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CDC Lacks Authority for Eviction Moratorium, Sixth Circuit Says

July 23, 2021, 8:28 PM

The U.S. Centers for Disease Control and Prevention lacks the authority to impose its ten-month-old pandemic eviction moratorium, the Sixth Circuit said Friday, concluding that Congress’ one-time extension of the agency’s order didn’t augment its rulemaking power.

Although the CDC has some rulemaking authority under the Public Health Service Act of 1944, it doesn’t include the power to interfere with landlord-tenant relationships, the U.S. Court of Appeals for the Sixth Circuit said.

The PHSA authorizes the Secretary of Health and Human Services “to make an enforce such regulations as in his judgment are necessary to prevent the introduction, transmission, or ...

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