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On Friday, a federal judge agreed to delay its implementation Ruling earlier this month Which lifted a nationwide freeze on evictions and granted a temporary reprieve to cash-strapped tenants.
The move allows the Centers for Disease Control and Prevention (CDC) to halt evictions as-is while the Biden administration appeals a judge’s decision on May 5.
at 10 pages of judgment On Friday, US District Court Judge Dabne Friedrich agreed to suspend her previous ruling, which overturned a nationwide freeze on evictions that federal health officials had placed amid the pandemic.
In granting emergency residency, Friedrich said the “CDC’s strong interest in controlling the spread of COVID-19 and protecting public health” outweighs other factors, including the potential loss of revenue for property owners.
Housing advocates praised the move.
Emily Penver, professor of law at Wake University, said. “This avalanche is still looming, but today, public health is better protected.”
The CDC order was issued in September as a public health measure, and is designed to mitigate the spread of the coronavirus by helping cash-strapped tenants stay home, rather than forcing them into homeless shelters or other crowded living spaces. The evacuation period was later extended until June.
Trump-appointed Friedrich wrote on Friday that delaying implementation of her previous ruling “will undoubtedly lead to continuing financial losses for landlords.” “But the size of these additional financial losses is outweighed by the ministry’s great interest in protecting the public.”
In its May 5 decision, Friedrich found that the CDC had exceeded its authority with a ban on temporary evictions.
The Biden administration’s appeal to this decision is pending before the U.S. Court of Appeals for the Capital Circuit.
A number of other judges across the country have ruled on the legality of the eviction bans, with landlords having a slight advantage in their loss winning record against the federal government.
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