Thanks to the Supreme Court's decision in the Cedar Point case, this suit has much better odds of success than previous takings challenges to eviction moratoria.
It still covers some 90% of the country, and still rests on a theory of virtually limitless CDC authority. Even President Biden acknowledges the order is legally dubious.
A new lawsuit from landlords argues that the CDC's eviction moratorium was a taking, and that they're entitled to compensation.
Circuit Judge John K. Bush accuses the federal government of laying claim to "near-dictatorial powers."
The ruling is unsurprising. But it does further strengthen the case against the moratorium, and increases the odds the issue might eventually make it to the Supreme Court.
The Sixth Circuit's decision is at odds with that of the D.C. Circuit, and features a Judge Thapar concurrence on delegation.
The city approved developers' plans for a 10-unit complex. They built 29 homes instead. Now some of those illegal units could have to be dismantled.
11th Circuit Refuses to Issue Injunction Against CDC Eviction Moratorium—but Doesn't Rule on the Moratorium's Legality
The decision is based on the conclusion that the landlords failed to prove they suffered an "irreparable" injury. It upholds a trial court ruling denying a preliminary injunction to landlords challenging the moratorium.
Ending single-family zoning doesn't ban single-family homes from neighborhoods. It merely allows more freedom for people to build what they want.
Federal Judge David O. Carter says Los Angeles' “inaction" is "so egregious, and the state so nonfunctional" that it's likely "in violation of the Equal Protection Clause."
Congress approved $25 Billion in emergency rental assistance in December. Only 6 percent of that money has been spent so far.
The government and media relied on studies plagued by shoddy statistics to make the case for blocking evictions during the COVID-19 pandemic.
At Least 5 Justices Seem To Think the CDC's Eviction Moratorium Is Illegal. SCOTUS Left It in Place Anyway.
Brett Kavanaugh, who provided a crucial fifth vote, said he agrees that the CDC does not have the authority to override rental contracts.
The agency’s legal defense of its eviction moratorium implies that it has vast powers to order Americans around.
Supreme Court Refuses to Block CDC Eviction Moratorium—But also Signals Majority of Justices Believe the Moratorium is Illegal
A majority refused to lift a stay of a district court injunction against the order, but five justices indicated they believe the order is illegal.
More and more cities have taken preliminary steps toward allowing "missing middle" housing options in once exclusive single-family neighborhoods, but the devil is in the details.
The federal government's ban on the removal of non-paying tenants was supposed to expire on June 30. It'll now run through July 31.
Plus: Hong Kong police raid a pro-democracy newspaper, Fed officials change their tune on inflation, and more...
The Federal Government Has Spent $46 Billion on Emergency Rental Assistance. The Rollout Has Been a Hot Mess.
Crashing website and impenetrable government bureaucracy greet the tenants and landlords trying to access billions in federally funded rent relief.
Lawmakers are proposing to create a "California Dream Fund" that would subsidize up to 45 percent of the costs of a new home.
The dubious decision breaks a streak of wins for plaintiffs challenging the legality of the CDC order.
Cruel NIMBYism hides in call for historic preservation.
The Biden administration wants to give $5 billion to jurisdictions that deregulate their housing markets.
A Town in New Jersey Tried To Seize This Property To Block a Housing Development, Which Has Still Not Been Built
If politicians want lower housing prices, they need to let people build more housing.
A crop of bipartisan bills in Congress aims to reduce local and state regulations on new housing.
The San Francisco Board of Supervisors voted to landmark the longtime home of gay rights activists Phyllis Lyon and Del Martin.
This ruling has some distinctive elements, and may have a broader impact than previous decisions.
A recent Century Foundation report highlights reasons why breaking down barriers to building new housing should appeal to left, right, and libertarians alike.
The Massachusetts Congresswoman is a two-time supporter of the Rent and Mortgage Cancelation Act.
The president endorses a competitive grant program that would reward localities for loosening their restrictive zoning codes.
A unanimous Sixth Circuit decision upheld a lower court ruling holding that the moratorium is illegal.
Residents of a building that sailed through the city's approval process want to stop a building next door because it would shade a senior center, alter a "historic" gay bar
Freezing rents at existing affordable housing will eliminate developers' incentive to build more of it.
Could allowing blocks to upzone themselves end the most intractable feud in urban development?
Plus: Mexico moves closer to legalizing marijuana, Facebook fights monopoly allegations, and more...
A nationwide ban on evictions is well outside the congressional power to regulate interstate commerce, ruled U.S. District Judge J. Campbell Barker on Thursday.
The lawsuit argues a 2,100-page environmental impact report for a major expansion of the University of California, San Francisco's Parnassus campus wasn't thorough enough.
New bills in the legislature would make it easier for cities to allow more housing on their own, and crack down on places that try to cheat their way out of permitting development.
California Massively Increased the Amount of Housing the Bay Area Has To Allow. YIMBY Lawsuit Says 'Eh, Could Be More.'
A new lawsuit from two YIMBY groups argues that the state failed to incorporate a jobs-housing balance when calculating the number of new homes the San Francisco Bay Area has to plan for.
Biden's willingness to extend a nationwide eviction moratorium, while declining to mandate masks nationwide, demonstrates a worrying inconsistency in his views on presidential powers.
Biden's Revival of Trump's Eviction Moratorium is at Odds with His Position on the Legality of a National Mask Mandate
Biden correctly recognizes he doesn't have the authority to impose a general national mask mandate. The same reasoning shows the nationwide eviction ban is also illegal.