CDC Can’t Force Landlords to Provide Free Housing, Says Court

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by Elizabeth Nolan Brown
Reason.com

Court protects property rights. A nationwide eviction moratorium mandated by the Centers for Disease Control and Prevention (CDC) is outside the scope of the agency’s authority, a federal court ruled yesterday. The case (Skyworks Ltd. v. Centers for Disease Control and Prevention) upends the CDC’s September 4, 2020, ban on eviction actions against tenants who don’t pay rent.

The CDC order—which is different from the eviction moratorium issued by Congress that expired last July—was first imposed through December 31, 2020, and later extended through March 31, 2021. It declared that “a landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action shall not evict any covered person.” It did not extend to people being evicted for property damage or reasons other than not paying rent.

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