U.S. Department of Justice Appealed Judges Ruling That Blocked Nationwide Eviction Moratorium Impose

As reported on Wednesday, a United States Federal Judge in Washington, D.C., in “Alabama Association of Realtors vs. HHS,” blocked the order from the Centers for Disease Control and Prevention that prevented housing providers from evicting tenants during the coronavirus pandemic.

Yesterday, the same judge, Judge Friedrich, granted the Dept. of Justice’s motion for an immediate stay of the Court’s order vacating the CDC Eviction Moratorium. This latest action was to avoid evictions while the government’s appeal is under consideration. This gives the Court time to consider the merits of Dept. of Justice’s appeal and the plaintiffs time to file any opposition to Dept. of Justice’s motion for stay.

The plaintiffs, Alabama Association of Realtors, now have until May 12, 2021 to file any opposition to the Dept. of Justice’s appeal motion. It is important to note that during this appeal period and until the District of Columbia Circuit Court issues its ruling, the CDC eviction order remains in effect.

As noted in our AAGLA News Alert on Wednesday, landlords within California have been largely unaffected by the CDC eviction moratorium due to much stricter regulations imposed locally and statewide under Senate Bill 91 (and its predecessor, Assembly Bill 3088). Whether Wednesday’s ruling ultimately “sticks,” it will not likely impact locally imposed eviction moratoriums nor lawsuits seeking to overturn these moratoriums because today’s ruling was primarily based upon the CDC overstepping its authority.

The Apartment Association of Greater Los Angeles is currently seeking to overturn the City of Los Angeles’ eviction moratorium and rent increase freeze that was imposed more than one year ago. YOU CAN HELP. Please give us the financial backing we need to win. Rental housing providers and other interested parties can help through making generous contributions to our Legal Fund at www.aagla.org/legalfund.