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Texas landlords scored a win yesterday when a federal judge ruled that the Centers for Disease Control (CDC) lacked the constitutional authority to enforce a nationwide freeze on evictions during the coronavirus pandemic.
A group of landlords filed suit over the September eviction ban implemented by the CDC, alleging they are owed thousands in unpaid rent. The CDC argued that the sweeping freeze on evictions is within the agency’s power to regulate national commerce.
U.S. District Judge J. Campbell Barker disagreed in an order issued Feb. 25. In it, he concluded that the act of evicting a resident doesn’t effect the interstate commerce in a way that would allow a federal agency to enforce regulations like the CDC’s eviction freeze. The order notes that real estate is “inherently local.”
“Residential buildings do not move across state lines,” Judge Barker pointed out in the order. “And eviction is fundamentally the vindication of the property owner’s possessory interest.”
In the order, Judge Barker took issue with the CDC’s assertion that it had the authority as a federal entity to halt evictions, surmising that, if that was true, then the federal government would also be able to regulate marriage and divorce – both functions left to state and local authorities.
Indeed, many states and local governments enacted moratoriums on evictions in the hope of keeping Americans in their homes; however, many of those moratoriums have and will expire, leaving tenants in limbo as the pandemic drags on.
The order concludes that, although states have broad police powers to protect the public interest, the federal government only has limited police powers. For example, notes the order, the CDC could likely enforce a quarantine requirement to stop infected individuals from crossing state lines; however, the eviction freeze goes too far.
“Such broad authority over state remedies begins to resemble, in operation, a prohibited federal police power,” Judge Barker said. He added that “[a]lthough the COVID-19 pandemic persists, so does the Constitution.”
While Judge Barker rejected the CDC’s argument in favor of the nationwide eviction moratorium, he did not issue an injunction, concluding that the agency would likely respect his judgment.
Are you a tenant or landlord who has been affected by the nationwide eviction freeze? We want to hear from you! Tell us about your experience in the comment section below.
The landlords are represented by Robert Henneke, Chance Weldon and Joseph Aaron Barnes Sr. of the Texas Public Policy Foundation, and Kimberly S. Hermann and Celia Howard O’Leary of the Southeastern Legal Foundation.
The Texas Landlords Eviction Freeze Lawsuit is Lauren Terkel et al. v. Centers for Disease Control and Prevention et al., Case No. 6:20-cv-00564, in U.S. District Court for the Eastern District of Texas.
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8 thoughts onCDC Can’t Enforce Nationwide Eviction Freeze Amid Pandemic, Rules Texas Judge
My family and I were evicted during the freeze 4/4/2021. We have literally lost everything because of the eviction.. we didn’t even see a judge!! This has destroyed your life and put a tremendous problems that is impossible to recover from.. can’t find any house because of the eviction .. my kids can’t even go to school!! The school system will not let them because we have no where to live.. we have been homeless, depressed, embarrassed, .. Even DEFC will not help.. I hear no funds, Stacy w
My family and I were evicted before the eviction moratorium was even up.. we got evicted in March with a 24 hr noticed.. we didn’t even go to court about it… We still are living on the streets with kids.. it’s almost impossible to start all over when you lose everything you own…
I’m a landlord in Illinois. My rights were violated by the CDC and Gov Pritzker in allowing my tenants not to pay rent for 2 yrs, allowed them to hide behind the Eviction Moratorium while working the full time. The CDC caused millions of landlords to lose rent with their Eviction Moratorium. I lost over $80,000 because I could not evict and my tenants never paid me a dime in 2 yrs while they were working. They were hiding behind the Eviction Moratorium, knowing full well I could not evict. Is this fair? The CDC should have stayed out of my business. They did not stop all the art fairs, sports, etc but I could not evict 4 people?? Covid is still here. I want to ask…Do I own my property or does the government. If they think they own it , then they should have paid the taxes for 2 years and the upkeep…not me!
Add me to your lawsuit, please.
I live in Illinois and the Eviction Mort has made me lose over $62,000. Tenants are working and hiding behind this Eviction Mort. Everything is now opened in Ill except Gov Pritzker is holding off in lifting the Eviction Law….It’s my property and I pay the taxes on it, so I should be able to evict the phoney tenants that are both working and have not paid me a dime in a year and a half.
I am a Missouri landlord. I have a tenant who has not paid any rent for 10 months and refuses to pay anything at all for rent. I have gone to court two times and the courts in Missouri have sided with the tenant. Also have 14 violations with the city for damage to the property and trash accumulations on the property. Numerous police calls to home and nothing is being done. Drugs dealing out of home neighbors complaining and we cant get her out? I need help before I loose everything HELP How can the CDC do this to me as a law abiding landlord?
I am a landlord in Georgia. Tenant taking full advantage. Have filed several eviction cases, tenant receives assistance, pays, then situation starts all over again. Went to court in March, mediated, and still did not pay. Have back rent due for 4 months. Moved into property during pandemic and only paid on time for first month rent. Fails to maintain property. CDC Moratorium is a disaster. No provisions for landlord to be compensated.
I am a landlord in Wakefield, MA. I had a tenant who passed away in Feb/March of 2020. Unbeknownst to me, her son was also living there illegally but I still told him I would give him a month to leave so he could collect his mothers belongings. He refused to leave when the month was up. I had to call police 3x for him threatening me, loud noise and other drama he caused. He also admitted to punching holes in the wall and door along with smoke damage. I went to the courts at the end of march 2020 and they told me theres an eviction freeze and nothing they can do. I got no rent at all from him and no $$ for damages done. He completely took advantage of me during the freeze and after 10 months of hell he left unexpectedly owing me over $15k plus damages. Now I dont know how to find him if im ever able to actually sue for past due rent and damages done!!! I have a house that has two apartments in it. I live in one and I rent out the other. I may lose my home now because the way i pay my mortgage is by renting out the apartment and thats the apartment he was refusing to leave. I need some serious help and dont know what to do. Please help me!
I am a Georgia landlord/owner. We are owed over 80K in past due rent. Judge denied us a eviction on a tenant for property damage as well. There is over 7K in damage in a unit that I am aware of. They are allowed to stay rent free because they signed the CDC declaration.