Ninth Circuit Rejects Los Angeles Apartment Owners' Challenge to LA's COVID Eviction Moratorium
The Ninth Circuit Court of Appeal issued an August 25, 2021 opinion affirming the trial court's rejection of a preliminary injunction motion by the Apartment Association of Greater Los Angeles to stop the COVID eviction moratorium enacted by the City of Los Angeles in March 2020. The Public Interest Law Project joined co-counsel Susman Godfrey LLP, Public Counsel, and Western Center on Law & Poverty to represent intervenors Alliance of Californians for Community Empowerment (ACCE) and Strategic Actions for a Just Economy (SAJE). Intervenors provided real life stories of tenants protected by the COVID eviction moratorium, and further legal argument on why the City's moratorium is Constitutional. The Ninth Circuit's opinion is the first federal appellate court to rule on the Contracts Clause as it relates to COVID eviction moratoria, and may be useful to deter further challenges on that basis for the moratoria enacted throughout the country.
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