Federal Judge Strikes Down Landlord's Request to Lift Eviction Moratorium

By ShaCamree Gowdy Published: August 13, 2021

Federal Judge Strikes Down Landlord’s Request to Lift Eviction Moratorium

Tenants' rights advocate Danielle Willams demonstrates outside the Edward W. Brooke Courthouse, Wednesday, Jan. 13, 2021, in Boston. The protest was part of a national day of action calling on the incoming Biden administration to extend the eviction moratorium initiated in response to the Covid-19 pandemic. (AP Photo/Michael Dwyer)

By: BNC Digital Staff

Update 8/13/2021 12:34 p.m.

A federal judge Friday shot down a request from landlords to pause the recently implemented eviction moratorium, according to the AP.

U.S. District Judge Dabney Friedrich said that an appellate ruling in the spring about the moratorium means that her “hands are tied” on the case.

The Georgia and Alabama associations of realtors will likely file an appeal.

“The Supreme Court did not issue a controlling opinion in this case, and circuit precedent provides that the votes of dissenting Justices may not be combined with that of a concurring Justice to create binding law,” she wrote.

Update 8/5/2021 1:38 p.m.

A group of landlords asked a district court judge to lift the CDC’s newly placed eviction moratorium, according to multiple reports.

The Georgia and Alabama associations of realtors argued in an emergency filing that the moratorium was put in place “for nakedly political reasons — to ease the political pressure, shift the blame to the courts for ending the moratorium, and use litigation delays to achieve a policy objective” and that it was against the law, according to The Hill.

—

The Centers for Disease Control and Prevention issued a temporary moratorium on evictions on Tuesday, according to reports.

The new order, which is separate from the moratorium that expired over the weekend, lasts until Oct. 3 and covers areas that are currently experiencing “substantial” or “high” levels of COVID-19, CBS News reported.

The moratorium is said to cover 90% of the country’s population, sources told CBS.

“The emergence of the Delta variant has led to a rapid acceleration of community transmission in the United States, putting more Americans at increased risk, especially if they are unvaccinated,” CDC Director Rochelle Walensky said. “This moratorium is the right thing to do to keep people in their homes and out of congregate settings where COVID-19 spreads.”

The CDC’s extension is a temporary solution. President Joe Biden has called for Congress to pass legislation extending the moratorium.

House Speaker Nancy Pelosi encouraged her fellow Democrats to pass over $46 billion in emergency rental assistance, which has already been allocated by Congress.

Public health professionals have expressed concern that resuming evictions while the coronavirus is on the rise could cause more people to become ill and die unnecessarily.

As the eviction freeze ends, millions could lose their homes. Congresswoman Cori Bush slept on the Capitol steps to protest the ending of the eviction moratorium. Our #StartYourDay hosts share their thoughts. https://t.co/mpKQ1GrIAn pic.twitter.com/GNsJpq3CQn

— BNC (@BNCNews) August 2, 2021

Representative Cori Bush refused to accept that Congress could “leave for vacation while 11 million people faced eviction” and slept outside the Capitol Building for five days to protest the eviction moratorium’s conclusion and demand action.

“Today, our movement moved mountains,” she said in a tweet following the extension.

This is a developing story.