Texas federal court finds CDC eviction moratorium unconstitutional

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On February 25, the U.S. District Court for the Eastern District of Texas in Tyler held that the federal government’s CDC eviction moratorium order is unconstitutional. Although TAA is still evaluating the opinion, one of its principal holdings is that only the state, not the federal government, has the power to enact an eviction moratorium. In its conclusion the court states “Although the COVID 19 pandemic persists, so does the Constitution.”
The suit was brought by the Texas Public Policy Foundation and Southeastern Legal Foundation on behalf of several Texas Apartment Association members in the Tyler/Lufkin area.  
The ruling is likely to be appealed to the 5th Circuit Court of Appeals by the federal government so stay tuned for further developments. TAA will share an in-depth analysis of the ruling and its implications for our members soon.