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Judge Doubts Eviction Ban, But May Lack Power To Stop It

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Housing advocates protest outside Governor Andrew Cuomo's office on the eviction moratorium on Wednesday, Aug. 4, 2021, in New York. After a federal eviction moratorium was allowed to lapse this weekend, the Centers for Disease Control and Prevention issued a new moratorium Tuesday on evictions that would last until Oct. 3. (AP Photo/Brittainy Newman)

(AP) — A federal judge who declared the earlier nationwide moratorium on evictions illegal is deeply skeptical of the Biden administration’s new order, but says she may lack the power to do anything about it. U.S. District Judge Dabney Friedrich on Monday promised a decision soon in an effort by Alabama landlords to block the moratorium imposed last week by the Centers for Disease Control and Prevention, which it said was based on the spread of COVID-19′s delta variant. Friedrich suggested the administration was engaged in legal “gamesmanship” to buy time for the distribution of $45 billion in rental assistance money. But she suggested her hands may be tied by a ruling by the appellate court above her.

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