A federal judge rules against the Centers for Disease Control (CDC) implemented a September eviction ban, as they did not have any legal authority to enforce a nationwide freeze on evictions during the pandemic.

A group of landlords filed against the September eviction ban implemented by the CDC, claiming they are owed thousands in unpaid rent.

CDC argues that the sweeping freeze on evictions was within their power to control national commerce.

United States District Judge J. Campbell Barker disagreed in an order issued on February 25, where the act of evicting someone will not affect interstate commerce to let a federal agency enforce regulations.

The order notes that real estate is local, as it does not move across state lines, and eviction is within the property owner’s ownership interest.

Judge Barker took notice of the CDC’s assertion that it had the power as a federal entity to halt evictions.

That meant, if it was true, then the government can also control marriage and divorce, which were left to state and local authorities.

There were states and local governments that enacted moratoriums on evictions to help people stay in their homes, but these are not permanent and will expire, making the tenants worry as the pandemic drags on.

The order also relates that states have broad powers to protect the public interest, but it is only limited.

The CDC can enforce quarantine requirements to stop infected people from crossing state lines, but they cannot enforce an eviction freeze.

It is important to note that the judge rejected CDC’s argument in favor of the nationwide eviction moratorium; an injunction was not issued, giving signs that the agency will probably respect his decision.

Editor’s Note on Can’t Force Nationwide Eviction Freeze:

This article is published to inform you of the decision made by a Texas judge to overrule CDC’s Nationwide Eviction Freeze. 

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