Challenge to CDC COVID-19 Eviction Moratorium

Brown v. Azar, 2020 WL 6364310 (N.D. Ga. Oct. 29, 2020)
The CDC issued a temporary eviction moratorium to prevent the further spread of COVID-19. Plaintiffs, landlords seeking to evict tenants, sued and sought a preliminary injunction. The court found the moratorium was within the delegated authority of the CDC Director under the plain language of the statute. The court also rejected plaintiffs’ arguments that the agency’s determination that the order was reasonably necessary was arbitrary and capricious, finding the agency did not need to further consider state and local measures. Finally, the court found the order did not unconstitutionally infringe plaintiffs’ rights to access the courts. Finding no irreparable harm, and harms to the public interest, the court denied the motion for a preliminary injunction.