Ruling against CDC eviction ban won’t affect California

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A ruling by a Texas judge finding the CDC’s COVID-19 eviction ban to be unconstitutional won’t affect the various eviction moratoria in California.

The ruling by U.S. District Judge J. Campbell Barker concludes that the Centers for Disease Control lacked the Constitutional authority to ban residential evictions.

“The federal government cannot say that it has ever before invoked its power over interstate commerce to impose a residential eviction moratorium,” Barker wrote in a ruling Thursday, as reported by Bloomberg.

The authority to impose eviction moratoria rests with local and state governments, the judge concluded.

This means California’s statewide eviction moratorium, which Senate Bill 91 recently extended through June, will remain in effect without interference from the ruling in Texas. The ruling also will have no impact on eviction moratoria imposed at the city or county level.

A separate court case, however, may affect the eviction moratorium in the city of Los Angeles. Late last year, CAA filed a brief alleging that the city’s eviction ban violates the U.S. Constitution and puts landlords at risk of foreclosure and bankruptcy. That case is currently pending in the 9th Circuit Court of Appeals and is scheduled for oral argument on May 12.

As for the CDC order, it remains in place for now. Judge Barker declined to issue an injunction against the order, based on an understanding that the CDC would rescind the order if the judge ruled against it. The agency has, instead, appealed the ruling. According to a statement by the U.S. Department of Justice, the judge’s ruling “does not extend beyond the particular plaintiffs in that case, and it does not prohibit the application of the CDC’s eviction moratorium to other parties.”

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