Another Victory for Landlords on the Eviction Moratorium

[Joe Splitrock]

A federal judge in Cleveland has stated the federal government over reached its authority with the CDC eviction moratorium. The judge stated the federal government cannot exercise power that congress has not given them. The judge basically rules that Section 361 of the Public Health Service Act cited by the CDC does not give them broad power. Ruling stated:

"The most natural and logical reading of the statute as a whole does not extend the CDC's power as far as the Defendant's maintain. Such a broad reading of the statute and the term other measures in particular, would authorize actions with few, if any, limitations - tantamount to a general federal police power. It would also implicate serious constitutional concerns, which the Plaintiff's did not raise here."

The relief under the Administrative Procedure Act:

"Because the court determines the Act is unambiguous and, by issuing a nationwide eviction moratorium, CDC exceeded the authority Congress gave it in Section 361, the Court holds that the action is unlawful and sets it aside, as the APA requires."

The Plaintiff's received a declaratory judgement that determined the CDC exceeded its authority in the eviction moratorium. The court didn't go as far as granting an injunction on the CDC order. The wording implies the court didn't grant injunction because the Plaintiff didn't prove irreparable harm, because financial remedy was an option. It sounds like they are saying the Plaintiff could sue for financial relief. Maybe some lawyers on the forums could read the judgement and weigh in their opinions. Full text of the opinion and order:

https://drive.google.com/file/...