EXPLAINER: The law and science behind the CDC’s eviction ban

EXPLAINER: The law and science behind the CDC’s eviction ban

SeattlePI.com

Published

When the U.S. government enacted a ban on evictions, it did so through an unlikely agency: the Centers for Disease Control and Prevention.

The CDC has said the policy, first enacted in September and recently extended through the end of June, helps stop the spread of the coronavirus by limiting the number of people who lose their housing and have to live in shared housing, homeless shelters or on the streets.

The ban has been praised by advocates for those at risk of being thrown out of their homes, but it has been met with stiff resistance from some property owners who say it is a constitutional overreach. Last month, a federal judge in Ohio concluded the agency lacked the authority to issue such a ban, the second such ruling.

Here’s a look at the moratorium, its rationale and what the research says about evictions and health.

WHAT DOES THE MORATORIUM DO?

The eviction moratorium is supposed to stop landlords and property owners from evicting renters who meets certain requirements, like making $99,000 or less in 2020 if you're an individual, or experiencing substantial loss of income. It's meant to mitigate the spread of the coronavirus through shared housing and unsheltered homelessness, the spread of the virus from one state to another, and support coronavirus response efforts.

But eviction ban isn't stopping all evictions. They are continuing in some places, because of misinformation and legal loopholes.

WHAT GIVES THE CDC THE ABILITY TO BAN EVICTIONS?

The agency has said its authority comes from the Public Health Service Act, a nearly 80-year-old federal law that gives the federal government tools to stop the spread of communicable diseases.

The act is clear about some measures the agency can take, such as isolation and quarantine of people who have or may have...

Full Article