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There’s a new federal moratorium on evictions, yet it doesn’t apply in Tennessee. The Volunteer state, along with Kentucky, Ohio and Michigan fall in a loophole because of a ruling issued by the United States Court of Appeals for the Sixth Circuit Court on July 23rd.
In the case of Tiger Lily v. HUD, the court ruled the Centers for Disease Control doesn’t have the authority to issue eviction moratoriums. So technically the last CDC moratorium stopped being helpful then. And despite issuing a new eviction moratorium in areas where COVID is spreading, that court case still exempts the state.
“The CDC order filed on August 3, 2021 states that it is not effective in areas where its application is prohibited by federal court order,” Administrative Office of the Courts Public Information Officer Barbara Peck tells WPLN News.
Since the last moratorium wasn’t automatic, many residents continue to fall through its cracks. Some landlords have avoided the courts and pressured residents to move out.
In Nashville, housing organizers have called on city officials to do more to protect all residents who may be kicked out of their homes, especially as the Delta variant of COVID-19 poses more of a risk.