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Another Federal Judge Rules Against the CDC’s Eviction Moratorium

Another Federal Judge Rules Against the CDC’s Eviction Moratorium

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.  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.”

Click here to read the full story at thehill.com.

Click here to read Judge Friedrich’s rulling.

 

Further stories:

“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” – Cleveland.com (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)

 

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

 

The post Another Federal Judge Rules Against the CDC’s Eviction Moratorium appeared first on Real Estate Investing Today.

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