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Nationwide Eviction Ban Unconstitutional, Federal Judge Rules

A federal judge in Texas ruled that the Centers for Disease Control’s nationwide ban on apartment evictions is unconstitutional. U.S. District Court Judge John Barker’s ruling hinged on the question of whether the moratorium violated constitutional limitations and falls outside the federal government’s power to regulate interstate commerce.

The National Multifamily Housing Council noted that several other lawsuits contesting the CDC Order’s authority are still being considered. “Because the implications of this order are limited, apartment providers should continue to consult with their counsel about how best to proceed on matters relating to evictions,” according to NMHC.

NMHC said the ruling raises important questions about the federal role in evictions and the council continues to call for an end to such open-ended evictions. “We believe they fail in their purpose of addressing renters’ underlying financial distress and, in fact, jeopardize the stability of housing providers and the broader housing market.”

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About Paul Bubny

Paul Bubny serves as Senior Content Director for Connect Commercial Real Estate, a role to which he brings 13-plus years’ experience covering the commercial real estate industry and 30-plus years in business-to-business journalism. In this capacity, he oversees daily operations while also reporting on both local/regional markets and national trends, covering individual transactions across all property types, as well as delving into broader subject matter. He produces 15-20 daily news stories per day and works with the Connect team and clients to develop longer-form content, ranging from Q&As to thought-leadership pieces. Prior to joining Connect, Paul was Managing Editor for both Real Estate Forum and GlobeSt.com at American Lawyer Media, where he oversaw operations at both publications while also producing daily news and feature-length articles. His tenure in B2B publishing stretches back into the print era, and he has served as Editor in Chief on four national trade publications. Since 1999, Paul has volunteered as the newsletter editor of passenger rail advocacy groups (one national, one local).

  • ◦Politics
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