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CDC’s national eviction moratorium contested
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CDC’s national eviction moratorium contested

Judge rules against eviction moratorium. US Justice Department files appeal.

Where: United States

The Facts

▪ In 2020, the CDC issued a “Temporary Halt in Residential Eviction to Prevent the Further Spread of COVID-19” order under Section 361 of the Public Health Service Act.

▪ According to the order, “a landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action shall not evict any covered person.”

▪ On May 5, 2021, Federal Judge Dabney Friedrich declared a ruling against the eviction moratorium in the Alabama Association of Realtors vs. the United States Department of Health and Human Services case.

▪ As per the ruling, the Public Health Service Act does not give the CDC the legal right to order a national eviction moratorium.

▪ The Department of Justice issued a press release stating, “The Department of Justice respectfully disagrees with today’s decision of the district court in Alabama Association of Realtors v. HHS.”

▪ The Justice Department’s Acting Assistant Attorney General, Brian M. Boynton, said, “The department has already filed a notice of appeal of the decision and intends to seek an emergency stay of the order pending appeal.”

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