The Biden administration reportedly wants to continue a pandemic eviction moratorium despite a Texas federal judge's ruling that declared the order unconstitutional.
U.S. District Judge John Barker ruled Thursday that an order from the Centers for Disease Control and Prevention temporarily halting evictions amid the pandemic was unconstitutional. The judge sided with a group of landlords and property managers who had filed suit.
Barker did not issue a preliminary injunction, but said he expected the CDC to withdraw the moratorium.
President Joe Biden was disappointed with Barker's decision, White House officials told The Daily Caller. The officials added the Justice Department was evaluating options to proceed with the moratorium.
Two other district courts previously upheld the moratorium, the White House officials cited, and added the moratorium was a health issue because evicted renters could be forced to find housing in overcrowded shelters, increasing the possible spread of COVID-19.
The officials also said millions of Texans recently affected by power outages caused by a severe winter storm needed the assistance.
The eviction moratorium originally was issued by former President Donald Trump in September, when it became a crime for property owners to evict tenants unable to pay rent with no options for affordable housing. The order expired at the end of December.
On Feb. 3, Biden reissued the order through March. Later in the month, he also helped homeowners by extending a foreclosure moratorium through the end of June.
In addition, the new president extended two additional provisions outlined in the CARES stimulus package by six months — the window Americans can apply for rent or mortgage forbearance, and the total amount of aid people already enrolled in the program were eligible to receive.
"Keeping people in their homes and out of congregate settings — like shelters — is a key step in helping to stop the spread of COVID-19," CDC Director Rochelle Walensky said in early February.
Barker's ruling affected only the eviction moratorium and not the forbearance and foreclosure extensions, White House officials stressed.
Barker was appointed to the U.S. District Court for the Eastern District of Texas by Trump in May 2019.