In response to a public health crisis, the U.S. Department of Health and Human Services (HHS) through the surgeon general has imposed an eviction moratorium targeted to areas of the country that are experiencing particularly high levels of COVID transmission. The Alabama Association of Realtors challenged the moratorium and moved before the U.S. District Court for the District of Columbia for summary judgment, invalidating the moratorium. At issue was language in 42 U.S.C. 264(a) providing that:

“The Surgeon General, with the approval of the [Secretary of Health and Human Services], is authorized to make and enforce such regulations as in his judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases … from one State or possession into any other State or possession.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]