Amicus Briefs Defending Eviction Moratoria
CDC halt order: Fifth Circuit – Terkel v. CDC Amicus Brief filed by National Housing Law Project in support of reversing trial court decision in Terkel v. CDC, No. 6:20-CV-00564, 2021 WL 742877 (E.D. Tex. Feb. 25, 2021). The trial court issued a declaratory judgment finding the CDC halt order impermissible under the Commerce Clause. (Filed May 3, 2021)
CDC halt order: Fifth Circuit – Chambless Enterprises v. Walensky Amicus Brief filed by Southeast Louisiana Legal Services, Acadiana Legal Services, Southern Poverty Law Center, and National Housing Law Project in support of affirming trial court decision in Chambless Enterprises, LLC v. Redfield, – F.Supp.3d -; No. 3:20-CV-01455, 2020 WL 7588849 (W.D. La. Dec. 22, 2020). The trial court had denied a preliminary injunction prohibiting enforcement of the CDC halt order. (Filed April 28, 2021)
CDC halt order: Atlanta Amicus Brief (and attachment) filed in the Northern District of Atlanta in opposition to the plaintiffs’ motion for preliminary injunction in Brown v. Secretary of Health & Human Services, the first of five U.S. District Court lawsuits challenging the CDC temporary halt on evictions. Advocates from Legal Services of Northern Virginia, Atlanta Legal Aid, and NHLP collaborated on the brief. The court subsequently denied the request.
CDC halt order: Memphis Amicus Brief filed in the Western District of Tennessee in opposition to the plaintiffs’ motion for preliminary injunction in Tiger Lilly LLC v. HUD, one of five U.S. District Court lawsuits challenging the CDC temporary halt on evictions. Filed with the assistance of attorneys from Butch, Porter & Johnson, PLLC.
CDC halt order: Kansas City Amicus Brief filed in the Western District of Missouri, in support of preliminary injunctive relief in KC Tenants v. Byrn, an action which challenges a local administrative order authorizing landlords to file eviction lawsuits and prosecute them to judgment in Jackson County, MO, as well as secure evidentiary hearings in which to contest the veracity of tenant “covered person” declarations given to invoke protection of the CDC halt order. Advocates from Legal Aid of Western Missouri, Legal Services of Eastern Missouri, and NHLP collaborated on the brief.
CDC halt order: Akron Amicus Brief filed in the Northern District of Ohio in opposition to the plaintiffs’ motion for preliminary injunction in Skyworks Ltd. v. CDC one of five U.S. District Court lawsuits challenging the CDC temporary halt on evictions. Advocates from Community Legal Aid Services, Inc., and NHLP collaborated on the brief.
City of Los Angeles eviction moratorium Amicus Brief filed with Ninth Circuit in AAGLA v. City of Los Angeles in support of Defendants/Appellees and Intervenors. Focuses on the superior efficacy of broad and simple moratoria (such as the Los Angeles ordinance) at protecting the public health, and discusses the many ways tenants have still faced evictions and displacements under narrower and more complex eviction restrictions such as the federal CARES Act, the CDC halt order, or California’s AB3088. Seeks ruling affirming trial court’s denial of preliminary injunction against enforcement of L.A. ordinance. Amicus Brief filed in the Central District of California in L.A. County Apartment Association v. City of Los Angeles, a lawsuit challenging Ordinance No. 186585, which imposes a local moratorium on residential evictions motivated either by financial causes, minor lease violations, or without fault of the tenant in L.A. Ninth Circuit Court of Appeals Opinion upholding City of Los Angeles eviction moratorium.
Commonwealth of Massachusetts eviction moratorium. Amicus Brief filed in Matorin v. Executive Office of Housing & Economic Development, a lawsuit that challenged that state’s now expired moratorium on “non-essential” eviction proceedings. Principally authored by NHLP with assistance from Joseph Sherman of MetroWest Legal Services in Framingham, Massachusetts