A Washington DC-based federal judge has thrown out the eviction moratorium prompted by the coronavirus pandemic and imposed by the Centers for Disease Control (CDC) last year. The federal moratorium on residential evictions has been extended three times since it was first implemented under President Trump last September, was most recently extended by President Biden in March and was not scheduled to expire until June 30, 2021. Citing the “plain language” of the Public Health Service Act, under which authority the moratorium was issued, U.S. District Court Judge Dabney Friedrich ruled that the CDC had exceeded its authority with such a broad edict. Although the CDC moratorium applied across the country only to residential tenancies, 23 states have imposed their own eviction restrictions during the pandemic, many of which apply to commercial as well as residential tenancies, and those restrictions are not affected by this court ruling. For example, New York Governor Andrew Cuomo just three days ago signed legislation extending both the commercial and residential eviction moratoria through August 31. Consequently, members should check with their legal counsel in any given state for more relevant state-specific guidance. Oh, and the Department of Justice (DOJ) has already announced that it will appeal the decision.