A group of landlords are challenging the Centers for Disease Control and Prevention’s (CDC) new temporary eviction moratorium, calling the Biden administration’s action “nakedly political” and “unlawful” in a lawsuit filed in federal court.
“[T]he CDC caved to the political pressure by extending the moratorium, without providing any legal basis,” the emergency motion says. “In substance and effect, the CDC’s latest action is an extension of the same unlawful ban on evictions that has been in effect since September 2020.”
The new ban protects renters in places where the rate of COVID-19 is high. Evictions will resume when there is a decline in new infections.
House Speaker Nancy Pelosi praised the new initiative and President Joe Bidens leadership.
“Today is a day of extraordinary relief. Thanks to the leadership of President Biden, the imminent fear of eviction and being put out on the street has been lifted for countless families across America. Help is here,” Pelosi declared.
The Biden Administration says that the new policy will protect Americans and allow them to buy some time.
“Given the rising urgency of containing the spread of the Delta variant, the Biden Administration’s goal is to keep as many Americans safe and housed as possible, for as long as possible,” a White House official said to CBS News on Thursday.
“The CDC identified the legal authority and developed the requisite record for a new, targeted eviction moratorium — focused on counties with high or substantial case rates — to protect renters, and the CDC ultimately adopted that measure. The President has a deep respect for the rule of law, and we would direct any further questions to the Department of Justice.”
An estimate of 3.6 million Americans is facing eviction.
In a 5-4 decision on June 29, the Supreme Court allowed the previous moratorium to continue until its expiration on July 31. At that time, Justice Brett Kavanaugh said the CDC had gone beyond its legal power and that the imminent expiration was what motivated him to let it stand.