Federal Judge Rules CDC Eviction Moratorium Exceeded Authority

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In a victory for landlords, a federal judge in Ohio ruled Thursday that the U.S. Centers for Disease Control and Prevention exceeded its authority when it ordered a moratorium on evictions in connection with the coronavirus pandemic.

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The CDC’s order went beyond what the federal Public Health Service Act allows the agency to do in halting housing evictions, U.S. District Judge J. Philip Calabrese said.

He did not, however, grant an injunction that would have stopped the agency from enforcing the moratorium.

The Justice Department is appealing another ruling two weeks earlier in which an Eastern Texas judge said the order was unconstitutional.


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