellations was rising".

United Kingdom announces £1 billion of trade with India
British estimates combined with data from the firms involved, showed the deals would create more than 6,500 jobs in Britain. The UK-India business community has demonstrated its strength over the last week in response to India's coronavirus surge.

Modi, Johnson launch Roadmap 2030 to boost India-UK partnership Tuesday
Some of the others on the list include the likes of biotech firm Global Gene Corp, TVS Motors and Goila Butter Chicken.

Rounds of strong to severe storms Tuesday
A series of strong storms and tornadoes swept across parts of the South, and weather is blamed in at least two deaths in Georgia. Threats with any of the storms that form tomorrow will be damaging wind gusts, heavy rain, isolated tornadoes, and hail.

At least 15 dead as metro overpass collapses in Mexico City
In March of a year ago , a collision between two trains at the Tacubaya station left one passenger dead, injuring 41 people. Thirteen people were killed and close to 70 people were injured, according to an early tally from government officials .

Attention travellers! European Union proposes reopening external borders
Non-vaccinated citizens of non-European countries would be allowed to visit as the health situation improves in their countries.

State COVID rate drops below 1.5% for 1st time since October
The May 19 reopening preempts the plan New York Mayor Bill de Blasio outlined just days ago to re-open his city fully on July 1. Andrew Cuomo announced that all capacity restrictions will be removed on businesses, including Broadway, starting May 19.

Colorado woman dies in apparent bear attack
A 250-pound, very aggressive male black bear with a fresh bullet wound to the rib cage was trapped and destroyed six days later. Department of Agriculture Wildlife Services also searched the area and found a female black bear with two young bears nearby.