The 6th Circuit Court of Appeals in Cincinnati ruled on Friday that the Centers for Disease Control and Prevention (CDC) exceeded their authority when they temporarily suspended evictions.
In a unanimous ruling, a three-judge panel of the Cincinnati-based 6th Circuit Court of Appeals agreed with a lower court that the agency had overreached with its eviction moratorium, which is set to expire at the end of July.
The CDC established the eviction moratorium last September as the pandemic was causing havoc in the economy and the United States was facing widespread evictions. The agency warned that if tenants were evicted, it would create a public health crisis. The moratorium is due to expire at the end of the month.
“I think the real practical significance of this decision today is it puts the CDC in a box. They’re trapped right now,” Luke Wake, an attorney at the Pacific Legal Foundation, said. “If they had thought about renewing it, which was entirely likely that they would, now they’ve got the Sixth Circuit definitively agreeing with us that they didn’t have statutory authority and that if they did, it was a constitutional problem.”
In May, a federal judge agreed to keep the eviction moratorium in place while the Biden administration appealed the court’s decision that the moratorium was unlawful.
Landlords and property owners all over the nation were against the moratorium and sued the CDC. Recently, lawmakers criticized the amount of time that the government has taken to distribute $45 billion to distressed renters.