The Independent View: Federal Court Allows Biden's New COVID-19 Eviction Moratorium To Remain

A Federal Judge, on Friday, allowed the Biden Administration's Eviction Moratorium to Remain in Place, the latest development in what has been a Protracted and Politically charged Fight with the Housing Industry amid the Coronavirus Pandemic.

U.S. District Judge, Dabney Friedrich, ruled in Favor of the Biden Administration because of a Higher Court's Decision keeping the Moratorium in place. A Ruling in June, by the U.S. Court of Appeals for the D.C. Circuit, which the Supreme Court did Not Reverse, is Binding, Friedrich wrote.

The Ruling is a Blow to the Real Estate Industry, which argued that the Moratorium has caused significant Financial Hardship and Infringes on the Rights of Property Owners. Supporters say the Moratorium is needed to ensure Millions of Americans, Behind on their Rent, aren't Evicted as the Pandemic, has taken a serious turn, because of the highly Contagious Delta Variant.

A Group of Real Estate entities in Alabama and Georgia, had asked the Federal Court in Washington, D.C., to Block the New Eviction Freeze, arguing that the Centers for Disease Control and Prevention (CDC) had Exceeded its Authority.

Congress Approved the Original Moratorium in the early months of the Pandemic. When it Expired last July, Trump Ordered the CDC to Impose its own Freeze, which it did in September. President Biden Extended that Order through last month.

When the Original Moratorium Expired, Congressional Democrats pushed the Administration to Extend the Ban once again. Rep. Cori Bush (D-MO, 1st District), slept outside the U.S. Capitol for several Nights in a Protest designed to draw Attention to the Expiring Freeze.

But even Biden, who had initially said Congress would need to act First, Acknowledged that any Unilateral Order would face an Uphill Climb in Federal Court. While a 5-4 Majority of the Supreme Court, in June,Rrefused to Block the Eviction Freeze, Associate Justice Brett Kavanaugh, signaled he would Switch his Vote if the Challenge to Moratorium returned to the High Court.

Kavanaugh wrote that he Voted, to keep the Ban in Place, only because it was about to Expire anyway. The CDC, he wrote, "exceeded its existing statutory authority" and any extension, he wrote, would require "clear and specific congressional authorization."

In response, the Biden Administration crafted a New Order, it described as "targeted" because it Applied only in Counties where COVID-19 Transmission Rates, are Substantial or High, as defined by the CDC. Those Designations currently cover about 85% of All Counties. The New Moratorium took effect Immediately and runs through October 3rd.

The Real Estate Groups argued the New Moratorium, because it relies on the same 1944 Public Health Law, is an Extension of the Previous Order. But the CDC described its latest Order as a "new invocation of its authority – and responsibility – to protect public health."

In her Ruling, Friedrich Agreed that the New Moratorium is an Extension of the previous Policy, but said the Appeals Court's Decision Prevents her from Blocking Enforcement of the Eviction Freeze.

White House Press Secretary, Jen Psaki, said Biden is urging State, Local Officials, and Judges to issue Eviction Moratoriums in their Jurisdictions, and to quickly Distribute Federal Emergency Rental Assistance Funds, given to the States.

"The Administration believes that CDC's new moratorium is a proper use of its lawful authority to protect the public health. We are pleased that the district court left the moratorium in place, though we are aware that further proceedings in this case are likely," Psaki said in a Statement.

The Georgia Association of Realtors, One of the Plaintiffs, said the Group Plans to bring the Case back to the Appeals Court, and to the Supreme Court, if necessary.

“While today’s decision was not what we were hoping for, we are still confident that this unlawful eviction moratorium will come to an end sooner than later,” the Group said, noting that the Ruling was based on Procedural Grounds and that Friedrich said in her Opinion, that the Administration is unlikely to Ultimately Succeed.