By Paul Prater
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15 May, 2021
The CDC instituted a partial eviction ban on September 4, 2020, when Trump was in office. The CDC ban is still in place as of the time of this writing. This eviction ban has been widely misunderstood. It makes it a crime for landlords to remove individual tenants with limited or no housing alternatives who (a) expect to earn less than $99,000 in 2021 (or $198,000, for joint tax return filers); (b) were not required to report income in 2020; or (c) received a stimulus check last year under the Coronavirus Aid, Relief and Economic Security (CARES) Act. There are additional hurdles that a tenant must face and certain paperwork which must be completed. If you want to know more about how it works, you can refer to our article on Eviction in the Time of COVID. While it is not, and never has been a blanket ban, it has certainly caused much consternation to those who rent properties. On May 5, 2021, a Washington DC federal judge declared the ban unconstitutional. Part of his decision stated "[i]t 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.” You can read the opinion here . The Department of Justice immediately appealed the decision. This was not the first court to make this declaration. In February a Federal Court in Texas also struck down the CDC ban on similar grounds, stating that "[t]he court concludes that the federal government's… power to regulate interstate commerce... does not include the power to impose the challenged eviction moratorium." You can read the decision here . The Texas decision directly contradicts another Fifth Circuit decision out of Louisiana, which upheld the moratorium. It is one of several courts which have done so. There is currently a similar case working its way through the courts in New York. So where does that leave landlords right now? Unfortunately, likely in the same position. As these cases are being appealed, their rulings are stayed. Furthermore, it puts a landlord at risk to ignore the moratorium. Remember though, that contrary to common opinion there is not a blanket ban on evictions. Your best bet is to speak to an attorney who can assist with your eviction case, making sure you are in compliance with the law.