BOSTON — A federal judge ruled Wednesday that the U.S. Centers for Disease Control and Prevention exceeded its authority when it imposed a federal eviction moratorium.

The Justice Department said it would appeal the ruling from the U.S. District Court in Washington, D.C., meaning there won’t likely be any immediate impact on the ban, which in March was extended through the end of June.

Even so, Greg Payne, director of the Maine Affordable Housing Coalition, described the court ruling as “worrisome, really worrisome.”

“It has thrown a ripple of fear across the country as well as Maine,” said Payne, whose agency supports a bill pending in the Legislature that would establish an eviction mediation program.

Opponents of the CDC moratorium, including the National Association of Realtors, welcomed the decision and said the solution was rental assistance, not a ban on evictions.

“This prevents two crises – one for tenants, and one for mom-and-pop housing providers who do not have a reprieve from their bills,” the president of the Realtors association, Charlie Oppler, said in a statement. “With rental assistance secured, the economy strengthening, and unemployment rates falling, there is no need to continue a blanket, nationwide eviction ban.”

Advertisement

The Alabama and Georgia associations of Realtors were among the plaintiffs in the case.

The eviction ban, initially put in place last year, provides protection for renters out of concern that having families lose their homes and move into shelters or share crowded conditions with relatives or friends during the pandemic would further spread the highly contagious virus.

Proponents of the ban argue it is necessary since the pandemic is still a threat and so many people are at risk of eviction or foreclosure. Nearly 4 million people in the U.S. said they faced eviction or foreclosure in the next two months, according to the Census Bureau’s Household Pulse Survey.

The eviction moratorium “protects many renters who cannot make their monthly payments due to job loss or health care expenses,” Brian M. Boynton, acting assistant attorney general for the Justice Department’s Civil Division, said in a statement announcing the department’s decision to appeal the court ruling.

“Scientific evidence shows that evictions exacerbate the spread of COVID-19, which has already killed more than half a million Americans, and the harm to the public that would result from unchecked evictions cannot be undone,” he added.

Payne, with the Maine Affordable Housing Coalition, admits the eviction moratorium and federal rent relief programs are far from perfect, but they have prevented widespread housing displacement in Maine and the nation. He feels strongly that the moratorium needs to remain in place until at least June 30, and possibly beyond.

Advertisement

He urged tenants to file applications for rent relief immediately and asked the agencies responsible for processing those applications to do so before the June 30 deadline. He noted that agencies are facing a backlog due to the volume of applications received.

“The real issue here is the race to disburse those rent relief funds,” said Payne, who was interviewed by phone Wednesday night. “Landlords don’t want to evict people. They just want to be made whole.”

Payne supports L.D. 1508, an Act to Prevent Homelessness, which would establish an eviction mediation program for helping tenants and landlords resolve disputes. The bill is sponsored by Sen. Anne Carney, D-Cape Elizabeth.

“I think the court ruling is really a wake-up call for Mainers who have been unable to pay their rent. They should be applying for rent relief,” Carney said in a phone interview.

Aaron Bolster, president of the Maine Association of Realtors, called the ruling good for landlords who have been unable to pay their bills. But he also does not want to see tenants getting evicted for not paying their rent.

“Most rental units in Maine are owned by small mom-and-pop landlords. I think Mainers are salt-of-the-earth people and most landlords want to work with their tenants, not evict them,” Bolster said by phone.

Advertisement

Congress has allocated more than $45 billion in rental assistance, but much of that hasn’t reached needy tenants.

Eric Dunn, director of litigation for the National Housing Law Project, said most of the rent relief programs only started in late March and early April. “It feels like the pandemic, at least in the U.S., is coming to an end but it’s not over yet. If we have a wave of mass evictions, it could really set us back.”

The ruling Wednesday is just the latest court decision on the moratorium.

Landlords in several states have sued to scrap the order, arguing it was causing them financial hardship and infringing on their property rights. They remain opposed to any extension, saying it does nothing to address the financial challenges facing renters and landlords.

There are at least six prominent lawsuits challenging the authority of the CDC ban. So far, three judges have sided with the ban and three have ruled against, with all cases currently going through appeals. One judge in Memphis declared the CDC order unenforceable in the entire Western District of Tennessee.

Dunn worries that the sweeping nature of the ruling – which clearly states that it applies nationally – could embolden landlords in some states to push ahead with evictions.

“Just practically there could be some landlords that maybe thought the prior decision didn’t apply to them or they couldn’t rely on those and may choose to rely on this one,” he said. “There could be some broader effect for that reason, but I think technically it’s still the same. None of the federal court decisions are binding on state court judges that actually hear eviction cases.”

Press Herald Staff Writer Dennis Hoey contributed to this report.


Only subscribers are eligible to post comments. Please subscribe or login first for digital access. Here’s why.

Use the form below to reset your password. When you've submitted your account email, we will send an email with a reset code.

filed under: