ABSTRACT

Litigation of the CDC's Eviction Moratorium [August 2, 2021]   [open pdf - 709KB]

From the Document: "On August 1, 2021, the Centers for Disease Control and Prevention's (CDC's) order [hyperlink] imposing a nationwide, temporary federal moratorium on residential evictions for the nonpayment of rent expired [hyperlink]. The order was designed to prevent the further spread of Coronavirus Disease 2019 (COVID-19) by preventing [hyperlink] homelessness and overcrowded housing conditions that would result from evictions. [...] The eviction moratorium represented a broad federal inroad into what is traditionally [hyperlink] state and local governance of landlord-tenant law and an unprecedented use of a public health authority [hyperlink] for this purpose. A number of courts have addressed challenges to the CDC's legal authority to issue the order and reached conflicting conclusions on the order's legality. This Legal Sidebar analyzes the court decisions on the CDC's eviction moratorium order and examines ways in which Congress, if it determines that the CDC should be delegated such authority, might explore means to increase clarity regarding the CDC's legal authority to halt evictions in response to a pandemic in the future."

Report Number:
CRS Legal Sidebar, LSB10632
Author:
Publisher:
Date:
2021-08-02
Series:
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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