The order halting certain evictions for nonpayment of rent published by the Centers for Disease Control on September 4 is seeing its first legal challenge in court.

CDC Order

As we discussed previously, the CDC has ordered a moratorium on nonpayment of rent evictions of qualifying tenants who invoke the protections of the CDC order in response to concerns about the spread of COVID-19. 

Order Challenged in Federal Court

From the first announcement of the order, the legality of the CDC’s order was questioned, and on September 8, a Virginia landlord filed suit against the CDC. The suit was filed in U.S. District Court for the Northern District of Georgia where the CDC is headquartered. The landlord claims “CDC’s actions are not authorized by statute or regulation…and are an affront to core constitutional limits on federal power.”

Moving Forward

The landlord has requested that the court immediately suspend enforcement of the CDC order while the case proceeds to a final trial. A decision from the court could come as early as a few weeks or as long as a few months. Unless and until the court grants this request for a temporary injunction order, the CDC order remains in effect. Landlords should continue following the order as it stands, as discussed in our prior blog.