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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.”
- ◦Politics
