Demonstrators in California calling for lawmakers to pass stronger eviction protections in January. A federal appeals court will now decide whether to scrap a federal eviction moratorium from the CDC. Housing groups say renters need more time to qualify for and get billions of dollars worth of rental assistance money approved by Congress.

Demonstrators in California calling for lawmakers to pass stronger eviction protections in January. A federal appeals court will now decide whether to scrap a federal eviction moratorium from the CDC. Housing groups say renters need more time to qualify for and get billions of dollars worth of rental assistance money approved by Congress.

Rich Pedroncelli / AP

A federal judge has issued a sweeping ruling that would revoke a pandemic eviction moratorium put in place by the Centers for Disease Control and Prevention.

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But the Justice Department is appealing on behalf of the CDC.

The case was brought by the Alabama Association of Realtors which argued that the CDC doesn't have the power to tell landlords they can't evict people during a pandemic. The judge agreed.

"It is the role of the political branches, and not the courts, to assess the merits of policy measures designed to combat the spread of disease, even during a global pandemic," Judge Dabney Friedrich, of the U.S. District Court for D.C. wrote in her ruling.

"The question for the Court is a narrow one: Does the Public Health Service Act grant the CDC the legal authority to impose a nationwide eviction moratorium? It does not."

That act empowers the CDC to make and enforce regulations that it judges are necessary to prevent, "the introduction, transmission, or spread of communicable diseases." But the judge said in this case the CDC overreached.

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There have been several rulings on the matter with conflicting decisions. This latest one goes further than any of them by moving to strike down the eviction moratorium nationwide.

But the U.S. Court of Appeals for the D.C. Circuit could now issue a stay, which would keep the CDC's eviction protections in place, for now.

"My hope is that the D.C. Circuit Court will quickly issue a stay and this ruling will not have effect," says Shamus Roller, the executive director of the National Housing Law Project.

“The underlying ruling, in this case, is pretty weak, in my opinion,” Roller says. “Congress in December extended the CDC order. So clearly Congress thinks that the CDC has this authority.”

But Roller says it's unclear whether the appeals court will issue a stay and which way the appeal decision may go. He says the Trump administration appointed many conservative federal judges who he suspects could rule against the government exerting this kind of power-- telling landlords not to evict tenants during a public health emergency.

Meanwhile, the plaintiffs in this latest case, the Alabama Association of Realtors says it's pleased by the ruling.

The group’s CEO Jeremy Walker says, “The ruling will bring much-needed relief to struggling mom-and-pop housing providers across the country.” He says the economy is growing again and getting back on its feet. “Our focus is now on the implementation of emergency rental assistance to support tenants who continue to suffer from the effects of the pandemic as soon as possible.”

The Census Department says nearly 7 million Americans are still behind on rent. And while Congress has authorized about $50 billion dollars in rental assistance money, the vast majority of that hasn't reached the people who need it yet.

So housing groups worry that without the CDC order in place, many families will get evicted who might otherwise have avoided it. They worry many families could wind up homeless, just because they lost work during the worst pandemic in a century.

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