NASHVILLE, Tenn. — Tennessee’s court system won’t follow a new COVID-19 pandemic eviction moratorium by President Joe Biden’s administration because of the federal appeals court for its region.
Attorneys helping tenants say the legal interpretation leaves those now facing eviction with limited options.
The attorneys said they are trying to negotiate with landlords to accept federal pandemic housing aid applied for by tenants or get landlords to cut ties with tenants who agree to move out sooner than required.
Either aims to avoid an eviction mark on their record that could inhibit their ability to get a new place to live in the future.
The state is citing a 6th U.S. Circuit Court of Appeals ruling from last month.
Officials with the court said that they filed an opinion in Tiger Lily, LLC, et al v. HUD, et al that found the Centers for Disease Control and Prevention does not have the authority to issue eviction moratoriums. They said the previous moratorium was lifted in the state on July 23 as a result of the decision.
They also said that the CDC order reinstating the eviction moratorium on Aug. 3 says it is not effective in areas where federal courts prohibited it.
The full statement from the court can be read below:
Tennessee falls under the jurisdiction of the United States Court of Appeals for the Sixth Circuit. On July 23, 2021, the U.S. Sixth Circuit filed an opinion in Tiger Lily, LLC, et al v. HUD, et al, Case No. 21-5256, finding that the Centers for Disease Control does not have the authority to issue eviction moratoriums. The previous eviction moratorium was lifted in Tennessee on July 23 as a result of this decision. The CDC order filed on August 3, 2021, states that it is not effective in areas where its application is prohibited by federal court order. Legal counsel for the court system has reviewed the Tiger Lily decision in conjunction with the new CDC order and has advised that it is not applicable in Tennessee.