October 30, 2021

Eviction Moratorium Case Needed Full Briefing and Argument | New Jersey Law Journal - Law.com

In response to a public health crisis, the U.S. Department of Health and Human Services (HHS) through the surgeon general has imposed an eviction moratorium targeted to areas of the country that are experiencing particularly high levels of COVID transmission. The Alabama Association of Realtors challenged the moratorium and moved before the U.S. District Court for the District of Columbia for summary judgment, invalidating the moratorium. At issue was language in 42 U.S.C. 264(a) providing that:

“The Surgeon General, with the approval of the [Secretary of Health and Human Services], is authorized to make and enforce such regulations as in his judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases … from one State or possession into any other State or possession.

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source: https://www.law.com/njlawjournal/2021/10/30/eviction-moratorium-case-needed-full-briefing-and-argument/

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