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Constitutional Law,
U.S. Supreme Court

Aug. 28, 2024

Rental housing: The COVID factor

The Supreme Court addressed the validity of a district court's stay on the CDC's eviction moratorium, siding with landlords by indicating that the government was unlikely to succeed on the merits.

Michael M. Berger

Senior Counsel, Manatt, Phelps & Phillips LLP

2049 Century Park East
Los Angeles , CA 90067

Phone: (310) 312-4185

Fax: (310) 996-6968

Email: mmberger@manatt.com

USC Law School

Michael M. Berger is senior counsel at Manatt, Phelps & Phillips LLP, where he is co-chair of the Appellate Practice Group. He has argued four takings cases in the U.S. Supreme Court.

Shutterstock

Ah, COVID. Does anyone remember life before it? It has certainly shaken up the legal system. Today's column deals with COVID-19's impact on the rental housing market. More precisely, it deals with the interaction of regulations of the Centers for Disease Control and Prevention (CDC) and the Constitution's prohibition on taking property for public use without just compensation. (This is, after all, a column on takings law, remember?)

We begin with Congres...

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