Federal Judge Rules CDC Has No Authority to Grant Eviction Moratorium

United States District Court Judge Dabney Friedrich said the Public Health Service Act does not give CDC legal authority to impose the moratorium on eviction for non-payment.

“The Court recognizes that the COVID-19 pandemic is a serious public health crisis that has presented unprecedented challenges for public health officials and the nation as a whole. The pandemic has triggered difficult policy decisions that have had enormous real-world consequences. The nationwide eviction moratorium is one such decision,” said Friedrich.

The moratorium was first issued last year during the US’s economic fallout caused by the pandemic and was included in the March CARES Act passed by Congress.

The CDC expressed that it wanted to extend the eviction moratorium through its expiration on June 30 and has sought comment from the Justice Department after Friedrich’s ruling.

The CDC moratorium referenced a 1944 public health law that gives the agency certain powers to prevent communicable diseases from crossing state lines.

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