Alabama Association of Realtors v. United States Department of Health and Human Services
United States Court of Appeals for the District of Columbia Circuit
2021 WL 2221646 (2021)
Facts
In 1944 Congress passed the Public Health Service Act (PHSA), which authorized the Department of Health and Human Services (the department) (defendant) to promulgate and execute regulations necessary to prevent the spread of communicable diseases. In response to the COVID-19 pandemic, the department enacted a nationwide temporary eviction moratorium. The moratorium prevented landlords from evicting renters with economic concerns who, if evicted, would likely be forced to find shared and congregate housing, such as homeless shelters. The department relied on the PHSA to promulgate the moratorium on the ground that an increase in individuals relying on congregate housing would increase the spread of COVID-19. The Alabama Association of Realtors (the association) (plaintiff) filed an action in federal district court against the department and other federal agencies (collectively, the department). The association claimed the moratorium was improper because states, not the federal government, had authority to regulate housing transactions. The district court returned a verdict in the association’s favor. The department appealed and applied for a stay. The district court granted the stay. The association appealed the district court’s grant of the stay.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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