The decision applies to the ban imposed by the Centers for Disease Control.

U.S. District Judge John Barker, a Trump appointee in Texas, states that the federal government has never imposed a residential eviction moratorium before—not even during the deadly Spanish flu epidemic of 1918 or the Great Depression.

Judge Barker says he expects the CDC to honor his ruling and end the moratorium.

The decision was in response to a lawsuit filed by landlords and property owners in Texas. They sued the CDC and the Department of Health and Human Services after the Trump administration implemented the eviction moratorium in September 2020.

Hapco Philadelphia general counsel Paul Cohen with Cohen Marraccini says he’s working with other attorneys to make sure the judge’s ruling is upheld on appeal.