Federal Judge Vacates CDC Eviction Moratorium

Roetzel & Andress

On Wednesday, May 5, 2021, Judge Friedrich of the United States District Court for the District of Columbia, entered an Order vacating the CDC’s nationwide eviction moratorium order. In a related opinion, Judge Friedrich ruled that the Public Health Service Act did not grant the CDC the legal authority to impose a nationwide eviction moratorium—in short: the CDC overstepped its statutory authority in issuing the eviction moratorium order.

Many judges across the country have pointed to this CDC moratorium as a fatal impediment for landlords seeking to evict tenants who are in default under their leases. With this ruling, the floodgates are sure to open nationwide in landlord-tenant litigation.

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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