National Eviction Moratorium Invalidated by Federal Judge

WASHINGTON—A federal judge on Wednesday threw out a national eviction moratorium, saying the Covid-19 pandemic-relief measure exceeded the powers of the Centers for Disease Control and Prevention.

The CDC, citing public health grounds, had implemented the temporary halt on evictions, extending protections for millions of tenants who have fallen behind on their rent during the pandemic. But a series of conflicting lower court rulings has called into question the legality of the moratorium, creating uncertainty for landlords and tenants alike.

Wednesday’s ruling from Judge Dabney Friedrich, from the U.S. District Court for the District of Columbia, is the first to set aside the moratorium on a nationwide basis. The Justice Department had requested that any ruling only apply narrowly to the housing providers and Realtors associations who brought the case.

Judge Friedrich, a Trump appointee, said that while it was the role of the political branches of government to address the pandemic, current federal law on public health didn’t give the CDC broad authority to impose the moratorium.

“Because the plain language of the Public Health Service Act unambiguously forecloses the nationwide eviction moratorium, the court must set aside the CDC order,” Judge Friedrich wrote.