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Federal Courts Keep Chipping Away at the CDC Eviction Moratorium

An Ohio judge has blocked the federal eviction ban, allowing landlords to resume filings against tenants in the Cleveland area — and perhaps nationwide. 

Cleveland’s Carl B. Stokes Federal Court House Building. 

Cleveland’s Carl B. Stokes Federal Court House Building. 

Photographer: Dustin Franz/Bloomberg 

In a March 10 decision, a federal court in Cleveland blocked the national eviction moratorium, making it the second court to challenge the emergency measure implemented under President Donald Trump and extended by the Biden administration. The order clears the way for courts and landlords to resume evictions against tenants across much of Ohio. But the landlord groups who brought the suit believe that the decision could have a broader national application, setting the stage for an earlier-than-anticipated resumption of eviction activity before the ban expires on March 31.

The judge ruled that the Centers for Disease Control and Prevention, which introduced its ban on evictions in September, lacks the authority to enact such a policy. While the court stopped short of issuing an injunction against the CDC ban, its decision goes further than the Texas court that made a similar call late in February.