Federal judge rules to leave CDC eviction moratorium in place

WASHINGTON (AP) — U.S. District Judge Dabney Friedrich denied a landlords’ request to put the Biden administration’s new eviction moratorium on hold, on Friday.

Judge Friedrich did make it clear she felt it’s illegal. She said her “hands are tied” by an appellate ruling the last time courts considered the evictions moratorium in the spring, as reported by the AP.

It is likely the Alabama landlords pushing against the moratorium will appeal the decision.

Friedrich wrote that the new temporary ban on evictions by the Centers for Disease Control and Prevention, that was imposed last week, is very similar to the version she ruled was illegal in May. However, this time Friedrich is bound by the ruling of the appeals court that sits above her, the U.S. Court of Appeals for the District of Columbia Circuit.

The AP reported that landlords are likely to seek Supreme Court involvement if the D.C. Circuit does not rule in their favor.

President Joe Biden acknowledged last week that there were questions about the moratorium’s legality but said a court fight over the new CDC order would buy time for the distribution of some of the $45 billion in rental assistance that has been approved but not used.

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