Judge: CDC exceeded authority in issuing eviction moratorium


CLEVELAND (AP) — A federal judge in Ohio has ruled that the Centers for Disease Control and Prevention lacked the authority to issue a nationwide moratorium on rental evictions, the second such ruling issued by a federal judge in two weeks.

U.S. District Judge J. Philip Calabrese, sitting in Cleveland, ruled Wednesday that the CDC went beyond what the federal Public Health Service Act allows it to do in ordering a halt to evictions. However, he did not grant an injunction that would have stopped the agency from enforcing the moratorium.

The ruling comes two weeks after U.S. District Judge J. Campbell Barker in the Eastern District of Texas determined that the moratorium was unconstitutional. The Justice Department is appealing that order.

The National Association of Homebuilders and a group of property owners from across northern Ohio had filed a federal lawsuit last October, claiming the CDC’s order was overreaching and arbitrary. The suit was one of several filed in federal courts across the country by property owners who have struggled financially because of the coronavirus.

The CDC eviction moratorium was signed in September by President Donald Trump and extended by President Joe Biden through March 31.