A&B ABstract: On February 25, 2021, Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas entered a declaratory judgment that the nationwide eviction moratorium ordered by the U.S. Centers for Disease Control and Prevention (“CDC”) in response to the COVID-19 pandemic is invalid under Article I of the U.S. […]
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Federal Court Dismisses Lawsuit Challenging Minnesota Eviction Moratorium
A&B ABstract: A federal district court dismissed a lawsuit filed by two landlords who sought to invalidate the Governor of Minnesota’s moratorium on evicting residential tenants for failure to pay rent during the pandemic. The Eviction Moratorium In an Executive Order dated March 23, 2020, Minnesota Governor Timothy Walz suspended landlords’ ability to file […]
Update: The Federal Moratorium On Residential Evictions Faces A New Class Action
A&B ABstract: The National Apartment Association, along with several landlords, has challenged the order of the Centers for Disease Control and Prevention (“CDC”) that imposed a nationwide moratorium on certain residential evictions. This lawsuit follows one we previously covered, and could have a major impact on the scope of federal power during the pandemic. Refresher […]
Pennsylvania Court Invalidates Statewide Pandemic Restrictions
A&B ABstract: In County of Butler v. Wolf, a federal court in Pennsylvania struck down as unconstitutional key aspects of the Pennsylvania Governor’s COVID-19 Emergency Order: limitations on the size of indoor gatherings and the “closure of all businesses that are not life sustaining.” The decision has been appealed, but the breadth of the court’s order […]
The Federal Moratorium On Residential Evictions Faces Constitutional Challenge
A&B ABstract: Landlords in Tennessee have challenged the order of the Centers for Disease Control and Prevention (“CDC”) that imposed a nationwide moratorium on certain residential evictions. If sustained, the challenge could have a major impact on the scope of federal power during the pandemic. Background of the Eviction Moratorium The CARES Act imposed a […]