CDC eviction order ruled unconstitutional by US District Court in Washington DC



Yesterday, the United States District Court for the District of Columbia struck down the CDC Eviction Order as unconstitutional, ruling “[t]he CDC order must be set aside.” The Department of Justice intends to appeal this ruling. 

As with the other similar rulings across the nation striking down the CDC Eviction Order, there are questions regarding whether this ruling will have limited application to only the named plaintiffs or will apply nationwide, whether the ruling will be stayed pending the appeal, and whether the Iowa Supreme Court will modify its prior Implementation Orders regarding the CDC Eviction Order. Notably, this most recent ruling from the District of Columbia could potentially have broader application than the prior similar rulings. More details to follow in the upcoming days and weeks.

Next steps

Given the uncertainty of the situation, landlords should continue to assume the CDC Eviction Order applies in Iowa if they want to avoid possible violation of such order.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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