Columbus, OH – On Wednesday, The Buckeye Institute filed its amicus brief in Terkel v. Centers for Disease Control and Prevention (CDC) with the U.S. Court of Appeals for the Fifth Circuit, calling on the court to end the unconstitutional eviction moratorium that makes it increasingly difficult for low-income Americans to obtain affordable housing and inflicts financial hardships on small landlords.

“As is often the case with government regulations, the remedy has the perverse effect of causing more harm than intended, such is the case with the CDC’s national ban on evictions,” said Jay R. Carson, senior litigator at The Buckeye Institute. “While the CDC’s intentions may have been good, studies show that when small landlords are unable to pay their mortgages, taxes, and for the upkeep on their properties, they exit the market, leaving fewer housing options available.”

In its brief, The Buckeye Institute argues that in enacting a nationwide moratorium on evictions, the federal government, through the CDC, assumed powers that it does not have under the United States Constitution. 

The case, which is being argued by the Texas Public Policy Foundation and Southeastern Legal Foundation, started when Lauren Terkel, who owns a modest four-plex rental house in Tyler, Texas, was denied her right under Texas state law to evict a non-paying tenant due to the CDC’s evection ban.

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UPDATE: October 19, 2021, the U.S. Court of Appeals for the Fifth Circuit dismissed the CDC’s appeal, allowing the district court’s decision to stand.