Brad Nitschke Comments on DC Federal Court’s Decision to Vacate the National Eviction Moratorium

May 6, 2021 | Mentions

As companies of all types and sizes continue to deal with the potential legal implications of the COVID-19 pandemic for their businesses, Jackson Walker provides insights and resources on the COVID-19 Legal Resources & Insights site.

Following a federal judge’s decision to vacate a national eviction moratorium issued by the Centers for Disease Control and Prevention (CDC), the Biden administration filed an appeal and the judge temporarily stayed that order, extending the moratorium through at least late next week. As the appeals process ensues, Jackson Walker partner Brad Nitschke spoke with FOX 26 Houston about the court’s decision and what protections are available to renters in the interim.

Brad Nitschke interview with FOX 26 Houston

View Brad’s full interview on the FOX 26 Houston website »

In the interview, Brad noted, “The judge’s order goes into effect at the end of this temporary pause that she’s put in place late next week. There won’t be this broad federal ban on residential evictions for people who might become homeless or be forced into shared housing if they’re evicted. What that really means for most tenants is they’ll be left with what their states and local governments have put in place.”

In some states, including Washington, the governors have put in place a statewide ban on residential evictions that went even further than the CDC’s order. However, he noted, Texas doesn’t have a ban like that in place at the state level. Instead, the state has created an eviction diversion program that acts as a voluntary negotiation program where, if a landlord and tenant agree to participate, then there may be some state funding available to pay back rent and court records might be sealed.


Related Insights:

DC Federal Court Vacates National Eviction Moratorium »
Texas Supreme Court Extends Deadline on Eviction Protections to Reflect Federal Eviction Moratorium »

“The judge’s decision late last night to put her order on hold gives tenants an extra week to 10 days, it seems like, to figure out what they’ll do if the original order goes in place and the CDC’s order is no longer a protection they have,” Brad said. “The trend that we’re seeing in Texas and nationally is towards some of these COVID countermeasures that relate to housing and tenants start to go away, so I think tenants have to be prepared for the reality that they may lose what protections they have right now in the near future.”

To view the full interview, visit the FOX 26 Houston video “Federal judge strikes down eviction moratorium.” For additional information on how the evolving orders might affect you or your business, please contact a Jackson Walker attorney and follow our COVID-19 updates at

Brad NitschkeMeet Brad

Brad Nitschke is a business and healthcare litigator and the Chair of Jackson Walker’s COVID-19 Task Force. Brad frequently represents healthcare clients in contract disputes with vendors and suppliers, litigates real estate disputes involving healthcare facilities, and—working closely with Jackson Walker’s healthcare regulatory attorneys—helps clients analyze the potential risks of proposed business decisions. Brad also has extensive experience representing banks, other institutional lenders, and financial services firms in claims arising under loan documents, customer agreements, and the Uniform Commercial Code. Brad has particular experience in investigations and crisis response involving healthcare compliance issues, financial improprieties, and sexual misconduct.

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Please note: This article and any resources presented on the JW Coronavirus Insights & Resources site are for informational purposes only, do not constitute legal or medical advice, and are not a substitute for legal advice from qualified counsel. The laws of other states and nations may be entirely different from what is described. Your use of these materials does not create an attorney-client relationship between you and Jackson Walker. The facts and results of each case will vary, and no particular result can be guaranteed.