Texas Federal District Court Overturns CDC Eviction Moratorium
Siding with landlords across the state, U.S. District Judge J. Campbell Barker concluded that "[a]lthough the COVID-19 pandemic persists, so does the Constitution,” holding that the federal government’s power to regulate interstate commerce does not apply to “property rights in buildings — specifically, whether an owner may regain possession of property from an inhabitant.”
Although the Department of Justice has filed a notice of appeal, this case may mark a turning point for landlords who have continued to pay taxes and other costs associated with their properties for the past year. While the nationwide reach of this decision remains to be seen, we can expect to see landlords citing to this Texas case in eviction filings across the country.