The city’s moratorium on eviction filings denies “property owners their day in court for an extended indefinite period” and therefore violates the owners Constitutional right to “regain possession of their property in a summary proceeding," the judge found. “Ending the filing moratorium will not directly result in any evictions during the public health emergency,” Epstein wrote. “Nor will ending the filing moratorium automatically result in a flood of new eviction cases.”But for those landlords who are impacted by the decision, the legal wheels can start to move again. In May, Bowser signed into law a provision banning eviction filings for 60 days after the state of emergency lifts. Five landlords eventually challenged the legality of the moratorium on filing an eviction and a second moratorium on evicting tenants during the course of a state of emergency.

Source: Washington Post December 16, 2020 22:57 UTC