In September 2020, in response to the COVID-19 pandemic, the Centers for Disease Control and Prevention (CDC) and the Department of Health and Human Services issued a residential eviction moratorium to prevent the further spread of COVID- 19. One year later, the U.S. Supreme Court terminated the moratorium. During the year that the moratorium was in effect, landlords across the country filed lawsuits against the CDC because they were unable to evict tenants who did not satisfy their rental obligations. Because the moratorium allowed tenants to remain on the property without paying rent, some landlords argued that the regulation effected an unconstitutional taking under the Fifth Amendment. This Note evaluates arguments that landlords could still raise under the Fifth Amendment Takings Clause and concludes that landlords will not be able to prevail with takings claims to challenge the moratorium based on current takings jurisprudence.
"Going, Going, Gone: Takings Clause Challenges to the CDC’s Eviction Moratorium,"
Georgia Law Review: Vol. 56:
1, Article 10.
Available at: https://digitalcommons.law.uga.edu/glr/vol56/iss1/10