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CDC Eviction Moratorium Class Action Lawsuit Overview:
- Who: An advocacy group is urging a court to rule on a class action lawsuit claiming the Center for Disease Control’s (CDC) eviction moratorium is illegal.
- Why: The group claims the CDC has stepped outside of its bounds by keeping landlords from evicting tenants during the coronavirus pandemic.
- Where: The class action lawsuit is pending in Iowa federal court.
The New Civil Liberties Alliance (NCLA) has asked for a summary judgement in its class action lawsuit against the U.S. Centers for Disease Control and Prevention (CDC) regarding its eviction moratorium order.
Lead plaintiff Asa Mossman — an Iowa landlord — claims the CDC eviction moratorium leaves her powerless to evict delinquent tenants. The NCLA wants the CDC’s order declared unlawful by the court.
The US Supreme Court seemingly agreed with Mossman and the NCLA when it removed a stay on an injunction on Aug. 26 that had been filed in a DC District Court.
“The District Court produced a comprehensive opinion concluding that the statute on which the CDC relies does not grant it the authority it claims,” stated the Supreme Court.
CDC Eviction Moratorium Leaves Landlords Powerless
The NCLA says the house-providing plaintiffs it represents have been “irreparably harmed” by the CDC’s “ill-conceived foray into national housing policy,” reports The Bakersfield Californian.
The CDC eviction moratorium cost thousands of members of the National Apartment Association and National Association of Residential Property Managers millions of dollars in “unrecoverable losses,” since they were unable to evict tenants who weren’t paying rent, the NCLA claims.
Plaintiffs will likewise be unable to recover any funds from delinquent tenants because any that present a legitimate attestation will be considered insolvent, according to the NCLA.
“Our clients have been denied access to their property, refused any remedy for non-payment of rent, and have been frozen out of court so their legitimate claims could not even be heard,” said the NCLA. “This lawless act was done without Congressional authorization by a bureaucrat who pays no price for issuing this order. Enough is enough.”
Renters, conversely, have continued to struggle as the pandemic continues filling hospital beds across the country. Protections for federal funded housing ended in July of last year.
A federal judge in Texas took the side of a group of landlords in February, ruling that the CDC could not enforce a nationwide eviction freeze.
Are you a renter or landlord affected by the CDC’s eviction moratorium? Let us know in the comments!
Mossman is represented by the New Civil Liberties Alliance.
The CDC Eviction Moratorium Class Action Lawsuit is Mossman, et al. v. United States Centers for Disease Control and Prevention, et al., Case No. 1:21-cv-00028, in the U.S. District Court for the Northern District of Iowa.
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15 thoughts onCDC Eviction Moratorium Unlawful, Says Class Action Lawsuit
My family and I have lost everything . We try to stop and fight an eviction in March of 2021, we didn’t even see a judge to provide the our rights. They ended up giving us 24 hrs to move… Our lease wasn’t even up , our property management even interfered with the help we are trying to apply for that made us not receive any help as well. This is almost a discrimination as well
Yes I have been affected by the eviction moratorium. I am in Illinois specifically McHenry County. My tenant was advised that I was putting the house up for sale and he said he wanted to purchase it. Then he delayed any responses to me. I finally advise the house was being put up for sale and the month to month lease was not being renewed. He then threatened to sue me or have me arrested if I stepped foot on the property. I had him served a 5-day a 10-day and another 5 day. One was done at his place of employment. He has not paid me in 2 years. He has been working and for a time was collecting unemployment. I was not allowed to file anything when I finally was able to get to court the judge said that’s what I get for renting. I was only given the option of paying him $6,000 and he would be out in 2 months or I could let him stay for six more months. The judge said what do you want me to do about it. If we did go to trial he said he would side with the tenant. I had all the evidence of him working and lying and not paying a dime. Initially I only wanted him out because he did not have a lease. Now between attorney costs, loss of a sale of the house loss of rent, credit cards and loans I am out over $50,000. Not to mention, the mental cruelty it has caused.
I absolutely would like to be a part of a class action either statewide or federal.
My wife and i could not evict tenants in Kansas because of the eviction moratorium[s] In the same moratoriums there was a foreclosure moratorium. We had a bank filed a forecloser action on many of our rental properties. A liberal judge allowed the case to be herd. We lost and went to appeal to a higher court.. The same liberal judge would not allow us to appeal t o a higher court without posting a cash bond which exceeded the amount owed to the bank. The same judge would not let our rental properties to be used as the bond. When the courts did open up for evictions we found the wait time to be long . The end result to date we have court ordered eviction /judgements of $640,000 .in claims, plus another $120,000 in legal claims currently in the court system, over $200,000 in uncompensated damages, over $300,000 in legal fees [we have to pay the banks and our lawyers ] , the bank imposed a default interest upon our account at 12 percent interest which cost another $180,000 plus in expenses. . We had to file a chapter 5 bankruptcy on our rental LLC. We were required to sell many of our properties at a substainal net worth loss The eviction moratorium[s] cost my wife and me 37 years of our lives and over $6,000,000 in net worth loss. We are both 62 and prior to Covid 19 we had projected having no debt by age 70. The governmental moratorium actions were not legal, were punitive, harmful, outrages, damaging, unwarranted. This action by the government needs a class action lawsuit to be filed.
How do I get involved? Or are there other class action suits that I should look into? I’ve lost over $50,000 and counting because of CDC moratorium. Plus the city of Austin, Tx extended the CDC moratorium to December 31, 2021. Then a judge extend it to March 2022. I’m still waiting to evict non paying tenants because Austin is backlogged with evictions. I would really appreciate some help. Thx
How do I get involved? I have over $300,000 lost in my home counting damage unpaid rent and my legal fees to try to evict these people.