Sen. Pat Toomey, R-Pa., the ranking member of the Senate Banking Committee on Wednesday began a move to repeal the eviction moratorium recently put in place by the Centers for Disease Control and Prevention.
Toomey, in a resolution introduced on Wednesday, is moving to repeal the moratorium under the Congressional Review Act and called on the Government Accountability Office to rule on whether the eviction ban is considered a formal rule.
“Though the CDC did not pursue notice and comment rulemaking, the eviction moratorium appears to be generally applicable, prospective in nature, and designed to interpret law,” Toomey wrote.
“For these reasons, I respectfully request that you evaluate whether the eviction moratorium is a ‘rule’ under the CRA.”
He adds, “Furthermore, since the CDC’s eviction moratorium is having a significant impact on the legal and property rights of landlords and renters, please respond determinatively by August 16, 2021. I stand ready to assist and answer any questions you may have.”
The CDC order states that "a surge in evictions could lead to the immediate and significant movement of large numbers of persons from lower density to higher density housing at a time in the United States when the highly transmissible delta variant is driving COVID-19 cases at an unprecedented rate.”
It adds, "Evicted renters must move, which leads to multiple outcomes that increase the risk of COVID-19 spread. Specifically, many evicted renters move into close quarters in shared housing or other congregate settings. These moves may require crossing state borders. According to the 2017 Census Bureau American History Survey, 32 percent of renters reported that they would move in with friends or family members upon eviction, which would introduce new household members and potentially increase household crowding. Studies show that COVID-19 transmission occurs readily within households."
Even before the moratorium was formally issued, President Joe Biden appeared to acknowledge that the eviction ban could be successfully challenged by Republicans.
"Whether that option will pass constitutional muster with this administration, I can’t tell you. I don’t know," Biden said. "There are a few scholars who say it will and others who say it’s not likely to. But, at a minimum, by the time it gets litigated, it will probably give some additional time while we’re getting that $45 billion out to people who are in fact behind in the rent and don’t have the money."
Theodore Bunker ✉
Theodore Bunker, a Newsmax writer, has more than a decade covering news, media, and politics.
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