9
Journal
CDC-ISSUED EVICTION/
FORECLOSURE
MORATORIUM
TARGETED BY LAWSUITS
In early September, the CDC ordered a
halt on foreclosures and evictions through
the end of 2020. At the time, some pundits
predicted resistance, which is occurring in the
form of lawsuits, reported the Davis Brown
Law Firm on its blog.
According to the site, the legality of the
CDC's order has been in question since
the September 4 announcement, and by
September 8, a Virginia landlord had filed suit
against the CDC.
"e suit was filed in U.S. District Court
for the Northern District of Georgia where
the CDC is headquartered. e landlord
claims CDC's actions are not authorized by
statute or regulation … and are an affront to
core constitutional limits on federal power."
Forbes reported that the New Civil
Liberties Alliance (NCLA) has since
challenged the legality of the federal agency's
order. e National Apartment Association
(NAA) has just joined that suit.
e organizations have argued that the
CDC "encroached on private property rights"
and that "federal agencies do not have powers
to waive state laws," according to Forbes.
Members of the rental housing industry
told the news outlet that the moratorium
"undermines obligations to provide safe and
affordable housing." ey added that many
providers of rental homes are unable to pay
taxes, mortgages, insurance, and utilities due
to residents' nonpayment of rent.
e Davis Brown Law Firm noted that
court decisions could roll in as early as a few
weeks or as long as a few months. "Unless
and until the court grants this request for a
temporary injunction order, the CDC order
remains in effect," the lawyers wrote.
"Landlords should continue following the
order as it stands," they added.
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