Appeals Court Rejects Landlords’ Pleas To End Eviction Moratorium

(Photo by John Moore/Getty Images)

Brianna Lyman News and Commentary Writer
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The 11th Circuit Court of Appeals rejected Wednesday landlords’ appeals to end the eviction moratorium, according to The Hill.

A group of landlords wanted to evict their tenants who had not paid rent and sued in September of 2020, according to the report. The case made its way to the 11th Circuit after a district court rejected the plaintiff’s plea for a preliminary injunction.

The court ruled Wednesday 2-1 the challengers did not show the landlords would likely suffer irreparable injury if the eviction freeze remained in effect, according to The Hill. The ruling means the Centers for Disease Control and Prevention’s (CDC) eviction moratorium can remain in effect through July, after which it is set to expire. Landlords are not allowed to evict tenants who skip rent payments during the moratorium.

The CDC issued the order temporarily halting residential evictions until 2021 to prevent the spread of coronavirus. Several people have challenged the suit, claiming the order amounts to an unconstitutional power grab by the government. Landlord Rick Brown sued in September arguing the order will cause him “significant economic damages” from unpaid rent.

PHOENIX, ARIZONA - OCTOBER 05: An apartment resident carries out a bag of clothing while being evicted for non-payment of rent on October 5, 2020 in Phoenix, Arizona. Thousands of court-ordered evictions continue nationwide despite a Centers for Disease Control (CDC) moratorium for renters impacted by the coronavirus pandemic. Although state and county officials say they have tried to educate the public on the protections, many renters remain unaware and fail to complete the necessary forms to remain in their homes. In many cases landlords have worked out more flexible payment plans with vulnerable tenants, although these temporary solutions have become fraught as the pandemic drags on. With millions of Americans still unemployed due to the pandemic, federal rental assistance proposals remain gridlocked in Congress. The expiry of the CDC moratorium at year's end looms large, as renters and landlord face a potential tsunami of evictions and foreclosures nationwide. (Photo by John Moore/Getty Images)

PHOENIX, ARIZONA – OCT. 05: An apartment resident carries out a bag of clothing while being evicted for non-payment of rent on Oct. 5, 2020 in Phoenix, Arizona.  (John Moore/Getty Images)

“CDC’s order is an unprecedented power grab that hurts hardworking people who have done nothing more than try to earn a living renting out their property,” counsel for Brown said. “If CDC can get away with such a brazen abuse, then federal power has no limits.”

The Biden administration extended the moratorium shortly after President Joe Biden took office, to continue through the end of March. The CDC then extended the moratorium through June, despite two federal judges ruling the moratorium was unconstitutional. (RELATED: Standoff With Man Who Refused Eviction, Threatened To Shoot Deputies Ends ‘Peacefully’ When SWAT Uses Force To Enter)

The Supreme Court rejected a request in June from the Alabama Association of Realtors who asked the moratorium be lifted.