Landlords filed a legal challenge to President
The Biden administration’s edict should be struck down because the high court clearly
The CDC extended a ban on evictions in areas of the country with substantial and high transmission of Covid-19 on Tuesday, after a firestorm of criticism from Democrats following the lapse of a previous moratorium on Saturday.
In July, the justices rejected calls by landlords and real-estate trade associations from Alabama and Georgia to block the moratorium while their challenge played out in court.
The realtors’ association seized on Kavanaugh’s argument that legislative approval is required to further extend the moratorium.
“In substance and effect, the CDC’s latest action is an extension of the same unlawful ban on evictions that has been in effect since September 2020,” the group said in its filing.
The Biden administration has until Friday morning to respond.
The administration is seeking to keep Americans safe and housed for as long as possible to contain the spread of the Delta variant, according to a White House official who spoke on condition of anonymity because of the ongoing litigation. The CDC identified the legal authority for a new eviction moratorium focused on counties with high or substantial case rates, the official said.
The National Apartment Association has a
(Updates with White House response in ninth paragraph.)
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