Blog Stories US APPEALS COURT: CDC Eviction Moratorium Unlawful

US APPEALS COURT: CDC Eviction Moratorium Unlawful

By Melissa Dorman, August 3, 2021

A U.S. appeals court ruled on July 23 that the Centers for Disease Control and Prevention lacked authority for the national moratorium it imposed last year on most residential evictions to help curb the spread of the coronavirus. The 6th U.S. Circuit Court of Appeals ruling means judges in Tennessee, Kentucky, Ohio and Michigan are no longer bound by the moratorium, said Joshua Kahane, the lawyer who argued the case for a property manager.

The decision upheld a lower court ruling in March that found the CDC overstepped its authority when it issued the moratorium last year, saying authority to deal with evictions during the pandemic could not be delegated to the CDC under existing law.

“While landlords and tenants likely disagree on much, there is one thing both deserve: for their problems to be resolved by their elected representatives,” wrote Judge Thapar in a concurring opinion.

The moratorium is set to expire on July 31 and the Biden administration said in June it would not grant further extensions.

The CDC issued a national eviction ban on all residential rental properties in September to facilitate self-isolation, contain the spread of COVID-19 and prevent homelessness after the expiration of a narrower previous ban enacted by Congress.

The CDC’s moratorium has been extended three times, once by Congress and twice by the agency itself.

Melissa Dorman

Broker | OR & WA

She/Her

Ten years ago, Melissa was living in a slum in Kolkata, India, helping over 200 women escape sex trafficking by providing alternative work at a social business. It was there she discovered her passion for financial education as a means of empowering people to move out of poverty. After graduating from UCLA with a Masters, Melissa spent 5 years working as a Social Worker; assisting clients facing homelessness, in jail, or at a psychiatric facility. As much as she loved the work, imagining saving for retirement on the meager salary of a social worker was becoming grim. That's when Melissa discovered "passive income." In no time, she fell in LOVE with real estate as a vehicle for wealth. Soon after, Melissa began locating off-market multi-family properties to purchase through creative financing strategies and win-win opportunities. Two years into investing, Melissa quit her day job as a Social Worker to become a full-time broker and investor. Initially, she was drawn to people in difficult circumstances, so she developed extensive experience assisting families facing foreclosure, short sales, and probate. Melissa is well versed in helping her clients overcome complex real estate challenges. Currently, Melissa is teamed up with Super Broker, Yascha Noonberg at Living Room Realty. Together they assist clients to achieve their real estate dreams, including how to strategically buy and sell a personal residence to maximize profits. Far from the slums of Kolkata, her greatest passion now is empowering other working professionals to develop passive forms of income through buying multi-family properties in Portland.
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