Another Federal Judge Rules Against the CDC’s Eviction Moratorium

BY  ON MAY 5, 2021

Another federal judge has ruled against the CDC’s nationwide eviction moratorium. According to The Hill, U.S. District Court Judge Dabney Friedrich vacated a nationwide freeze on evictions that was put in place by the federal government last year and recently extended to June 30th. Click here to read more.

The Hill says it was a a win for a coalition of property owners and realtors, who brought one of several challenges against the CDC’s eviction moratorium.  Indeed…

“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…”  Said Judge Dabney Friedrich in her ruling.

Charles Tassell

Charles Tassell, COO of the National Real Estate Investors Association, said “Denying access to courts is denying justice, and today justice has been reestablished for millions of property owners across this country.  Now, we call on the CFPB and FTC to withdraw their recently stepped-up enforcement of this unlawful edict.  US housing providers and their residents need to be able to get back working this crisis out together and stop this governmental interference and taking.”

Tassell further stated that “Unfortunately, the CDC’s eviction moratorium has hurt many people – especially those striving to provide quality affordable housing options.  Housing providers have been prevented from undertaking legitimate evictions & renovations, thus tying up clean & safe housing stock that is much needed by many Americans.  In addition, a lot of hardworking men & women in the building trades, landscaping, property management and even housing providers themselves have been deprived of legitimate income that has had a negative impact on their ability to provide quality housing options at all levels of affordability.”

(UPDATE 5/6/21)  Reuters is reporting that the U.S. Department of Justice sought an emergency order to put Friedrichs’s decision on hold.  However, Judge Friedrich only agreed to temporarily put her ruling on hold and then gave the landlord groups that challenged the moratorium until May 12 to file legal briefs opposing the delay. The Judge emphasized that she had not ruled on the merits of the government’s request.  Stay tuned…

(UPDATE 5/14/21)  The Hill is reporting that Judge Friedrich agreed to delay the enforcement of her ruling from earlier this month striking down a nationwide freeze on evictions.  The move allows the CDC’s eviction moratorium to remain intact while the Biden administration appeals her decision.


Click here to read the full story at

Click here to read Judge Friedrich’s rulling.


Further Stories & Updates (newsest at bottom):

“A Texas judge has ruled the CDC’s eviction moratorium during the pandemic is unconstitutional” at the Business Insider (2/25/21).

Federal Judge John Barker’s ruling – Real Estate Investing Today (2/25/21).

“Federal judge in Cleveland rules the CDC exceeded its authority in issuing the eviction moratorium” – (3/10/21).

The Pacific Legal Foundation – “Victory: Court sets aside the CDC’s ban on evictions” (3/10/21).

Department of Justice Issues Statement Regarding [Cleveland] Decision in Skyworks v. CDC (3/12/21)

Federal judge rules evictions can resume in west Tennessee – WMC-TV (3/16/21)

Federal Judge Mark S. Morris’ ruling – Real Estate Investing Today (3/16/21)

“Litigation to Successfully the CDC Eviction Moratorium” – Real Estate Investing Today (3/23/21)

“CDC Extends Eviction Moratorium Through June” – Real Estate Investing Today (3/29/21)

“Judge puts hold on ruling voiding U.S. moratorium on evicting renters” – Reuters (5/6/21)

“Appeals court rejects bid by landlords to resume evictions – The Hill (6/2/21)


Click here for information about the CDC’s eviction moratorium.

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  • Hamza Ashfaq
    published this page in Updates 2021-06-07 06:56:25 -0600