Texas judge finds national eviction ban unconstitutional

A federal judge in Texas ruled that the national ban on evictions is unconstitutional.

A federal judge in Texas has ruled that the national ban on evictions that’s been in place since September is unconstitutional.

“Although the Covid-19 pandemic persists, so does the Constitution,” U.S. District Judge John Barker wrote Thursday evening, siding with a group of property managers who argued that the ban exceeds the power of the federal government.

The Centers for Disease Control and Prevention’s national eviction moratorium was first announced under former President Donald Trump in September 2020. It prohibited evicting renters who were financially struggling because of the coronavirus pandemic.

President Joe Biden has since extended the moratorium through March, and has called for it to be kept in effect through September 2021.

The CDC did not immediately respond to a request for comment.

Landlords have criticized the CDC’s moratorium, saying the government was overstepping its authority and that they can’t afford to house nonpaying tenants. There have also been court challenges to the moratorium in Georgia, Louisiana and Tennessee, though they were all unsuccessful.

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