Katherine Welles - stock.adobe.com
On March 10, a federal court in Ohio ruled that the CDC lacked the authority to enact its recent national eviction moratoriums. This is the second federal court in a matter of weeks to determine the CDC’s Order to temporarily halt evictions was not properly issued.
As we reported late last month, a federal court in Texas found that the Order failed on constitutional grounds and exceeded the federal government’s power to regulate interstate commerce. This case did not address those constitutional questions and instead looked specifically at “whether Congress has authorized the CDC to adopt a nationwide eviction moratorium.”
The CDC relied on the Public Health Service Act to issue its Order. But the court ruled that “[t]he most natural and logical reading of the statute as a whole does not extend the CDC’s power as far as Defendants maintain. Such a broad reading of the statute, … would authorize action with few, if any, limits ... It would also implicate serious constitutional concerns, which Plaintiffs did not raise here”. Ultimately, the court said “[t]he eviction moratorium in the CDC’s orders exceeds the statutory authority Congress gave the agency.”
Despite these rulings, the CDC Order remains in effect and apartment providers should continue to consult with their counsel about how best to proceed on matters relating to evictions. NMHC continues to call for an end to open-ended eviction moratoria across the country. We believe they fail in their purpose of addressing renters’ underlying financial distress and, in fact, jeopardize the stability of housing providers and the broader housing market. Instead, we will continue to work with lawmakers to emphasize the importance of distributing meaningful rental assistance that will allow apartment residents and housing providers to weather the ongoing crisis.
Staff Resource
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