March 23, 2021 - A Texas U.S. District Court judge has ruled that the federal moratorium on evictions is unconstitutional after hearing from a group of property owners in Texas that argued that the U.S. government does not have the power to stop evictions.
Siding with the property owners, the federal judge held that Article I of the U.S. Constitution does not grant, within the federal government’s regulation of commerce, the right to prohibit residential evictions. It was determined that such power rests with the States, under a State’s police power. The primary issue in the case was whether the CDC Order prohibiting evictions was within the legislative powers granted to Congress under Article I of the U.S. Constitution and could be delegated to an administrative agency (Centers for Disease Control and Prevention). The U.S. District Court found that such broad power of the federal government over State remedies begins to resemble the exercise of a prohibited federal police power. The judge did not issue a preliminary injunction in this case. Rather, the judge indicated that he expected the U.S. Centers for Disease Control and Prevention to withdraw the moratorium. The moratorium is currently extended through March. "The federal government cannot say that it has ever before invoked its power over interstate commerce to impose a residential eviction moratorium," the judge wrote in his ruling. "The federal government has not claimed such a power at any point during our nation's history until last year." The immediate impact of this ruling is in question because the judge did not issue an injunction. The protections set forth in the moratorium remain in place for tenants for now and it is unclear whether the CDC will appeal the ruling. It is important to note that this ruling determined such a moratorium rest with a state's powers. Therefore, the issuance of a moratorium by the governor would not be affected by this ruling. Contact Glenn J. Smith, Esquire at 717-843-1639 or Glenn@MarcRobertsLaw.com for assistance with your legal needs.
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AuthorGlenn J. Smith, Esquire. Archives
August 2021
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