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CDC Eviction Moratorium Vacated and Stayed

On May 5, 2021, the U.S. District Court for the District of Columbia struck down the Center for Disease Control’s (CDC’s) nationwide eviction moratorium set to expire at the end of June, concluding the moratorium exceeds the limits Congress placed on the CDC’s authority. In response, the Department of Justice (DOJ) filed a notice of appeal and a request for an emergency stay of the order pending the appeal, which the District Court granted temporarily while considering the basis for an emergency stay. On May 14, 2021, the D.C. District Court granted the emergency stay, which the plaintiffs sought to vacate by the D.C. Circuit Court.

On June 2, 2021, the emergency stay was upheld by the D.C. Circuit Court, meaning the CDC eviction moratorium remains in place nationwide. As a result, plaintiffs have filed an application with the Supreme Court to vacate the stay before the CDC order expires at the end of June.

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