Federal Judge Declares CDC Eviction Moratorium is Unconstitutional

Late Thursday night, U.S. District Court Judge John Barker, a federal judge from the Eastern District of Texas, ruled in the matter of Lauren Terkel et al. vs. Centers for Disease Control and Prevention (CDC) that the eviction moratorium contained in the CDC Order is unconstitutional.

Following the issuance of the CDC’s Order placing a moratorium on evictions, there have been several court challenges to the eviction moratorium; however, until the recent ruling, the district courts had ruled against the plaintiffs in those cases. Yesterday, however, the situation changed and the U.S. District Court for the Eastern District of Texas ruled in favor of plaintiffs this time. This case was brought on behalf of plaintiffs by the Texas Public Policy Foundation.

In his ruling, Judge Barker stated:

“The federal government thus claims authority to suspend residential evictions for any reason, including an agency’s views on “fairness…Reasonable minds may differ given the lack of “precise formulations.” But here, after analyzing the relevant precedents, the court concludes that the federal government’s Article I power to regulate interstate commerce and enact laws necessary and proper to that end does not include the power to impose the challenged eviction moratorium.”

Legal experts believe that there will likely be an appeal by the CDC which could stay this decision. As always, the Apartment Association of Greater Los Angeles will keep you apprised of this matter as it develops further.

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