Property owners successfully challenge CDC's nationwide eviction moratorium
Clients Alabama Association of Realtors, Georgia Association of Realtors
Jones Day successfully represented property owners challenging the Centers for Disease Control and Prevention's nationwide moratorium on evictions. Backed by criminal penalties, the eviction moratorium prevents property owners from evicting certain tenants who fail to pay rent during the COVID-19 pandemic. A federal district court in Washington, D.C. agreed with Jones Day that the moratorium exceeds the agency’s statutory authority under the Public Health Service Act. After the district court granted the government’s motion for a stay pending appeal, Jones Day asked the Supreme Court to vacate the stay. Although a majority of the Supreme Court declined to immediately lift the stay, a different majority of the Court indicated their agreement that the moratorium exceeds the agency’s authority.
Alabama Association of Realtors v. HHS, No. 1:20-cv-03377 (D.D.C.)