Landlords ask judge to lift new eviction moratorium

Groups representing landlords are asking a judge to lift the new eviction moratorium enacted by the Centers for Disease Control and Prevention (CDC).

The Alabama Association of Realtors, along with other groups, said in an emergency filing Wednesday that the CDC’s order is “unlawful” and was issued “for nakedly political reasons — to ease the political pressure, shift the blame to the courts for ending the moratorium, and use litigation delays to achieve a policy objective.” 

The groups also pointed to comments from President Biden, who said “the courts … made it clear that the existing moratorium was not constitutional; it wouldn’t stand.”

Biden earlier this week noted that while most experts say the moratorium is not likely to pass constitutional muster, “by the time it gets litigated, it will probably give some additional time” to renters.

“Whether that option will pass constitutional measure with this administration, I can’t tell you. I don’t know,” Biden said. “There are a few scholars who say it will, and others who say it’s not likely to. But, at a minimum, by the time it gets litigated it will probably give some additional time while we’re getting that $45 billion out to people who are in fact behind in the rent and don’t have the money.”

The Supreme Court ruled in June to allow the CDC to extend its original eviction moratorium until the end of July but said congressional approval would be needed for another extension.

The CDC did narrow the new eviction moratorium to only areas with high rates of COVID-19 transmission, but it still applies to 90 percent of the U.S. population. 

John Kruzel contributed to this report, which was updated at 9:36 a.m.