Ohio Judge Sides With Landlords, Says CDC’s Eviction Moratorium Was Unconstitutional


Font Size:

Ohio Judge J. Philip Calabrese ruled Thursday that the U.S. Centers for Disease Control and Prevention (CDC) overstepped by imposing a nationwide moratorium on evictions of certain tenants.

Calabrese, who was nominated by former President Donald Trump, sided with a group of landlords who had filed a complaint against the CDC, CNBC reported. (RELATED: Landlords, Housing Industry File Lawsuit Challenging CDC’s Eviction Ban)

The CDC and other pro-ban entities had previously argued that the moratorium was necessary to slow the spread of COVID-19. The Order, which was expected to expire Jan. 31, was extended by CDC Director Dr. Rochelle Walensky until Mar. 31, according to a statement.

Cabalrese’s ruling determined that the agency did in fact exceed its authority, but he did not issue an injunction that would prevent the CDC from further enforcing the moratorium, according to Fox News.

Texas Judge J. Campbell Barker ruled Feb. 25 that the CDC’s Order was unconstitutional, according to ABC News.

“This order could immediately result in a flood of evictions of struggling renters resulting in increased spread of, and potentially deaths from, Covid-19,” Diane Yentel, president and CEO of the National Low Income Housing Coalition, told CNBC.

The Justice Department is already appealing Campbell’s ruling, and Yentel asserts that it should do the same with regard to Judge Calabrese’s decision.