August 04, 2021

CDC renews unlawful eviction moratorium

Washington, D.C.; August 4, 2021: Late yesterday, the Centers for Disease Control and Prevention issued a new moratorium on evictions, despite a half-dozen court opinions against the CDC and a warning by the Supreme Court that the agency was likely overstepping its authority.

“The new eviction moratorium is virtually identical to the previous moratorium—and it’s just as unlawful,” said Steve Simpson, a senior attorney at Pacific Legal Foundation, which represents landlords who are challenging the CDC’s eviction moratorium. “Landlords have the same right to earn a living as anyone, and it is grossly unfair to force them to shoulder the burdens of the pandemic.

“The new moratorium has nothing to do with disease prevention and everything to do with politics,” Simpson said. “Several courts have already ruled that the CDC lacks the authority to ban evictions. The Biden administration knows the moratorium is unlawful but is hoping it can continue to ban evictions before the courts have time to act. This cynical ploy shows the danger of a regulatory state that can act in defiance of both Congress and the courts. If we are truly interested in representative government and the rule of law, this unlawful action needs to stop.”

Pacific Legal Foundation filed two lawsuits against the CDC moratorium on behalf of landlords. One, Skyworks v. CDC, was the first lawsuit in the nation in which a court ruled that the CDC lacked statutory authority to enact the eviction ban.


Case Documents

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About Pacific Legal Foundation

Pacific Legal Foundation is a national nonprofit legal organization that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 14 victories out of 16 cases litigated at the U.S. Supreme Court.

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