By Dareh Gregorian -
NBC News
A federal judge ruled Wednesday that the national moratorium on evictions issued by the Centers for Disease Control and Prevention (CDC), aimed at helping victims of the pandemic keep their homes,
exceeds the authority
of this agency and should be overridden.
"The question for the court is: Does the Public Health Services Act grant the CDC the legal authority to impose a moratorium on eviction nationwide? It does not," wrote Judge Dabney Friedrich of the District of Columbia Court. , in
a 20-page sentence in which it is considered that the moratorium should be annulled
.
The judge pointed out that, although Congress ratified previous extensions of the moratorium order, it did not do so with the last one, which runs until June 30.
[New York passes a bill that will give legal aid to tenants in eviction proceedings]
It is not clear what the
immediate
impact
of the sentence will be.
The Justice Department has moved forward as it will appeal the court ruling, which could put tens of thousands of people at risk of losing their homes.
They analyze expanding moratorium for New York residents at risk of eviction
May 3, 202102: 02
The ruling is one of several conflicting decisions on the issue, which Friedrich noted in his decision.
"In recent months,
at least six courts have examined various
legal and constitutional
challenges
to the CDC order," he wrote.
In one such case, a federal judge in Texas ruled that the eviction moratorium was unconstitutional.
The Government has appealed that decision.
[Biden unveils his 'Plan for American Families' that seeks to expand the child tax credit of up to $ 3,600 through 2025]
The moratorium was first enacted as part of the first stimulus package, signed by former President Donald Trump in March.
It expired in July and was extended by CDC order in September.
That order originally expired in late January, but has since been extended by CDC Director Rochelle P. Walensky.
