NCLA sounds the alarm on extending the eviction moratorium.

 

                                       Rochelle Walensky

 

 WASHINGTON, DC, Aug. 3, 2021 --- Just minutes ago, CDC (Centers for Disease Control and Prevention) Director (Rochelle) Walensky officially extended the eviction moratorium, through Oct. 3. In a press release, the agency said the new order applies in "areas of high transmission" of Covid-19.

 In multiple lawsuits across the country, NCLA (New Civil Liberties Alliance) is arguing that the eviction moratorium far exceeds the constitutional and statutory limits of CDC’s authority.

 

 The agency’s radical and unprecedented interference with access to state courts has deprived Americans across the country of their constitutional right to resolve their legal disputes in court.  

Caleb Kruckenberg

 

NCLA released the following statements:

 

“After five members of the Supreme Court concluded that the existing eviction moratorium had no legal foundation, and Congress refused to grant the agency authority to impose a new order, the CDC has now claimed to discover new authority to act.

 

This is not how government should work, much less how 'laws' are written. If the CDC pushes forward the courts must swiftly shut down the agency’s lawless actions.”

 

— Caleb Kruckenberg, Litigation Counsel, NCLA

 Mark Chenoweth

“Reissuing the CDC eviction moratorium is unlawful, irrational, and will devastate mom-and-pop housing providers everywhere.

 

"NCLA will not stand for this. CDC never had legal authority to issue a nationwide eviction moratorium to. Nothing has changed. This is your unlawful administrative state hard at work.”

 

— Mark Chenoweth, Executive Director and General Counsel, NCLA

 

Last month, the U.S. Court of Appeals for the Eleventh Circuit rejected the request of Rick Brown of Virginia and other hard-hit housing providers across the country to put an end to the eviction moratorium issued by CDC.

Judy Pino 

 In a 2-1 decision in Brown, et al. v. CDC, et al., the panel affirmed the lower court’s refusal to enjoin CDC’s unlawful eviction moratorium.

 

 NCLA is carefully considering whether to appeal this adverse ruling to the U.S. Supreme Court or return to district court for trial.

 

NCLA also filed a class-action lawsuit, Mossman v. CDC, in the U.S. District Court for the Northern District of Iowa.

 

For more information, please visit the case pages for Brown v. CDC and Mossman v. CDC.  

 

CONTACT:

Judy Pino 

judy.pino@ncla.legal