The judge decided to temporarily maintain the national eviction moratorium after an appeal filed by Biden Administration
Photo: ANGELA WEISS / AFP / Getty Images
Saturday, November 16
Judge suspends a decision that would have ended the ban on evictions in the United States.
A federal judge who recently decided to end a eviction moratorium nationwide established by the Centers for Disease Control and Prevention (CDC) due to the coronavirus outbreak, has then left its order on hold.
But with almost 7 million households behind on rent and a notice of appeal from the Department of Justice, the same judge suspended the application of her order.
On May 5, US District Judge for the District of Columbia Dabney L. Friedrich sided with the Association of Realtors of Alabama , which argued that the CDC did not have the authority to prevent landlords from evicting tenants during a pandemic and ruled that the federal government went too far in enacting the ban.
The suspension of his own order, issued by the federal judge District Dabney L. Friedrich on Wednesday night, occurred after the Department of Justice filed an emergency appeal in the case.
Administrative suspension means that there will be no immediate impact on the ban on eviction for non-payment of rent, which was extended in March until the end of June this year.
The judge said that when issuing the suspension of eviction it was not based on the merits of the Department of Justice appeal, but is intended to give the court time to consider that motion and any potential opposition.
“The court recognizes that the COVID pandemic – 19 is a serious public health crisis that has presented unprecedented challenges for public health officials and the nation at large, ”Friedrich wrote in a decision by 20 pages. “The pandemic has triggered difficult political decisions that have had huge consequences in the real world. The nationwide moratorium on evictions is one of those decisions. ”
But the Centers for Disease Control and Prevention does not have the authority under the Service Act. Public Health to impose a national moratorium, said Friedrich and acknowledged that the owners continue struggling with non-payment of rents, but that “the magnitude of these additional financial losses is outweighed by the great interest of the department in protecting the public.”
Notice from the Department of Justice suspending the ruling
The Department of Justice said it “respectfully disagrees” with the ruling and has filed a notice of appeal, explained Brian Boynton , Acting Deputy Attorney General of the Department’s Civil Division, at a statement .
“The moratorium CDC eviction… protects many tenants who are unable to make their monthly payments due to job loss or health care expenses. Scientific evidence shows that evictions exacerbate the spread of COVID – 19, which has already killed more than half a million Americans, and the harm to the public that would result from uncontrolled evictions cannot be undone ”, Boynton said.
The Justice Department has also asked the judge to prevent the judgment from taking effect until the appeals process is complete.
In a motion filed Wednesday night, the agency argued that suspending the ruling would prevent evictions that could cause the spread of COVID – 19.
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