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Eviction Centers for Disease Control and Prevention (CDC) Constitutional Challenges

Whitman Legal Solutions, LLC

Cedar Point Nursery v. Hassid – A Labor Law Case That Could Affect Eviction Moratoriums

Like music, real estate isn’t just one thing. It’s a combination of many rights. This article discusses the bundle of rights that comprise real estate, how the United States Supreme Court’s June 23, 2021 ruling Cedar Point...more

Tucker Arensberg, P.C.

The CDC’s Eviction Moratorium Challenged Again, But Is It Different This Time?

Tucker Arensberg, P.C. on

As I explained in greater detail here, on May 5, 2021, the United States District Court for the District of Columbia determined in Alabama Association of Realtors, et al. v. United States Department of Health and Human...more

Mitchell, Williams, Selig, Gates & Woodyard,...

The New Eviction Moratorium Issued by the Biden Administration: Where Does It Leave Landlords and Property Owners Moving Forward?

On August 3, 2021, the Centers for Disease and Control issued an Order that temporarily halts evictions on the basis of failure to pay rent and is in effect through October 3, 2021. At its core, the Order was promulgated to...more

Burr & Forman

District of D.C. Vacates CDC Eviction Moratorium

Burr & Forman on

On September 4, 2020, the CDC issued a broad order temporarily halting evictions nationwide, citing the COVID-19 pandemic as its basis. 85 Fed. Reg. 55,292 (Sept. 4, 2020). The CDC determined that such a moratorium was...more

Eversheds Sutherland (US) LLP

Federal judge strikes down CDC’s national eviction moratorium

A Federal District Judge in the District of Columbia has vacated the CDC’s national residential eviction moratorium. While some other courts have also upheld challenges to the CDC’s moratorium, the rulings have typically been...more

Cadwalader, Wickersham & Taft LLP

COVID-19 Update: Decision Striking Down CDC Federal Eviction Moratorium Temporarily Stayed

On May 5, 2021, the United States District Court for the District of Columbia (“DC Court”) vacated a nationwide eviction moratorium order issued by the Centers for Disease Control (“CDC”) to help mitigate the spread of...more

Lowndes

Federal Judge Rules CDC Eviction Moratorium Unconstitutional

Lowndes on

On Wednesday, May 5, 2021, Judge Dabney Friedrich of the U.S. District Court for the District of Columbia ruled that the residential eviction moratorium was unlawful as it was beyond the authority of the United States Centers...more

Cohen Seglias Pallas Greenhall & Furman PC

Federal Judge Strikes Down CDC Eviction Moratorium as Unconstitutional

Relief from the CDC Moratorium may be on its way for landlords and property owners. On May 5, 2021, Judge Dabney Friedrich of the DC District Court set aside the Centers for Disease Control and Prevention (CDC) moratorium...more

Cadwalader, Wickersham & Taft LLP

Springing Forward, March 2021 | Issue No. 22 - COVID-19 Update: Federal Eviction Moratorium Struck Down

On February 25, 2021, the United States District Court in the Eastern District of Texas (“Texas Court”) granted summary judgment in favor of the plaintiffs in Lauren Terkel et al. v. Centers for Disease Control and Prevention...more

Bilzin Sumberg

Department of Justice Appeals Federal Court’s Decision on Constitutionality of COVID-19 Eviction Moratorium

Bilzin Sumberg on

On February 27, 2021, the Centers for Disease Control and Prevention (the “CDC”), the United States Department of Health and Human Services (the “HHS”), and the United States of America (collectively the “Government”)...more

Holland & Knight LLP

Two Federal Judges Declare CDC COVID-19 Eviction Moratorium Unenforceable

Holland & Knight LLP on

In Terkel v. Centers for Disease Control and Prevention, No. 6:20-cv-00564 (E.D. Tex. Feb. 25, 2021) and Skyworks, Ltd. v. Centers for Disease Control and Prevention, No. 5:20-cv-2407 (N.D. Ohio Mar. 10, 2021), groups of...more

Tucker Arensberg, P.C.

Eviction Moratorium - Landlords Remain Locked Out (for now)

As the COVID summer of 2020 drew to a close, the Centers for Disease Control issued a nationwide moratorium on evicting tenants from residential properties, in an effort to promote public health and stem the tide of the...more

Dentons

Department of Justice Appeals Texas Decision Striking Down CDC Eviction Order and Issues Statement

Dentons on

As discussed in a prior blog post, U.S. District Judge John Barker issued a February 25 decision, ruling that the CDC's Order temporarily halting certain evictions was unconstitutional, as it exceeded the federal government's...more

Rumberger | Kirk

Texas Federal Court Ruled Federal Government Has No Constitutional Power Over Foreclosures and Evictions

Rumberger | Kirk on

A federal court in Texas has ruled that the federal government has no constitutional power to prohibit real estate foreclosures and evictions pursuant to coronavirus legislation and regulation, calling into question whether...more

Dentons

Texas Judge Rules CDC Eviction Moratorium Unconstitutional

Dentons on

In the ruling, U.S. District Judge John Barker ruled in favor of the landlords and property managers who brought the lawsuit, ruling that the CDC's eviction moratorium exceeded the federal government's constitutional...more

Hogan Lovells

Coronavirus: The Hill and the Headlines, February 2021 # 19

Hogan Lovells on

In Washington: The House of Representatives was set to pass its $1.9 trillion pandemic relief package (H.R. 1319), late Friday night over solid Republican opposition. The passage is a key step toward giving President Joe...more

Troutman Pepper

National Apartment Association Claims Nationwide Foreclosure Freeze Is Unconstitutional

Troutman Pepper on

A recently filed lawsuit places renewed scrutiny on the constitutionality of the nationwide residential eviction freeze put in place by the Centers for Disease Control and Prevention (“CDC”) in response to the ongoing...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 18, 2020

This 18th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us return to what, even in these early days of the pandemic, must be considered as some of the hottest topics. Thus, we discuss new...more

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