Emergency Motion Filed to Stay CDC’s New Order: What Homeowners Need to Know | Dentons
As reported by the National Association of Real Estate Agents, on Wednesday August 3, an emergency motion was filed with regard to the CDC August 3 order extend the moratorium on evictions until October 3, as discussed in a previous blog Publish.
The Alabama and Georgia Real Estate Associations have filed a emergency movement Wednesday evening with Judge Dabney Friedrich of the United States District Court for the District of Columbia, asking the court to apply the Recent Order of the United States Supreme Court which provided that the CDC could not extend the moratorium without new legislation.
As discussed in a previous blog Publish, in 2020, the Alabama Association of Realtors, along with all of the plaintiffs, filed a lawsuit challenging the CDC’s authority to issue its original deportation mortarium order. As part of that litigation, a lower court’s decision was appealed to the United States Supreme Court, and on June 29, 2021, a majority of the Supreme Court concluded that the CDC did not have the power to implement its order, but the court chose to keep the moratorium on evictions in place until the end of July. In its decision, the Supreme Court had declared that it “agreed[d] with the district court and the petitioners that the CDC overstepped its existing statutory authority by enacting a nationwide moratorium on evictions, “and that, in its view,” congressional authorization (through new legislation) would be necessary to extend the moratorium after July 31 ”. Despite this ruling, the CDC issued the August 3 order earlier this week.
The U.S. District Court has set a very expedited briefing schedule, signaling that we may see a ruling on the motion later this month.