Federal Judge Vacates CDC Eviction Moratorium

Under Governor Inslee’s statewide eviction moratorium Washington landlords may only evict residential tenants because a tenant poses an immediate and serious threat, the owner wishes to sell, or the owner wishes to live in the rental property.

Landlord attorneys and most local Washington courts have held that the Center for Disease Control (CDC) eviction moratorium does not prevent eviction under the Washington state moratorium exceptions. Tenant attorney have appealed this issue, and there are two cases pending with the Washington State Supreme Court on the issue of whether the CDC eviction moratorium supersedes Governor Inslee’s eviction moratorium exceptions.

Today a federal judge in the other Washington held that the CDC exceeded its authority when it issued its eviction moratorium. The judge vacated the CDC eviction moratorium order, meaning the CDC eviction moratorium has no legal effect anywhere in the country.

The government has appealed, so the final resolution remains to be seen.

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