A federal judge in Texas ruled late last month that the Center of Disease Control’s (“CDC”) eviction moratorium to let people stay in their homes despite their lost income during the coronavirus pandemic is unconstitutional. With millions of tenants throughout the United States behind on rent, this ruling could potentially have severe consequences for millions of people who are struggling to afford to put a roof over their head.
The CDC issued the first eviction moratorium in September 2020, which was ultimately extended through March 2021. The CDC recently extended the ban yet again through June 2021. The moratorium requires tenants to give landlords a signed document stating their income, and that they have experienced financial hardship, further tenant must make an effort to give landlord partial payments toward their rent.
John Barker, the U.S. District Judge, noted that eviction moratoriums have not been issued for previous disasters, such as the 1918 Spanish Flu pandemic, and therefore should not be issued due to the COVID-19 pandemic. In comparing the current pandemic to the Spanish Flu and the Great Depression, Judge Barker argued that the federal government cannot say it has previously invoked such power over interstate commerce to impose a residential eviction moratorium, and “the federal government has not claimed such power in our Nation’s history until last year.” Despite the fact that no pandemic has done as much damage to the United States within the last century, Judge Barker believed that the federal government simply cannot invoke powers for which there has been no previous precedent.
While the eviction moratorium has provided temporary relief for renters, once the moratorium is lifted, tenants will still owe the money they were unable to pay once their rent was stayed. As a result, there remains great uncertainty on how millions of Americans will recover from the COVID-19 pandemic, not just medically, but also financially.
If you would like more information regarding the CDC’s Pandemic Eviction Moratorium, and your rights as a landlord or tenant, contact the attorneys at Rock Fusco & Connelly, LLC.