U.S. District Judge J. Campbell Barker ruled that the Centers for Disease Control and Prevention moratorium on evictions is unconstitutional. The ruling came in response to a Texas lawsuit filed by property managers and owners.
It is expected that the Department of Justice will appeal the ruling to the U.S. Court of Appeals for the 5th Circuit. It is unclear at this time how the Texas Supreme Court will adjust the emergency orders it put in place to carry out the eviction moratorium. The court may wait to see if the ruling is appealed before making changes to its emergency orders. Local governments may also take action to implement their own eviction bans because the ruling noted that the lawsuit did not call into question the numerous eviction freezes or rent-aid schemes established at the state and local level.
Barker wrote that while states can monitor residential evictions and foreclosures—and did so during the Great Depression—the power of the federal government to regulate interstate trade under the U.S. Constitution does not grant it the right to enforce a moratorium. The judge noted that the federal government has never claimed such a power at any point during the nation’s history up until the CDC eviction moratorium was enacted last year. Barker stated that he expected the CDC to abide by his ruling and cease enforcement of the CDC’s moratorium order and, thus, he did not issue an injunction, which would have prohibited the CDC from continuing to enforce its moratorium. The judge did leave room for the plaintiffs to request an injunction if the CDC does not respect the ruling.
Learn about evictions during COVID-19 in a free webinar on March 3 at 10 a.m. CST from Texas REALTORS®. Register now.
Also, the Texas Rent Relief Program is accepting applications from landlords and tenants for help with rent and utility bills—both current expenses and those going back as far as March 2020. Get details and apply at texasrentrelief.com.
As posted on the Texas Justice Court Training Center website: The process in Texas eviction cases has been governed by the Texas Supreme Court’s Emergency Order, not the specific text of the CDC order. The Emergency Orders are still valid, as stated in the first page of the ruling: “This lawsuit does not question that the States may regulate residential evictions and foreclosures, as they have long done.”
Thank goodness! Prohibition of eviction for non-payment of rent is entirely unfair to landlords, and should never be a policy of our government.
Judges need to be punish who do not read CDC guide line and give judgement on emotion , not on facts does not care to verify the CDC requirements with proof. I have been victim by 3-4 judges in Dallas area, lost thousands of dollars for such judges false, bias holding the CDC Moratorium valid for tenants who deliberately do not pay rent and do not want to pay rent and enjoy lavish life by such Judges favors and court staff are also not train to see the validity of CDC Eviction Moratorium . It is faulty legal system, Texas… Read more »