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Not so fast: Judge orders stay in eviction ban

Yesterday, we announced that a nationwide eviction ban has been struck down by U.S. District Court Judge Dabney L. Friedrich of the District of Columbia, calling it unlawful. Now, that same judge is ordering a stay.

The eviction moratorium was put in place by the Centers of Disease Control and Prevention (CDC) using authority granted to them during public health emergencies. It protects renters from losing their homes during the Coronavirus pandemic.

Well, not so fast, says Judge Friedrich, who has ordered a temporary stay, which came after the Department of Justice filed an emergency appeal in the case. This means business as usual for mom-and-pop landlords. In March, President Biden extending the eviction moratorium until June.

According to Judge Friedrich, issuing the stay for the eviction ban was “not based on the merits of the Justice Department’s argument but instead is meant to give the court time to consider the motion and any potential opposition.”

Many states, such as Florida, are focusing on rental assistance to help those who will face eviction or foreclosure in the coming months, especially if the eviction ban expires in June. According to Household Pulse Survey from the Census Bureau, that equals about 4 million people in the U.S. who may soon face eviction or foreclosure. The National Association of Realtors opposes the eviction ban, noting that rental assistance programs are needed, not an eviction ban.

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