US appeals court refuses to end CDC’s eviction moratorium

A federal appeals court on Friday said a pause on evictions designed to curb the spread of the coronavirus can remain in place for now, setting up a battle before the nation’s highest court.

Posted: Aug 20, 2021 3:26 PM

WASHINGTON (AP) — A federal appeals court on Friday said a pause on evictions designed to curb the spread of the coronavirus can remain in place for now, setting up a battle before the nation’s highest court.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia rejected a bid by Alabama and Georgia landlords to block the eviction moratorium reinstated by the Centers for Disease Control and Prevention earlier this month.

The landlords plan to immediately file an emergency motion to the Supreme Court, said National Association of Realtors spokesman Patrick Newton.

“With a majority of the Supreme Court in agreement that any further extension of this eviction moratorium requires Congressional authorization, we are confident and hopeful for a quick resolution,” he said in an emailed statement.

In a short written decision, the panel said the appeals court had rejected a similar bid and a lower court also declined to overturn the moratorium.

“In view of that decision and on the record before us, we likewise deny the emergency motion directed to this court,” the judges said in the ruling.

The Supreme Court voted 5-4 in June to allow the moratorium to continue through the end of July. But Justice Brett Kavanaugh — who joined the majority — warned the administration not to act further without explicit congressional approval.

The Biden administration allowed an earlier moratorium to lapse on July 31, saying it had no legal authority to allow it to continue. But the CDC issued a new moratorium days later as pressure mounted from lawmakers and others to help vulnerable renters stay in their homes as the coronavirus’ delta variant surged. The moratorium is scheduled to expire Oct. 3.

As of Aug. 2, roughly 3.5 million people in the United States said they faced eviction in the next two months, according to the Census Bureau’s Household Pulse Survey.

The new moratorium temporarily halted evictions in counties with “substantial and high levels” of virus transmissions and would cover areas where 90% of the U.S. population lives.

The Trump administration initially put a nationwide eviction moratorium in place last year out of fear that people who can’t pay their rent would end up in crowded living conditions like homeless shelters and help spread the virus.

President Joe Biden acknowledged there were questions about the legality of the new eviction freeze. But he said a court fight over the new order would buy time for the distribution of some of the more than $45 billion in rental assistance that has been approved but not yet used.

In urging the appeals court to keep the ban in place, the Biden administration noted that the new moratorium was more targeted than the nationwide ban that had lapsed, and that landscape had changed since the Supreme Court ruling because of the spread of the highly contagious delta variant.

The landlords accused Biden’s administration of caving to political pressure and reinstating the moratorium even though it knew it was illegal.

“As the President himself has acknowledged, the CDC’s latest extension is little more than a delay tactic designed to buy time to distribute rental assistance,” their attorneys wrote in court documents.

A lower court judge ruled earlier this month that the freeze is illegal, but rejected the landlords’ request to lift the moratorium, saying her hands were tied by an appellate decision from the last time courts considered the evictions moratorium in the spring.

___

Richer reported from Boston.

Terre Haute
Cloudy
56° wxIcon
Hi: 59° Lo: 56°
Feels Like: 56°
Robinson
Mostly Cloudy
58° wxIcon
Hi: 60° Lo: 57°
Feels Like: 58°
Indianapolis
Cloudy
59° wxIcon
Hi: 60° Lo: 59°
Feels Like: 59°
Rockville
Cloudy
56° wxIcon
Hi: 57° Lo: 55°
Feels Like: 56°
Casey
Cloudy
54° wxIcon
Hi: 57° Lo: 54°
Feels Like: 54°
Brazil
Cloudy
56° wxIcon
Hi: 58° Lo: 55°
Feels Like: 56°
Marshall
Cloudy
56° wxIcon
Hi: 57° Lo: 54°
Feels Like: 56°
Cloud cover returns this afternoon.
WTHI Planner
WTHI Temps
WTHI Radar

WTHI Events

 

