The Centers for Disease Control and Prevention implemented a nationwide eviction moratorium on all residential rental units September 4, 2020. As we mentioned previously, we were unaware of the legality, implementation, and effect the order would have. Several days later, the first complaint was filed in Atlanta, Georgia to challenge the CDC’s authority to make such order.
Richard Lee Brown, the landlord, through his attorney, alleges the CDC does not have authority to make the law as Congress has not granted the agency power, and has been irreparably damaged by the overreach arguing that Brown does not have any remedy for maintaining the property and associated expenses while rent remains delinquent. A copy of the complaint filed by attorneys for Richard Lee Brown can be found here https://nclalegal.org/wp-content/uploads/2020/09/Rick-Brown-v.-Secretary-Alex-Azar-et-al._2020.09.08-Complaint.pdf.
Click here to view our initial article regarding the CDC eviction moratorium. We will continue to release updates as the situation develops.