At least 2 lawsuits filed in federal court argue the national eviction moratorium issued by the CDC and the Trump administration is unconstitutional. Rental-housing officials have warned the order could have devastating effects on 'mom-and-pop' landlords.
At least two lawsuits filed in federal court argue that the national eviction moratorium issued by the U.S. Centers for Disease Control and Prevention and the Trump administration earlier this month is unconstitutional.
“Agencies have no inherent power to make law, and nothing in the relevant statutes or regulations gives CDC the power or authority to issue an eviction-moratorium order,” the organization said. Meanwhile, a group of property owners in a Tennessee filed a separate lawsuit in federal district court similarly arguing that the CDC’s moratorium is unconstitutional. This case claims that by issuing the order, the CDC has prevented landlords from accessing due process with respect to the properties they own.
“The CDC eviction moratorium will surely cause more economic harm than it prevents,” said David Howard, executive director of the National Rental Home Council, another industry trade group. “It puts renters in a position of having to pay back rent that they likely won’t have, while causing immediate hardship for property owners who have no means of carrying the costs of ownership.”
On this point, affordable-housing experts agree with the rental industry. “Rather than suing for the right to evict during a pandemic, landlords should be working with renters to ensure Congress provides at least $100 billion in emergency rental assistance to help renters avoid a financial cliff when the moratorium expires and to help landlords continue to operate their rental homes,” said Diane Yentel, president and CEO of the National Low Income Housing Coalition.
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