Illinois Coronavirus Cases

(Widget updates once daily at 7 p.m. CT)

Cases: 1675793

Reported Deaths: 27960
CountyCasesDeaths
Cook63468311202
DuPage1081271376
Will912621126
Lake800101085
Kane68370871
Winnebago41041560
Madison40087596
St. Clair36272596
McHenry34708329
Champaign26998197
Peoria26928368
Sangamon25754285
McLean23012218
Tazewell20647330
Rock Island18854361
Kankakee17910248
Kendall16203113
Macon15305250
LaSalle15030287
Vermilion14371199
Adams13156152
DeKalb12152133
Williamson12054174
Whiteside8297183
Jackson808694
Boone794383
Coles7888124
Ogle756887
Grundy738086
Franklin7330115
Knox7286169
Clinton7124102
Macoupin6951105
Marion6918143
Henry663777
Effingham660299
Jefferson6550143
Livingston597698
Stephenson584592
Woodford576892
Randolph5553100
Christian533682
Fulton526976
Monroe5246103
Morgan5076100
Logan495074
Montgomery491681
Lee478660
Bureau442691
Saline433869
Perry433275
Fayette430664
Iroquois421577
McDonough373761
Shelby347748
Jersey335653
Lawrence332533
Crawford332430
Douglas327337
Union306548
Wayne304063
White279833
Richland279557
Hancock274135
Cass266230
Clark265740
Pike264558
Clay258754
Edgar258049
Bond256925
Warren244066
Ford243959
Carroll236438
Moultrie234533
Johnson228131
Wabash217319
Jo Daviess216029
Massac215550
Mason214252
Washington212228
De Witt205530
Greene205340
Mercer204336
Piatt201614
Cumberland190026
Menard172213
Jasper161221
Marshall141321
Hamilton134022
Schuyler107710
Brown106510
Edwards104018
Pulaski103911
Stark81628
Gallatin7878
Alexander71912
Scott7136
Henderson70314
Calhoun6922
Hardin60116
Putnam5654
Pope5526
Unassigned1702433
Out of IL160

Indiana Coronavirus Cases

(Widget updates once daily at 8 p.m. ET)

Cases: 1003647

Reported Deaths: 16423
CountyCasesDeaths
Marion1351072116
Lake661851159
Allen57674800
Hamilton46217464
St. Joseph44210611
Elkhart35807508
Vanderburgh32162480
Tippecanoe27859258
Johnson25007444
Hendricks23795357
Porter22856365
Madison18694408
Clark18505252
Vigo17393303
Monroe15218199
LaPorte15101250
Delaware15024261
Howard14681289
Kosciusko12260147
Hancock11682175
Bartholomew11548180
Warrick11270189
Floyd11059214
Wayne10946253
Grant10019219
Morgan9438176
Boone8891116
Dubois8249131
Dearborn819893
Henry8174152
Noble8003106
Marshall7891135
Cass7519121
Lawrence7433171
Shelby7171119
Jackson695889
Gibson6567115
Harrison646691
Huntington636899
Knox6360106
DeKalb628699
Montgomery6229109
Miami591498
Putnam577678
Clinton572171
Whitley563455
Steuben558976
Wabash5309103
Jasper527879
Jefferson509297
Ripley498686
Adams479775
Daviess4653114
Scott438473
Greene423596
Wells422588
Clay421360
White417364
Decatur4152102
Fayette405787
Jennings385961
Posey375844
Washington356150
LaGrange356078
Randolph343499
Spencer338743
Fountain333860
Sullivan327852
Starke315570
Owen313970
Fulton309167
Orange292663
Jay283445
Franklin265143
Perry264852
Rush260832
Carroll260633
Vermillion257254
Parke230426
Pike228443
Tipton227259
Blackford191841
Pulaski183157
Crawford159023
Newton156848
Benton150217
Brown145747
Martin138019
Switzerland134811
Warren120816
Union107016
Ohio84213
Unassigned0540