On May 5, the U.S. District Court in Washington, D.C. issued a decision declaring the CDC Eviction Order unconstitutional. As covered in a previous post, that decision introduced uncertainty as to what steps landlords should take regarding tenants who have not paid their rent.
The Justice Department, on behalf of the CDC, has now filed an appeal, and the ruling has been temporarily stayed pending such appeal. The stay means that the ruling will not have any immediate impact on the CDC Eviction Order, which will remain in effect.
Landlords should continue following the same process they have been for the last few months and stay plugged in for further developments as the courts move forward. Landlords with questions about their process and compliance with the CDC Eviction Order should consult an experienced attorney.