Eviction Moratorium Causes Judge To Contradict Herself

Eviction Moratorium Causes Judge To Contradict Herself

It’s not legal, but I’m not overturning it. That’s the message from the judge who fielded a lawsuit against the Center for Disease Control over their moratorium on evictions nationwide.

But US District Judge Dabney Friedrich made it clear she believes the ban is illegal, writing in her opinion that the court’s “hands are tied” by a higher court’s ruling keeping the ban in place.

Friedrich wrote she believes the new ban on evictions implemented by the CDC is similar to a version of the rule she had deemed illegal in May, and she added in her opinion that even though President Joe Biden’s administration “repeatedly” said it wouldn’t further extend the moratorium given a June extension, but this effectively does so anyway.

Still, she agreed to keep the ban in place in May to prevent a wave of COVID-19 cases.

And landlords are just supposed to keep eating the losses even if their tenants don’t actually have COVID.

Oh, hey, that’s fair.

The eviction ban was initially announced on September 4, to take effect for the rest of 2020. On his first day in office, Biden extended the order through June 30 to aid tenants struggling through the pandemic’s financial fallout. In May, Friedrich wrote that the CDC did not have the authority to impose a nationwide eviction ban, saying the ban was among “difficult policy decisions that have had enormous real-world consequences” in the pandemic, but ultimately the CDC could not overrule property rights.

In June, The Supreme Court ruled 5-4 to keep the moratorium in place and it was extended an additional month, through July. Its expiration at the end of that month prompted outrage from Democrats who argued that renters still needed pandemic relief.

What renters need is a job. There are help-wanted signs up all over the country.

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