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Justice Department appealing judge’s order regarding eviction moratorium

File – In this October 14, 2020 file photo, a housing activist is standing in front of the house of Charlie Baker, Governor of Massachusetts, in Swampscott, Massachusetts. The Department of Justice found on Saturday, February 27, 2021 that the federal expulsion moratorium was unconstitutional against the judge’s decision. The prosecutor filed a notice on the case Saturday evening and said he was appealing to the Federal Court of Appeals for the Fifth Circuit. (AP Photo / Michael Dwyer, file)

Washington (AP) —The Justice Department said on Saturday that it would appeal the decision of a judge who found the federal eviction moratorium unconstitutional.

Prosecutors filed a notice in the case on Saturday evening, stating that the government had appealed the matter to the Federal Court of Appeals for the Fifth Circuit. The appeal will be filed a few days after Judge J. Campbell Barker of the US District Court ruled that the Centers for Disease Control and Prevention was beyond its authority and the Moratorium was illegal.

“The COVID-19 pandemic continues, but the constitution continues,” the judge wrote in a decision Thursday.

In a statement, Brian Boynton, Deputy Deputy Attorney General for the Justice Department’s Civil Affairs Department, said prosecutors in honor of the judge’s decision, which applies only to the parties to the case and others. Said that it does not apply widely to the parties involved.

“The CDC eviction moratorium, which Congress extended last December, protects many lessees who are unable to pay monthly due to unemployment or medical costs,” he said. “By preventing people from becoming homeless or moving into more crowded homes, the moratorium helps delay the spread of COVID-19.”

The CDC’s eviction moratorium was signed by President Donald Trump in September and extended by President Joe Biden until March 31st.

Barker, who was appointed by Trump to serve in the eastern Texas district in 2018, has stopped issuing injunctions in the proceedings. Some real estate owners have filed proceedings alleging that the federal government has no legal authority to suspend evictions.

“It’s hard to say that the federal government has ever exercised power over interstate commerce and imposed a eviction moratorium on housing,” Barker wrote. “We didn’t do that during the deadly Spanish flu pandemic, nor did we evoke such power in the event of the Great Depression. The federal government, until last year, the history of our country. Does not claim such power at any point in time. “

State and local governments approved many renter eviction moratoriums early in the pandemic, but many of their protections have already expired.

To be protected, the lessor must earn $ 198,000 or less for a jointly filed couple and $ 99,000 for a single filer. Show that they sought government assistance to pay the rent. Declare they cannot pay due to the difficulties of COVID-19; and make sure they are likely to be homeless if evacuated.

Justice Department appealing judge’s order regarding eviction moratorium

Source link Justice Department appealing judge’s order regarding eviction moratorium

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